INVITATION FOR BID NUMBER

Transcription

1 CITY OF LEE S SUMMIT PURCHASING, ADMINISTRATION DEPARTMENT 207 S.W. MARKET STREET - P.O. BOX 1600 LEE S SUMMIT, MO Phone Fax INVITATION FOR BID NUMBER The City of Lee's Summit will accept separate sealed bids from qualified persons or firms interested in providing the following: PURCHASE AND INSTALLATION OF TWO (2) 1000 GALLON ABOVE GROUND PROPANE TANKS; YEARLY CONTRACT FOR FILL SERVICE; AND YEARLY CONTRACT FOR SERVICE AND MAINTENANCE IN ACCORDANCE WITH THE ATTACHED SPECIFICATIONS BIDS MUST BE RECEIVED BY AND WILL BE OPENED AT 10:00 AM CST ON SEPTEMBER 25, 2006 There will be a pre-bid conference in the Purchasing Conference Room at City Hall, 220 SE Green St. Lee's Summit, MO on Monday, September 11, 2006, at 10:00 am CST. All interested bidders are encouraged to attend. A site visit will follow. PLEASE MARK YOUR ENVELOPE "SEALED BID " AND RETURN THREE (3) COPIES TO: City of Lee's Summit, Division of Purchasing Attention: Tammy L. Shaw, CPPB, Procurement Officer 220 SE Green St. Lee's Summit, MO Tammy.shaw@lees-summit.mo.us The undersigned certifies that he/she has the authority to bind this company in an agreement to supply the commodity or service in accordance with all terms, conditions, and pricing specified herein or to offer a no bid. Please type or print the information below. Bidder is REQUIRED to complete, sign and return this form with their submittal of bid. Company Name Authorized Person (Print) Address Signature City/State/Zip Title Telephone # Fax # Date Tax ID # Entity Type (Corporation, LLC, Sole Proprietor, Partnership,) If submitting a "no bid" please provide a brief explanation below for the reason why and return this page:

2 TABLE OF CONTENTS: Invitation For Bid 1 Table of Contents 2 Legal Advertisement 3 Instructions to Bidders 4-5 Specific Requirements 6-7 Specifications 8-18 Pricing Bid Breakdown 25 Bid Page Insurance Requirements Tax Exempt Certificate Personnel Qualifications 33 List of Subcontractors 34 References 35 Application for Payments Form Certified Payroll Forms Non-Performance Payroll Form 42 General Conditions Prevailing Wage Order #13, Increment #6 Bid #

3 Bid # INVITATION FOR BID Bid # PURCHASE AND INSTALLATION OF TWO (2) 1000 GALLON ABOVE GROUND PROPANE TANKS; YEARLY CONTRACT FOR FILL SERVICE; AND YEARLY CONTRACT FOR SERVICE AND MAINTENANCE Sealed bids will be received by the Purchasing Division until 10:00 am CDT on September 25, Sealed bids, as received, will be publicly opened at 10:00 am CDT the same date, Purchasing Conference Room at City Hall, 220 SE Green St. Lee's Summit. There will be a pre-bid conference in the Purchasing Conference Room at City Hall, 220 SE Green St. Lee's Summit, MO on Monday, September 11, 2006, at 10:00 am CDT. All interested bidders are encouraged to attend. A site tour will be conducted immediately following the conference. The work under this contract consists of providing all labor, materials and equipment to purchase and hookup two (2) 1000 gallon above ground propane tanks, for Fire Station #7, currently under construction. In addition, a yearly contract will be awarded for tank filling, and maintenance, as needed. Bidding documents are available at on the City s web site at or by contacting the Purchasing Division at The bid must be submitted on the forms provided. All wages paid for work under this Contract shall comply with requirements of the prevailing wage law of the State of Missouri, Sec et seq., R.S. Mo., as amended by the Division of Labor Standards, State of Missouri and regulations promulgated by the Division of Labor. Prevailing Wage Order #13, Increment #1 applies. The Owner reserves the right to reject any or all bids and to waive informalities therein, to determine the lowest and best bid. No Bidder may withdraw his bid for a period of one hundred twenty (120) days after the date of opening bids. Tammy L. Shaw, CPPB, Procurement Officer 3

4 Bid # SCOPE: The City of Lee s Summit, Missouri is soliciting bids from qualified persons or firms to provide PURCHASE AND INSTALLATIONF TWO (2) 1000 GALLON ABOVE GROUND PROPANE TANKS; YEARLY CONTRACT FOR FILL SERVICE; AND YEARLY CONTRACT FOR SERVICE AND MAINTENANCE for Fire Station #7, currently under construction, for the City. The successful bidder shall be required to provide all labor, materials and equipment to accomplish this project. Definitions: General Contractor: Contractor for Fire Station #7--Scott Pitt of Kraus Anderson, as authorized by the City. Offeror: Bidding vendor. Supplier: Bidding vendor. 1.0 INSTRUCTIONS TO BIDDERS: 1.1 Direct all questions regarding this bid to the Procurement Officer listed on page 1. The City reserves the right to reject any and all bids, to waive technical defects in bids and to select the bid(s) deemed most advantageous to the City. 1.2 The bidder MUST complete EVERY SPACE in page 21-27, as well as other pages as specified. 1.3 Acceptance of this bid or any part thereof, in writing, within one hundred twenty (120) days after the closing date by the Purchasing Agent of the City of Lee's Summit shall constitute a legal and binding agreement; wherein, the supplier shall furnish the supplies or material in accordance with the specifications and bid offer on the written order of the Purchasing Agent. 1.4 Bids submitted on separate forms are not acceptable unless specified in the bid document. Failure to complete bid forms to the satisfaction of the City Purchasing Manager may result in the rejection of your bid. 1.5 The Supplier shall provide all transportation, labor, materials, and equipment to perform the work. 1.6 It is the responsibility of each bidder before submitting a bid to examine the bidding documents thoroughly and request written interpretation or clarifications soon after discovering any conflicts, ambiguities, errors, or omissions in the bidding documents. Requests for clarification must be received no later than September 18, Changes to the specifications will not be allowed except by written addendum issued by the Purchasing Division. Oral explanations or instructions given prior to award will not be binding. 1.8 Bids will be publicly opened and read aloud at the time indicated on the Invitation for Bid. The bidders and the public are invited but not required to attend the formal opening of bids. No decisions relating to the award of a contract will be made at the opening. 1.9 The City reserves the right to award this contract in its entirety or to split the contract between bidders, whichever is in the best interest of the City. The City may accept any item or group of items of the bid unless qualified by specific limitation of the bidder. 4

5 Bid # Any award of a contract resulting from this Invitation for Bid will be made only by written authorization from the Division of Purchasing For prompt payment, all invoices must be either sent directly to Accounts Payable, City of Lee s Summit, MO, P.O. Box 1600, Lee s Summit, MO 64063, faxed to , or ed to ap@lees-summit.mo.us. A contract will be issued for the two (2) tanks. Purchase orders shall be issued for the yearly fill contract. Purchase orders shall be issued for the yearly service/maintenance contract Whenever a material, article, or piece of equipment is identified on the plans or specifications by reference to a manufacturer's or vendor's name, trade name, catalog number, etc., it is intended merely to establish a standard. Any material or article or piece of equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the proposed material, article, or equipment is, in the opinion of the City, of equal substance and function. When the manufacturer is referenced and the words or approved alternate do not follow, it shall be deemed that the words or approved alternate shall follow such designations unless the material, article, or piece of equipment is identified as no substitutes. The City in its sole discretion may reject proposed substitute items. Samples may be required for evaluation prior to award. PLEASE SUBMIT DESCRIPTIVE LITERATURE WITH ALTERNATE BIDS Bidder shall initial all pages where the Bid Document denotes BIDDER S INITIALS:. 5

6 2.0 SPECIAL REQUIREMENTS: Bid # Site Inspection: Each bidder shall familiarize himself with the work site, local labor conditions, and all laws, regulations, and other factors affecting performance of the work. Before submitting a bid, all bidders are strongly encouraged to schedule a site tour with the following City staff between the hours of 8:00 am to 4:00 pm, Monday through Friday: Rick Poeschl, Assistant Fire Chief Licenses: Before issuance of a contract to the successful Supplier, it shall be the Supplier s responsibility to secure the following licenses imposed by law and ordinance, pay all charges and fees, and shall provide proof of the licenses (i.e. xerographic copy of the paid receipt or xerographic copy of the actual license) to the Purchasing Division, to be kept in the bid file as part of the permanent record: City of Lee's Summit, MO Business License-Contact the Treasury Division, , for information Standard propane hauling/dispensing licenses as required. 2.3 Permits: Before issuance of a contract to the successful Supplier, it shall be the Supplier s responsibility to secure the following permits imposed by law and ordinance, and pay all charges and fees related to such permit Land Disturbance Permits-Contact Public Works, , for information Building Permits-Contact Codes Administration, , for information Demolition Permits-Contact Codes Administration, , for information. 2.4 References: Bidders are to supply a list of completed past projects similar in size and type to the project being proposed with company names, addresses, persons to contact, telephone numbers, and dates of completion. 2.5 Personnel: All work must be performed by skilled, experienced, personnel directly employed, supervised, and trained to work with materials and equipment of the trade in a safe workmanlike manner. Experience, performance records, and abilities will be considered in the evaluation of the bid and experience statements are required on all persons performing the work including subcontractors. 2.6 Evaluation Criteria: Tank Price: Includes installation as specified. Lowest and best price, in the best interest of the City, for equipment will be considered in evaluating this bid Fill price as specified. Lowest and best price, in the best interest of the City, for equipment will be considered in evaluating this bid Fill contract price. Lowest and best price, in the best interest of the City, will be considered in evaluating this bid On-call contract price. Lowest and best price, in the best interest of the City, for equipment will be considered in evaluating this bid Service/Maintenance contract price. Lowest and best price, in the best interest of the City, will be considered in evaluating this bid References and Experience: Consideration will be given to the length of time the 6

7 Bid # company has been in operation, providing similar equipment and services; past performance history, references, and qualifications of technicians. The successful bidder shall employ service technicians with demonstrated qualifications and training to industry standards for technical support Warranty: Bidder shall provide detailed standard warranty. 2.7 Prevailing Wage: The wages for all work under this contract shall comply with requirements of the Prevailing Wage Law of the State of Missouri, Missouri Public Law (See Annual Wage Order No. 13, Increment #1. Document located at the State of Missouri Department of Labor and Industrial Relations Web Site: ). 2.8 Pricing: If bidding for purchase and installation, the Offeror must provide a firm, fixed price for performing all requirements of the bid; and complete description/pricing for a service/maintenance yearly contract. The Offeror must provide a breakdown of pricing as specified. If bidding for periodic fill contract, the Offeror must provide a fill schedule, and per gallon pricing. If bidding for on-call fill contract, the Offeror must provide per gallon pricing. If bidding for smart fill contract, the Offeror must provide a breakdown of materials and processes for installation, installation fee(s), and per gallon pricing. If bidding for service/maintenance contract, the Offeror must provide a breakdown of services provided, and complete pricing. 2.9 Warranties: The bidder shall state the warranty for materials and coverages offered on labor for the work performed. All warranties shall be stated in writing and submitted with the bid Insurance: The successful bidder shall be required to provide a Certificate of Insurance within ten (10) calendar days after Notice of Award has been issued (see Insurance Requirements section of this document) Bonds: Bonds will not be required for this project Scheduling of Work: The PURCHASE AND INSTALLATION OF TWO (2) 1000 GALLON ABOVE GROUND PROPANE TANKS, shall be coordinated with the General Contractor, Scott Pitt of Kraus Anderson, as authorized by the City. The completion of work shall be in accordance with the dates submitted by the Supplier on the bid page of the bid document, in coordination with the General Contractor. Contact information shall be provided to the successful bidder Payment: After final inspection and acceptance of all work by the owner, the Supplier shall prepare his statement/invoice for final payment. The Supplier shall also submit certified copies of payrolls in compliance with the Prevailing Wage Law Check-Off List included in this document. All requests for payment are to be submitted to the Accounts Payable 7

8 Division as detailed in the Instruction to Bidders. Bid # SPECIFICATIONS: Description of Work: Propane tanks are to be installed at the site of Fire Station #7, located at 2150 SW Sherer Rd., currently under construction Drawings provided are to show areas requiring the work and are not necessarily drawn to scale. Bidders are encouraged to measure areas prior to bidding Owner s Responsibilities: Owner shall coordinate scheduling between Supplier and City s designated architect representative. Owner shall make site available for work as needed Supplier s Responsibilities for Delivery and Hookup of Tanks: Supplier is responsible for delivery and hookup of two (2) 1000 gallon propane tanks, as specified. Upon award the Supplier shall coordinate delivery with the City s designated General Contractor and keep that person informed of the work in progress. 4.0 GENERAL REQUIREMENTS SUMMARY This Section includes distribution piping systems for liquefied petroleum gas (LPG) extending from the point of delivery to the demarcation point outside the project building. All piping connection from the demarcation point to the liquefied petroleum gas utilization devices shall be by others. Piping materials and equipment specified in this Section include: Pipes, fittings, and specialties Special duty valves. 4.1 Scope of Work: Provide a complete propane storage tank system and LPG service piping for use in supplying the fire station building mechanical system subject to compliance with the attached specification section Liquefied Petroleum Gas Systems (LPG). The propane system shall be installed in compliance with NFPA 58 Liquefied Petroleum Gas code and in compliance with the City of Lee's Summit building codes. 4.2 The LPG system supplier shall provide all permitting and compliance documentation at no additional cost to the Owner. 4.3 The propane tank system location shall be coordinated with the General Contractor. The tanks shall be installed with a minimum separation distance between the tank, important (occupied) buildings and adjacent properties of 25 feet. 4.4 The piping from the tank demarcation point to the building shall be provided by the building 8

9 Bid # plumbing contractor. All tank final connections from the demarcation point to the tank dispensing point shall be provided by the LPG system supplier. 4.5 The propane tanks shall be installed by Fire Station General Contractor, Scott Pitt of Kraus Anderson, as authorized by the City on a level concrete foundation installation surface free from settlement. The foundation shall be installed in compliance with the LPG suppliers specification. Coordinate with LPG supplier at no additional cost to the Owner. 4.6 Reference attached drawing on page 19 or related installation information. Supplier shall connect tanks per drawing attached hereto. 4.7 LPG pressures for systems specified in this Section are limited to the maximum operating pressure limitations of the piping system and those pressures defined by the fuel utilization equipment. 5.0 DEFINITIONS 5.1 Pipe sizes used in this Specification are Nominal Pipe Size (NPS). 5.2 LPG Distribution Piping: A pipe within the building which conveys gas from the point of delivery to the points of usage. 5.3 LPG Service Piping: The pipe from the LP tank, regulating valve, or service valve to the LPG distribution system of the building served. 5.4 Point of Delivery: The outlet of the LP service regulator or service shutoff valve. 6.0 SUBMITTALS 6.1 Product data for each gas piping specialty and special duty valves. Include rated capacities of selected models, furnished specialties and accessories, and installation instructions. 6.2 Shop drawings detailing dimensions, required clearances, for connections to regulator. 6.3 Coordination drawings for gas distribution piping systems in accordance with specifications herein. 6.4 Operating and maintenance manual, to include maintenance data for gas specialties and special duty valves. 6.5 Welders' qualification certificates, certifying that welders comply with the quality requirements specified under 7.2 below. 6.6 Test reports as specified in item 12.2 below. 6.7 Specifications for pad construction (to be constructed by General Contractor): size, thickness, material, weight bearing requirement, underlayment 6.8 Description of service/maintenance agreement 9

10 7.0 QUALITY ASSURANCE Bid # Installer Qualifications: Installation and replacement of gas piping, gas utilization equipment or accessories, and repair and servicing of equipment shall be performed only by a qualified installer. The term qualified is defined as experienced in such work (experienced shall mean having a minimum of 5 previous projects similar in size and scope to this project), familiar with precautions required, and has complied with the requirements of the authority having jurisdiction. Upon request, submit evidence of such qualifications to the Architect. 7.2 Qualifications for Welding Processes and Operators: Comply with the requirements of ASME Boiler and Pressure Vessel Code, "Welding and Brazing Qualification." 7.3 Regulatory Requirements: Comply with the requirements of the following codes: NFPA 58 Liquid Petroleum Gas Code, for gas piping materials and components, gas piping installations, and inspection, testing, and purging of gas piping systems International Building Code International Mechanical Code International Plumbing Code International Fire Code International Fuel Gas Code National Electric Code 8.0 EQUIPMENT AND INSTALLATIONS 8.1 LPG tank and regulator is furnished and installed by the LPG supplier/installer under this section. 8.2 MANUFACTURER INFORMATION: 8.3 MANUFACTURERS Manufacturer: Subject to compliance with requirements, provide gas piping system products from one of the following: Propane Storage Tank Trinity Industries, Inc Meet or exceed equal or superior, as approved by Purchasing Department prior to award LPG Ball Valves 2 and Smaller: 10

11 CONBRACO Industries, Inc. # Bid # Watts #B-6000-YSDT NIBCO # T UL-LP-YSDT Polyethylene Pipe and Pipe Fittings: Phillips 66 Driscopipe Series 6800 or Omega Engrg., Series equal to specified Phillips 66 product PEPCO, series equal to specified Phillips 66 product Gas Pressure Regulators American Meter Company Equimeter Fisher Maxitrol Polyethylene to Steel Pipe Transition Fittings: Perfection Corporation R.W. Lyall Central Plastics 9.0 PROPANE STORAGE TANK 9.1 Aboveground tanks, manufactured to the latest edition and addenda of the ASME Code for Pressure Vessels, Section VIII Division I. Tank shall comply with NFPA 58 and shall be listed by Underwriters Laboratories, Inc. 9.2 Tanks shall be pre-purged and ready to be filled. 9.3 Tanks shall be rated for use at 250 psig from -20 F. to 125 F. 9.4 Tanks shall be able to be evacuated to a full (14.7 psi) vacuum. 9.5 Vessel Finish: Coated with TGIC powder. 9.6 Liquid withdrawal opening shall be located under the dome. 9.7 Tank size and capacity: As shown on installation detail. 11

12 Bid # PIPE AND TUBING MATERIALS General: Refer to "PIPE APPLICATIONS" for identification of systems where the specified pipe and fitting materials listed below are used Steel Pipe: ASTM A 53, Grade B, Schedule 40, Type E electric-resistance welded or Type S seamless, black steel pipe, beveled ends. 9.9 FITTINGS Steel Fittings: ASTM A 234, seamless or welded, for welded joints /4 and smaller shall be socket type /2 and larger shall be butt weld type Steel Flanges and Flanged Fittings: ANSI B16.5, including bolts, nuts, and gaskets of the following material group, end connection and facing: Material Group: End Connections: Butt Welding Facings: Raised face Plastic fittings: ASTM D 3261, butt fusion, polyethylene fittings compatible with the piping system Transition Fittings Steel to Polyethylene: Factory assembled and pressure tested one piece design, with steel half of Schedule 40 steel pipe with beveled edge for welding and polyethylene half shall be of ample length for making welds. Steel pipe shall have epoxy protective coating JOINING MATERIALS Joint Compound: Suitable for the gas being handled Gasket Material: Thickness, material, and type suitable for gas to be handled, and for design temperatures and pressures Transition Fittings, Steel to polyethylene: Steel half shall be schedule 40 steel pipe with beveled edge for welding and polyethylene half shall gave ample length for making welds. Steel pipe shall have epoxy protective coating. Unit shall be one-piece, assembled at the factory and pressure tested. 12

13 9.11 PIPING SPECIALTIES Bid # Unions: ANSI B16.39, Class 150, black malleable iron; female pattern; brass to iron seat; ground joint Dielectric Unions: ANSI B16.39, Class 250; malleable iron and cast bronze; with threaded or soldered end connections suitable for pipe to be joined; designed to isolate galvanic and stray current corrosion Protective Coating: When piping will be in contact with material or atmosphere exerting a corrosive action, pipe and fittings shall be factory-coated with polyethylene tape, having the following properties: Overall thickness; 20 mils; Synthetic adhesive; Water vapor transmission rate, gallons per 100 square inch: 0.10 or less Water absorption, percent: 0.02 or less Prime pipe and fittings with a compatible primer prior to application of tape VALVES Gas Ball Valves 2 and smaller: Two piece bronze ASTM B-584 with full port 316 stainless steel ball, glass reinforced PTFE seat and seal, UL listed for propane gas service EXECUTION 10.1 PREPARATION Conform to the requirements in NFPA 54, for the prevention of accidental ignition Propane tank installation Install propane tank level on concrete support foundation as required by tank supplier PIPE APPLICATIONS Install steel pipe with threaded joints and fittings for 2 inch and smaller, and with welded joints for 2-1/2 inch and larger Install polyethylene pipe with fusion bond joints below grade Install transition fittings at LPG tank and at building service entrance 13

14 Install threaded joints only at connections to valves or appliances. Bid # PIPING INSTALLATION General: Conform to the requirements of NFPA 58 Liquid Petroleum Gas Code Locations and Arrangements: Drawings (plans, schematics, and diagrams) indicate the general location and arrangement of piping systems. Design locations and arrangements of piping take into consideration pipe sizing, flow direction, slope of pipe, expansion, and other design considerations. So far as practical, install piping as indicated Use fittings for all changes in direction and all branch connections Install exposed piping at right angles or parallel to building walls. Diagonal runs are not permitted, unless expressly indicated Install piping free of sags or bends and with ample space between piping to permit proper insulation applications Install unions in pipes 2 inch and smaller, adjacent to each valve, at final connections to each piece of equipment, and elsewhere as indicated. Unions are not required on flanged devices Install dielectric unions where piping of dissimilar metals are joined Install flanges on valves, apparatus, and equipment having 2-1/2 inch and larger connections Install strainers on the supply side of each control valve, pressure reducing valve, pressure regulating valve, solenoid valve, and elsewhere as indicated Painting: Cleaning and painting of exposed outdoor gas piping as specified Final color per General Contractor Install transition fittings per manufacturer s installation instructions where gas pipe routes from above grade to below grade Install underground LPG piping in a trench with bedding and cover per the manufacturer s installation instructions with minimum cover of 18. Provide non-adhesive 4mil thick type tape with 18 AWG copper tracer wire suitable for detection up to 3-0 of burial PIPE JOINT CONSTRUCTION Welded Joints: Comply with the requirements in ASME Boiler and Pressure Vessel Code, Section IX Threaded Joints: Conform to ANSI B1.20.1, tapered pipe threads for field cut threads. 14

15 Join pipe, fittings, and valves as follows: Bid # Note the internal length of threads in fittings or valve ends, and proximity of internal seat or wall, to determine how far pipe should be threaded into joint. Refer to NFPA 54, for guide for number and length of threads for field threading steel pipe Align threads at point of assembly Apply appropriate tape or thread compound to the external pipe threads Assemble joint to appropriate thread depth. When using a wrench on valves place the wrench on the valve end into which the pipe is being threaded Damaged Threads: Do not use pipe with threads which are corroded, or damaged. If a weld opens during cutting or threading operations, that portion of pipe shall not be used Flanged Joints: Align flanges surfaces parallel. Assemble joints by sequencing bolt tightening to make initial contact of flanges and gaskets as flat and parallel as possible. Use suitable lubricants on bolt threads. Tighten bolts gradually and uniformly to appropriate torque specified by the bolt manufacturer Heat Fusion Joints: Conform to manufacturer s published instructions Copper Flare Joints: Conform to manufacturer s published instructions VALVE APPLICATIONS General: The Drawings indicate valve types, locations, and arrangements VALVE INSTALLATIONS Install valves in accessible locations, protected from physical damage. Tag valves with a metal tag attached with a metal chain indicating the piping systems supplied Install a LPG shutoff valve upstream of each gas pressure regulator. Where two gas pressure regulators are installed in series in a single gas line, a manual valve is not required at the second regulator Install pressure relief devices so they can be readily operated to determine if the valve is free; so they can be tested to determine the pressure at which they will operate; and examined for leakage when in the closed position Install gas pressure regulators with pressure relief line outlets facing down to prevent clogging from debris Provide gas pressure regulator with capacity equal to building total connected LPG load and set to an operating pressure of 11 to 14 water column. 15

16 Bid # LPG TANK Coordinate with General Contractor to provide two (2) LPG tanks of 1,000 gallons for the Owner s use ELECTRICAL BONDING AND GROUNDING Install above ground portions of gas piping systems, upstream from equipment shutoff valves electrically continuous and bonded to a grounding electrode in accordance with NFPA 70 - "National Electrical Code." Do not use gas piping as a grounding electrode Conform to NFPA 70 - "National Electrical Code," for electrical connections between wiring and electrically operated control devices FIELD QUALITY CONTROL Piping Tests: Inspect, test, and purge LPG systems in accordance with NFPA 54, and LPG supplier requirements INSTALLATION DETAIL 16

17 Bid # Installation Schedule: Upon award of the contract and receipt of the required insurance certificate, the Supplier shall be prepared to order required materials and commence work upon receipt of the materials, as directed by the City s General Contractor. 17

18 Bid # YEARLY CONTRACT: Separate contracts shall be issued to provide tank filling service and service/maintenance per a yearly contract Supplier shall provide a phone number for ordering, available Monday-Friday, 8:00 am-5:00 pm For an on-call fill contract, Supplier shall respond to a fill request within twenty four (24) hours of request For a periodical fill contract, Supplier shall top off tank on every two (2) calendar weeks For a smart fill contract, Supplier shall provide an automatic level reading and fill ordering system utilizing a remote level reader, and automatic phone ordering system For a service/maintenance contract, Supplier shall provide a breakdown of covered services and related pricing Supplier shall provide a statement of tank amount prior to filling, amount filled, price per unit, total amount due with each invoice Contract for filling shall be for one (1) year from start date with the possibility of four (4) one-year renewals Renewal Option: The City reserves the right to negotiate this contract for four (4) additional one-year renewal periods Adjustments in cost at the beginning of each renewal period will be limited to the current Federal Consumer Price Index CPI-U, All Items (Urban Consumers) rate If the Supplier requests an increase in compensation for any renewal period, the Supplier shall notify the Purchasing Agent no less than sixty (60) days prior to the end of the contract period and shall provide evidence to the satisfaction of the Purchasing Agent of increased costs incurred by the Supplier for any element of the bid for which an increase is requested The Procurement Officer shall notify the Supplier in writing of the intent to exercise the renewal option. However, failure to notify the Supplier does not waive the City s right to exercise the renewal option For prompt payment, all invoices must be either sent directly to Accounts Payable, City of Lee s Summit, MO, P.O. Box 1600, Lee s Summit, MO 64063, faxed to , or ed to ap@lees-summit.mo.us. Note to Procurement Officer, please state whether a PO will be issued, order form, construction contract, etc Damages: The Supplier shall promptly report any damage to adjacent facilities, property, streets and sidewalks as a result of PURCHASE AND INSTALLATION OF TWO (2) UNDERGROUND PROPANE TANK, and associated piping. The Supplier shall be responsible for any such repairs needed. 18

19 Bid # PRICING: Description: 15.1 Purchase and installation of two (2) 1000 gallon above ground propane tanks, at Fire Station #7 Describe tank, materials, and installation procedure. If additional space is needed, attach and Label as 15.1 Commence Work Lump Sum Bid: (after receipt of Notice to Proceed): Complete Work: $ # of days # of days 19

20 # of Gallons Price per Gallon Bid # Total Price 15.2 First fill (total price) $ $ 20

21 Bid # Price per Gallon Estimated Quantity (in gallons) Total Price 15.3 Periodical fill contract: Every two (2) weeks, Per gallon Static pricing as of August 1, 2006 (if pricing will vary, include timeline and price quote procedures) Describe procedure/process. If additional space is needed, attach and Label as 15.3 $ $ 21

22 Bid # Price per Gallon Total Price 15.4 On-call fill contract, Per gallon Static pricing as of August 1, 2006 (if pricing will vary, include timeline and price quote procedures) Describe procedure/process. If additional space is needed, attach and Label as 15.4 $ $ Price for System Installation Price per Gallon Response Time after Receipt of Notification 22

23 15.5 Fill tank on a smart fill basis, Per gallon Static pricing as of August 1, 2006 (if pricing will vary, include timeline and price quote procedures) Describe monitoring and notification system, materials, installation and operating procedure. If additional space is needed, attach and Label as 15.5 $ $ Bid # Price per Month: Annual Total 15.6 Service/Maintenance Contract: $ 23

24 Describe services covered. If additional space is needed, attach and Label as 15.6 Bid #

25 Bid # BID BREAKDOWN OWNER - CITY OF LEE'S SUMMIT, MISSOURI SUPPLIER - WORK - BID NUMBER - BID BREAKDOWN: The Bidder shall itemize below a breakdown of the Bidder's Bid into separable parts of the Work so that one hundred percent (100%) of the Base Bid is accounted for. Portions of the Work itemized shall include Work to be furnished and performed directly by the Bidder and the Subcontractors and Suppliers, as applicable. 25

26 Bid # BID PAGE NOTE TO BIDDERS: Bids will be accepted on all parts of the bid specifications or any one or more parts. The City reserves the right to reject any and all bids, to waive technical defects in bids, and to select the bid(s) deemed most advantageous to the City. The undersigned bidder hereby proposes to furnish all transportation, equipment, supplies, materials, and perform all necessary labor to complete all work stipulated in, required by, and in conformity with the proposed contract documents and specifications attached hereto; and other documents referred to therein for and in consideration of prices as follows: A. The City shall have a maximum of 120 calendar days from the date of the opening to accept bidder's offer. B. TANKS AND INSTALLTION TOTAL PRICE: LUMP SUM TOTAL $ FIRST FILL PRICE: PERIODICAL FILL PRICE: ON-CALL FILL PRICE: SMART FILL PRICE: SERVICE/MAINTENANCE: PRICE PER GALLON $ PRICE PER GALLON $ PRICE PER GALLON $ PRICE PER GALLON $ PRICE PER MONTH $ C. OTHER REQUIRED INFORMATION: C.1 Product data for each gas piping specialty and special duty valves. Include rated capacities of selected models, furnished specialties and accessories, and installation instructions. C.2 Shop drawings detailing dimensions, required clearances, for connections to regulator. C.3 Coordination drawings for gas distribution piping systems. C.4 Operating and maintenance manual, to include maintenance data for gas specialties and special duty valves. C.5 Welders' qualification certificates, certifying that welders comply with the quality requirements specified. C.6 Test reports as specified. 26

27 Bid # C.7 Specifications for pad construction (to be constructed by General Contractor): size, thickness, material, weight bearing requirement, underlayment. C.8 Description of service/maintenance agreement. D. Demand Star Vendor? Yes No 27

28 A) GENERAL CERTIFICATE OF INSURANCE INSURANCE REQUIREMENTS Bid # The Supplier shall secure and maintain, throughout the duration of this contract, insurance of such types and in at least the amounts that are required herein. Supplier shall provide certificate(s) of insurance confirming the required protection. The City shall be notified by receipt of written notice from the insurer at least thirty (30) days prior to material modification or cancellation of any policy listed on the certificate(s). NOTICE OF CLAIM The Supplier shall upon receipt of notice of any claim in connection with this contract promptly notify the City, providing full details thereof, including an estimate of the amount of loss or liability. The Supplier shall also promptly notify the City of any reduction in limits of protection afforded under any policy listed in the certificate(s) of insurance in excess of $10,000.00, whether or not such impairment came about as a result of this contract. If the City shall subsequently determine that the Supplier's aggregate limits of protection shall have been impaired or reduced to such extent that they are inadequate for the balance of the project, the Supplier shall, upon notice from the City, promptly reinstate the original limits of liability required hereunder and shall furnish evidence thereof to the City. INDUSTRY RATING The City will only accept coverage from an insurance carrier who offers proof that it: Is licensed to do business in the State of Missouri; Carries a Best's policyholder rating of "A" or better; Carries at least a Class X financial rating. SUBCONTRACTOR'S INSURANCE If any part of the contract is to be sublet, the Supplier shall either: Cover all subcontractor's in the Supplier's liability insurance policy or, Require each subcontractor not so covered to secure insurance in the minimum amounts required of the Supplier. INDEMNIFICATION The Supplier shall indemnify and hold the City harmless from any and all damage, loss or liability of any kind whatsoever arising out of this contract to the extent permitted by the Constitution and the Laws of the State of Missouri. COMMERCIAL GENERAL LIABILITY POLICY Limits: Each occurrence: $1,000,000 Personal & Advertising Injury: $1,000,000 Products/Completed Operations Aggregate: $1,000,000 General Aggregate: $1,000,000 Policy must include the following conditions: 28

29 Bid # Contractual Liability Products/Completed Operations Personal/Advertising Injury Explosion, Collapse & Underground Independent Suppliers Broad Form Property Damage Additional Insured: City of Lee's Summit, Missouri AUTOMOBILE LIABILITY Policy shall protect the Supplier against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired and/or non-owned vehicle and must include protection for either: Limits: A) Any Auto OR B) All Owned Autos; Hired Autos; and Non-Owned Autos Each Accident, Combined Single Limits, Bodily Injury and Property Damage: $1,000,000 WORKERS' COMPENSATION This insurance shall protect the Supplier against all claims under applicable state Workers' Compensation laws. The Supplier shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a Workers' Compensation law. The policy limits shall not be less than the following: Workers' Compensation: Employer's Liability: Bodily Injury by Accident: Bodily Injury by Disease: Bodily Injury by Disease: Statutory $100,000 Each Accident $500,000 Policy Limit $100,000 Each Employee 29

30 Bid # INSURANCE "B" Revised: ; rmp 30

31 TAX EXEMPT STATUS AND PROCEDURES Bid # All or certain items required for this contract are for the constructing, repairing, or remodeling facilities for an exempt entity and qualify for exemption from State and local sales and use taxes under RSMo If the Advertisement, states that all or certain items required for this contract qualify for exemption from taxes in accordance with RSMo Section , the Missouri Department of Revenue has exempted all or those certain items of the contract from State and local sales and use taxes. RSMo permits exemption for tangible personal property and materials for the purpose of constructing, repairing or remodeling facilities for the City if the purchases are related to the City's exempt functions. If any items required for this contract are exempt from taxes in accordance with RSMo Section , Bidders shall not include in their bids any sales, use or similar taxes on items that qualify for exemption under RSMo Any such taxes on items qualifying for exemption will not be accepted for payment and will be deducted from the contract price by change order if included on any application for payment, or if in any manner included as part of the documentation supporting any application for payment. The Bidder awarded the contract will be provided a Tax Exemption Certificate with their notice to proceed. The Supplier shall not use the Tax Exemption Certificate after its expiration date. The Supplier may request a renewal application form from the Finance Department, City of Lee's Summit, 207 S.W. Market, Lee's Summit, MO The Supplier shall cooperate with the City to the fullest extent required by the City purchasing procedures to allow the City to benefit from its tax exemption under RSMo Section The Supplier shall be responsible for providing copies of the Tax Exemption Certificate to all subcontractors and assuring use is in compliance with RSMo Chapter 144 and the terms of the Contract. Amendments to Bid Documents STMO (3-Pages) Revised STMO Reviewed By Legal m:\purchase\forms\construc\taxempt.doc 5/7/97 Revised: 2/6/2001 Finance & Purchasing RJP 31

32 Bid # TAX EXEMPTION CERTIFICATE FOR EXEMPT ENTITY CONSTRUCTION PROJECT Important This certificate is valid only for the specified project from the Contract Date to the Certificate Expiration Date. Supplier Complete Name and Address Name: Address: City/State/Zip: Exempt Entity Issuing Certificate City of Lee's Summit, Missouri MO Tax Exempt I.D. No SW Market Expiration Date: March 29, 2006 Lee's Summit, MO Project Identification No. : Contract Date: Certificate Expiration Date: Project Location and Brief Description: Authorized Signature: Finance Director Date: Suppliers are required to provide a copy of the project exemption certificate with the exempt entity's exemption letter. This project exemption certificate does not allow Suppliers to purchase machinery, equipment or tools, used in fulfilling this contract, tax exempt. Suppliers accepting this project exemption certificate are required to render to the Supplier invoices bearing the name of the exempt entity and the project identification number. 32

33 Bid # PERSONNEL QUALIFICATIONS Bidders are REQUIRED to provide the information below in FULL DETAIL. Indicate person who will be supervising project and years of experience with similar services as described in scope of project. Name: Years: Experience: Complete the following for employees that would be working on this project. List any previous work directly related to similar services for other municipalities or private companies in the last five years. Attach a separate sheet of paper if needed. EMPLOYEE NAMES QUALIFICATIONS EXPERIENCE/TRAINING 33

34 Bid # LIST OF SUBCONTRACTORS OWNER CITY OF LEE'S SUMMIT, MISSOURI ENGINEER: WORK: PURCHASE AND HOOKUP OF TWO (2) 1000 GALLON ABOVE GROUND PROPANE TANKS AND YEARLY CONTRACT FOR SERVICE AND MAINTENANCE BID NUMBER: To enable the City and/or Engineer to evaluate the Bidder's qualifications to perform the Work, as provided in the Instructions to Bidders, the Bidder shall nominate each Subcontractor to whom the Bidder intends to award a Sub-agreement (a) exceeding the percentage of the Bidder's Base Bid stipulated in of the Instructions to Bidders, or (b) to comply with the licensing requirements imposed by the Lee Summit's Code or the Laws of any Public Governmental Body with jurisdiction. If the Bidder intends to selfperform a classification of Work for which a specialty license or certificate is required, the Bidder shall nominate itself in the spaces provided for that purpose and furnish the Bidder's license or certificate number(s) for that classification. For each nominated Subcontractor, the Bidder shall enter, if available, the nominated Subcontractor's telephone number and required licensing information. If the Supplementary Instructions limit the percentage of the Work the Bidder can award to first tier Subcontractors, the Bidder also shall furnish the percent of the Bidder's Base Bid the Bidder anticipates awarding to each nominated Subcontractor. 2. Should the Bidder fail to nominate Subcontractors, nominate two (2) or more Subcontractors, nominate itself and one (1) or more Subcontractor(s), or fail to enter the licensing information for a designated classification, the Bidder shall clarify the omission or ambiguity within two (2) Business Days after the date of Bid opening. Failure by the Bidder to identify a nominated Subcontractor or nominate the Bidder itself may render the Bid as not conforming in all material respects with the requirements of the Bidding Documents in the Owner's sole discretion. The requirement to make a definite nomination of Subcontractors or to state that the Bidder intends to self-perform that classification, and to clarify any omissions or ambiguities in the List of Subcontractors, applies to the Apparent Low Bidder and any other Bidder wishing to remain in contention for the award. 3. The Bidder hereby agrees not to remove, replace or add a nominated Subcontractor after the period allowed in paragraph 2, except for good cause shown as determined solely by the City. 4. This listing requirement is not intended to create any express or implied duty or obligation to the Bidder or the nominated Subcontractors by the City or Engineer. 1.1 WORK TO BE SUBCONTRACTOR S LICENSE NUMBER(S) ADDRESS AND PHONE PERCENT PERFORMED NAME: NO.: BASE BID 1. OF

35 REFERENCES Bid # OWNER - CITY OF LEE'S SUMMIT, MISSOURI SUPPLIER - WORK - PURCHASE AND INSTALLATION OF TWO (2) 1000 GALLON ABOVE GROUND PROPANE TANKS AND YEARLY CONTRACT FOR SERVICE AND MAINTENANCE BID NUMBER REFERENCE Public Owner: Project/Contract Name: Location of Project: Contract Price: Project Started: Completed: Owner's Representative (Name and Telephone): REFERENCE Public Owner: Project/Contract Name: Location of Project: Contract Price: Project Started: Completed: Owner's Representative (Name and Telephone): Bidder's Representative (Name and Telephone): Bidder's Representative (Name and Telephone): Scope of Project: REFERENCE Public Owner: Project/Contract Name: Location of Project: Contract Price: Project Started: Completed: Owner's Representative (Name and Telephone): Scope of Project: REFERENCE Public Owner: Project/Contract Name: Location of Project: Contract Price: Project Started: Completed: Owner's Representative (Name and Telephone): Bidder's Representative (Name and Telephone): Bidder's Representative (Name and Telephone): Scope of Project: REVISED: Scope of Project: 35

36 Bid # SUPPLIER'S CERTIFICATION AND AFFIDAVIT I. The undersigned Supplier certifies that (1) all in-progress and completed Work has been performed and furnished in full accordance with the requirements of the Contract Documents, including any authorized changes in the Work made by Change Order or Change Authorization; (2) all in-progress and completed Work has been inspected by the undersigned and complies accurately with the Contract Documents, including any authorized changes in the Work, all approved technical Submittals and all clarifications and interpretations issued by the Engineer, (3) on personal knowledge all the Work, information and amounts stated in this Application for Payment represent true and correct statements of the status of the Work under the Contract up to and including the last day of the period covered by this Application for Payment. II. The undersigned Supplier further certifies that (1) no part of the "Payment Requested in this Application" has been received by the Supplier; (2) all previous progress payments received from the City on account of Work completed under the Contract have been applied by the Supplier to discharge in full all obligations of the Supplier incurred in connection with Work completed and stored covered by previous Applications for Payment, being Applications for Payment numbered 1 through inclusive; and (3) title to all materials and equipment incorporated in the Work or otherwise listed in or covered by this Application for Payment as not incorporated in the Work but delivered and suitable stored at the site (or at another location agreed to in writing) will pass to the City at time of payment free and clear of all liens, charges, claims, security interests and encumbrances (except such as covered by Bond acceptable to the City). Dated:, 20, By: (The Supplier) STATE OF MISSOURI ) COUNTY OF ) ) SS VERIFICATION Before me on this day of, 20, personally appeared to me well known to be the person described in and who signed this Application for Payment, who being by me first duly sworn upon oath, deposes and says that he/she is the and attorney-in-fact for the referenced Supplier; and that all of the statements contained in this Application for Payment are true, complete, current and accurate as of the above date. Notary Public My commission expires: 36

37 Bid # CERTIFIED PAYROLL FORM Date: I,, do hereby state: (name of undersigned) (title) (1) That I pay or supervise the payment of the persons employed by on the ; (Project or Work) that during the payroll period commencing on the day of,, all persons employed on the Project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of (insert name of Supplier or SubSupplier) from the full weekly wages earned by any person and that no deductions have been make either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948; 63 Stat. 108; 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c) and described below: (2) That any payrolls otherwise under this Contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in the State s Prevailing Wage Determination No., dated, and General Wage Decision dated,, incorporated into the Contract; that the classifications set forth therein for each laborer or mechanic conform with the Work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (a) (b) (c) (4) That: WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the Contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4(c) below. WHERE FRINGE BENEFITS ARE PAID IN CASH Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in Section 4(c) below. EXCEPTIONS EXCEPTION EXPLANATION REMARKS Name and Title Signature The willful falsification of any of the above statements may subject the Supplier or the Subcontractor to civil or criminal prosecution. See Section 1001 of the Title 18 and Section 231 of Title 31 of the United States Code. 37

38 Bid #

39 Bid # Payroll No. NON-PERFORMANCE PAYROLL Name of Supplier or subcontractor: Address: I do hereby state that no employee of my company was on the construction of project: located at Lee s Summit, MO during the payroll period commencing of the day of, 2003, and ending on the day of, Date Signature of Authorized Person Title 39

40 GENERAL TERMS AND CONDITIONS Bid # SCOPE The work shall consist of the furnishing of all transportation, labor, equipment, materials, and other services necessary for the completion of the described work. (See detailed specifications). 2. DEFINITIONS (A) "Owner" shall refer to: CITY OF LEE'S SUMMIT JACKSON COUNTY, MISSOURI who are the owners of the property, and their authorized representatives. (B) "Supplier" shall refer to the corporation, company, partnership, firm, or individual, named and designed in the contract agreement and who has entered into this contract for the performance of the work covered thereby, and its, his or their duly authorized agents or other legal representatives. 3. PREPARATION OF BIDS (A) (B) (C) (D) (E) (F) (G) (H) (I) Bidders are expected to examine the site drawings, specifications, schedule and all instructions. Failure to do so will be at the bidder's risk. Each bidder shall furnish the information required by the invitation. The bidder shall sign the invitation and print or type his name on each bid sheet thereof on which he makes an entry. Erasures or other changes must be initialed by the person signing the offer. Bids signed by an agent are to be accompanied by evidence of his authority unless such evidence has been previously furnished to the Purchasing Division. The lump sum bid shall be broken down into units and such price shall include all work specified. Alternate bids for supplies or services other than those specified will not be considered unless otherwise specified in the invitation. Bidder must state a definite time for delivery of supplies or for performance of services unless otherwise specified in the invitation. Time, if stated as a number of days, will include Saturdays, Sundays, and Holidays. If an item has a trade name, brand and/or catalog number, such must be stated in the bid. Prices quoted are to be firm and final. Only those Bids will be considered which are submitted by Bidders who submit with their Bid an Experience Statement, listing projects and showing satisfactory completion of work of type and size comparable to the work required by these Contract Documents. A list of comparable projects, including pertinent information and identification of the owners, shall be submitted with the Bid. Similar Experience Statements shall be included for any Sub- Suppliers named in the Bid. 4. EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the invitation, 40

41 Bid # drawings, specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bids. Oral explanation or instructions given before the award of the contract will not be binding. Any information given to a prospective bidder concerning an invitation will be furnished to all prospective bidders as an addendum to the invitation, if such information is necessary to bidders in submitting bids on the invitation or if the lack of such information would be prejudicial to uninformed bidders. 5. ACKNOWLEDGEMENT OF ADDENDA TO INVITATIONS Receipt of an addendum to an invitation by a bidder must be acknowledged (a) by signing and returning the addendum, or (B) by letter or telegram. Such acknowledgment must be received prior to the hour and date specified for receipt of bids, or returned with the Bid and received prior to closing time and date. 6. SUBMISSION OF BIDS (A) (B) (C) (D) (E) Bids and modifications thereof shall be enclosed in sealed envelopes and addressed to City of Lee's Summit, Division of Purchasing and Contract Services, 207 S.W. Market Street, Lee's Summit, Missouri The bidder shall show the hour and date specified in the invitation for receipt, the invitation number and the name and address of the bidder on the face of the envelope. Telegraphic bids will not be considered unless authorized by the invitation; however, bids may be modified by telegraphic notice, provided such notice is received prior to the hour and date specified for receipt. (See paragraph 7). Samples of items when required, must be submitted within the time specified and unless otherwise specified by the City, at no expense to the City. If not consumed by testing, samples will be returned at bidder's request and expense, unless otherwise specified by the invitation. Bids will be publicly opened and read aloud as stipulated in the "Invitation to Bid." Submission of a bid constitutes an assignment by you of any and all anti-trust claims that you may have under the Federal and/or State Laws resulting from this Contract. 7. MODIFICATION OR WITHDRAWAL OF BIDS Bids may be modified or withdrawn by written or telegraphic notice received prior to the exact hour and date specified for the receipt of bids, provided the City is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to closing time. The telegraph communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the City until the sealed bid is opened. A bid also may be withdrawn in person by a bidder or his authorized representative, provided his identity is made known and he signs a receipt for the invitation, but only if the withdrawal is made prior to the exact hour and date set for receipt of bids. Telephone requests to withdraw a bid will be considered only if confirmed by letter or telegram. 8. LATE BIDS AND MODIFICATIONS It is the responsibility of the bidder to deliver his bid or bid modifications on or before the date and time of the bid closing. Bids received after the date and time indicated for receipt will not be considered. 41

42 9. REFUND OF DEPOSIT ON BID DOCUMENTS Bid # Deposits on Bid Documents and Contract Drawings will be refunded to all prospective bidders, subsuppliers, suppliers and manufacturers who return the documents in good condition to owner before the date set for opening Bids or within ten days thereafter, unless otherwise specified in the Invitation to Bid. 10. BONDS. Bonds not required. A. BID DEPOSITS (BONDS) Bid Deposit Not Required Bid Deposit Required as stipulated in the "Invitation to Bid". Note the following: Bid Deposit. The Bidder will furnish a bid deposit in the form of a bond, certified check, cash or money order in the amount of 5% of Total Base Bid made payable to the City of Lee's Summit, Jackson County, Missouri, for the measure of liquidated damages which the City will sustain and the proceeds thereof will become the property of the City if for any reason the bidder: A Bid Bond form has been provided in the Bid Document and should be utilized when submitting this bid. (Personal or company checks will not be accepted). (a) (b) Withdraws his bid after the opening of the Bids and prior to the time a formal written Agreement evidencing the contract has been signed and delivered to the City whether or not the bidder at the time of such withdrawal has been designated as the successful bidder, or Upon written notification of the award of contract to him, he fails to properly sign and deliver to the City within 10 days Labor and Materials and Performance Bonds, if required; Certificate of Insurance, and the written Agreement, formally evidencing the terms of the Invitation for Bids and his bid as submitted. The bidder further agrees the City will have the right to retain the bid deposit for a period of one hundred twenty (120) days from the date of opening of the bids. The bidder does further guarantee the amount of the bid deposit set down herein before, to be firm for the above--named period. At the expiration of said time, or earlier at the option of the City, said bid deposit will be returned to the bidder unless said bid deposit has become the property of the City as liquidation damages for one of the reasons stipulated. B. PERFORMANCE BONDS AND LABOR AND MATERIAL PAYMENT BOND Performance Bond Not Required Performance Bond and Labor and Material Payment Bond Required "Invitation to Bid". Note the following: as stipulated in the (a) Coincident with the execution of the Agreement, Supplier shall furnish to Owner a Contract Performance Bond and Labor and Material Payment Bond drawn upon the forms included in the Contract Documents. (b) Date of bonds shall be the same as the date of City's signature on the Agreement. 42

43 Bid # (c) (d) (e) The Performance Bond and Labor and Material Bond shall be in an amount equal to the full Contract Price, guaranteeing the payment of all bills and obligations arising from the performance of the Contract, and otherwise conditioned as required by Law. The bonds shall be automatically increased in amount and extended in time without formal and separate amendments to cover full and faithful performance of the Contract in the event of Change Orders regardless of the amount of time or money involved. It shall be Supplier's responsibility to notify his surety of any changes affecting the general scope of the work or change in the Contract price. At any time during the performance of the Contract that the surety on any bond becomes unacceptable to Owner, owner shall have the right to require additional and sufficient sureties which Supplier shall furnish to the satisfaction of Owner within ten (10) days after notice to do so. 11. LABOR-RELATED REGULATIONS The Bidder's attention is specifically directed to the special rules, regulations, and stipulations pertaining to labor listed below which may be a part of the Bid as stipulated in the "Invitation to Bid". (A) Prevailing Wage Determinations - State of Missouri, Prevailing Wage Order #13, dated June 29, (B) Wage Rate Determination - Federal If required by the "Invitation to Bid" The Bid, Agreement and Bonds shall be conditioned upon compliance with all provisions of the Contract Documents including these rules, regulations, and stipulations. 12. PERMITS AND LAWS (A) (B) Satisfy and comply with all current and applicable local codes, ordinances and licensing requirements. The Supplier is responsible for obtaining all necessary licenses and permits required by law in order to accomplish the work. Satisfactory evidence that all licenses and permits have been obtained must be submitted to the City of Lee's Summit prior to starting work. 13. COORDINATION OF THE WORK The Supplier shall be responsible for the proper execution of all work and for the coordination of the operations of all trades, subcontractors, and supplies engaged under the Contract. He shall be prepared to provide each of his subcontractors the locations, measurement, and information they may require for the performance of their work. SUB-CONTRACTS (A) The Supplier shall not execute an agreement with any sub-contractor to perform any work until he has written the City of Lee's Summit to determine any disapproval of the use of such sub-contractor. 43

44 (B) (C) (D) Bid # The Supplier shall be fully responsible to the Owner for the acts and omissions of his sub- Suppliers, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Supplier shall cause appropriate provisions to be inserted in all sub-contracts relative to the work to require compliance by each sub-contractor with the applicable provisions of the GENERAL CONDITIONS. Nothing contained in these Conditions shall create any contractual relationship between any sub-contractor and the Owner. 14. SURPLUS MATERIALS The job site shall be kept clean and free of surplus materials, rubbish and debris at all times. All surplus materials delivered to the job site and all materials, fixtures, and equipment removed and not reused shall remain or become the property of the Supplier and its sub-contractors, and shall be removed from the job site promptly after completion, as well as all rubbish and debris resulting from their respective operations at the Supplier's expense. 15. GENERAL GUARANTY AND WARRANTY The Supplier warrants that all materials, fixtures, and equipment furnished by the Supplier and his sub-contractors shall be new, of good quality, and of good title, and that the work will be done in a neat and workmanlike manner. The Supplier also guarantees the workmanship and materials for a period of one year from the date of final acceptance of all the work required by the Contract. Furthermore, he shall furnish the Owner with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the Contract. 16. CHANGES IN THE WORK (A) (B) The Supplier shall not make changes in the work required to be performed by omitting work, by adding work, or by changing materials, fixtures or services form those specified without the prior written consent of the Project Coordinator and the City of Lee's Summit, Purchasing Division. Any authorized changes will not relieve or release the Supplier from any of these obligations under the Contract. All work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Except for the purpose of affording protection against any emergency endangering life and/or property, the Supplier shall not make any changes in the Contract. Each change order shall include in its final form, a detailed description of the change in the work, the Supplier's proposal for the change in price and/or time, and the statement that all work involved in the change shall be performed in accordance with Contract requirements except as modified by the change order. Change orders shall be approved by the Project Coordinator. 17. APPROVAL OF MATERIALS The Supplier shall provide the Purchasing Agent and Project Coordinator with sufficient information or samples of materials where noted in technical specifications for approval. 18. ACCIDENT PREVENTION (A) The Supplier shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the 44

45 Bid # site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Supplier shall take or cause to be taken such additional safety and health measures as the Owner may determine to be reasonably necessary. All materials, parts, supplies and services rendered under the technical specifications must comply with standards of the Williams Steiger Occupational Safety and Health Act. In consideration of the price paid herein, Supplier agrees to indemnify Owner for any penalties imposed by the Act arising out of misfeasance or malfunction of items or services purchased. (B) The Supplier shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Supplier shall promptly furnish the Owner with reports concerning these matters. 19. REGULATIONS PURSUANT TO SO-CALLED "ANTI-KICKBACK ACT" The Supplier shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 862; Title 18 U.S.C., Section 874; and title 40 U.S.C.; Section 276c), and any amendments or modifications thereof; shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all sub-contractors subject thereto, and shall be responsible for the submission of statements required of sub-suppliers thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. 20. EQUAL EMPLOYMENT OPPORTUNITY All bidders awarded contracts in excess of $10,000 shall comply with Executive Order No , entitled "Equal Employment Opportunity", as amended by Executive Order No , and as supplemented in Department of Labor Regulations (4) CFR, Part DOMESTIC PRODUCTS The City of Lee s Summit has adopted a formal written policy to encourage the purchase of products manufactured or produced in the United States. (City of Lee s Summit Resolution No , MO. State Statute No , Section 3, (5). 22. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS No member of, or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Contract or to any benefit to arise from the same; provided, that the foregoing provision of this Section shall not be construed to extend to this Contract if made with a corporation for its general benefit. 23. WORK HOUR AND SAFETY STANDARD ACT All bidders awarded contracts in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C ) as supplemented by Department of Labor Regulations (29CFR, Part 5). Under Section 103 of the Act, each Supplier shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in 45

46 Bid # excess of eight (8) hours in any calendar day or forty (40) hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies, or materials, or articles ordinarily available on the open market, or contracts for transportation of transmission of intelligence. 24. PATENTS Supplier agrees to defend, protect and save the City harmless from any claims and actions out of patent infringements. 25. AWARD OF CONTRACT (A) BASIS OF AWARD 1. Only firm Bids will be considered that are deemed to be in the best interest of the City of Lee s Summit, Mo. 2. Bidders may be requested to submit financial statements subsequent to the Bid opening. Such statements shall be submitted to Owner within three (3) days after being so requested. 3. The award of the Contract, if it is awarded, will be to the lowest responsible Bidder whose qualifications indicate the award will be in the best interest of the Owner and whose Bid complies with all prescribed requirements. 4. Owner reserves the right to reject any and all Bids and waive any and all informalities, and the right to disregard all non-confirming or conditional Bids or counter-proposals. (B) EVALUATION OF BIDS 1. The evaluation of Bids will include consideration of prior experience, references, financial statements, if requested, sub-contractors, suppliers, and manufacturers to be used in the work and manufacturers' data on the materials and equipment to be incorporated. 2. Time is of the essence of the Contract for new construction. The completion date will be considered in Contract Award. Response time may be a factor on maintenance contracts. 3. Whenever the name of a manufacturer is mentioned on the face hereof and the words "or equal" do not follow, it shall be deemed that the words "or equal" shall follow such designations unless the face hereof specifies "no substitutions". The City may assume that items bid are equal or it may request samples and proof thereof unless approved before shipment. City reserves the right to return at bidder's expense all items that are not acceptable as equals, said items to be replaced by bidder with satisfactory items at the original price. 4. If the Supplier proposed to furnish an item of a different manufacturer or vendor than that mentioned on the face hereof, bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form, it 46

47 will be deemed that the article furnished is that designated. Bid # The City will not be responsible for articles or services furnished without a purchase order and /or contract. 6. Risk of loss or damage to the goods prior to the time of their receipt and acceptance by the City is upon the Supplier. 7. By virtue of statutory authority, the Purchasing Agent shall give preference to all commodities manufactured, mined, produced, or grown within the State of Missouri and to all firms, corporations or individuals, when quality is equal or better and the delivered price is the same or less. 8. Except in circumstances leading to a determination obviously in error or inconsistent with the Bidding Documents, discrepancies or non-conformance on the Bid Form or Bid Form Attachments shall be resolved as follows: (a) between words and figures, the written words are binding on the Bidder; (b) between any sum, computed by the Bidder, and the correct sum, the correct sum is binding on the Bidder; (c) between the product, computed by the Bidder, of any quantity and bid unit price and the correct product of the unit price by the quantity of Unit Price Work, the unit price bid and correct product is binding on the Bidder; (d) between a stipulated allowance and the amount printed or typed, the allowance is binding on the Bidder; (e) if a Bidder fails or neglects to bid a unit price for an item of Unit Price Work but shows a "Bid Price" for that item (or fails or neglects to show a "Bid Price" for such an item but bids a unit price), the missing unit price (or "Bid Price") will be computed from the respective quantity and the Bid Price shown (or unit price bid); and (f) if a Bidder fails or neglects to enter a Bid price in both words and figures, the Bid price printed or typed, whether in words or figures will be binding on the Bidder. (C) NOTICE OF AWARD: After considering the basis of award and evaluation of Bids, Owner will, after the approval of the City Council, notify the successful Bidder of acceptance of his Bid. (D) EXECUTION OF AGREEMENT: (CONTRACT) 26. FUND ALLOCATION 1. Owner will furnish three (3) copies of the Bid Documents to the successful bidder who shall prepare three (3)counterpart copies, each containing an exact copy of the Bid Form as submitted, required insurance as evidenced by a Certificate of Insurance, Surety Bonds properly executed, and Contract signed and dated. 2. The prepared counterpart copies shall be delivered to the Owner within (10) days after the date of the Notice of Award. 3. Owner will sign the Contract, insert the date of his signature at the beginning of the Contract, and return one copy to the Supplier within five (5) days after receiving the counterpart copies. Continuance of any resulting Agreement, Contract or issuance of Purchase Orders is contingent upon the available funding and allocation of City funds for budget. 27. DEBARMENT 47

48 Bid # By submission of its response, the Supplier certifies that neither it nor its principals is presently debarred or suspended by any Federal Department or agency, including listing in the U.S. General Services Administrations List of Parties Excluded from Federal Procurement or Non-Procurement programs; or if the amount of this response is equal to in excess of $100,000, that neither it nor its principals nor its subcontractors receiving sub-awards equal to or in excess of $100,000 is presently disbarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by an Federal department, agency or provision of law. If the Supplier is unable to certify any of the statements in this certification, the responder must attach an explanation to its response. 28. TIMING (SEE PARAGRAPH 25, B-2) (A) (B) (C) Time to Commence Work: Upon receipt of Contract Documents fully executed by Owner and a Notice to Proceed, Supplier shall immediately proceed with the work. however, he shall not move onto the site until all required copies of insurance policies and certificates have been accepted by Owner. Time Starts To Run: The Contract Time shall start to run as directed by the City s appointed representative. Time of Contract: Time is of the essence of the Contract. The work shall be prosecuted diligently at such rate of progress as will insure full completion thereof within the Contract Time. If Supplier shall neglect, refuse or fail to complete the work within the time set forth above, or any proper extension thereof granted by Owner, Supplier shall pay to Owner Fifty Dollars, ($50.00), for each and every day he is in default. Because of the difficulty in determining the actual damages to be sustained by Owner in the event of such breach of the Contract, all amounts paid as provided herein shall be considered as and for Owner's liquidated damages and not as a penalty, and Owner shall have the right to deduct the amount of such liquidated damages from payments otherwise due to Supplier or to sue for and recover same. (D) Excusable Delays: The Supplier shall not be charged damages for any delays in the completion of the work that the Supplier is required to perform under the terms and conditions of this Contract for the following reasons: 1. To any acts of the Governments, including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other national emergency. 2. To any acts of the Owner. 3. To causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Supplier, including but not restricted to, acts of God or of the public enemy, acts of another Supplier in the performance of some other Supplier with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes weather of unusual severity, such as hurricanes, tornadoes, cyclones, and other extreme weather conditions. 4. To any delay of any sub-contractor occasioned by any of the causes specified in sub-paragraphs 1, 2 and 3 above; provided, however, that the Supplier promptly (within 10 days) notifies the Owner, in writing, of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this Contract, the Owner shall extend the Contract time by a period commensurate with the period of excusable delay to the completion of the work as a whole. 29. ASSIGNMENTS: 48

49 Bid # Neither Owner nor Supplier shall, without the prior written consent of the other, assign in whole or in part his interest under any of the Contract Documents and, specifically the Supplier shall not assign any monies due or to become due without the prior written consent of the Owner. 30. PAYMENTS: (A) (B) Lump Sum Payments: 1. After the final inspection and acceptance of all work under the Contract, by the Owner, including clean-up, the Supplier shall prepare his statement for final payment and submit it together with certified copies of payrolls (in compliance with the Prevailing Wage Law documents), to the Owner for approval. When the required warranties and the release of liens have been executed by the Supplier, the final payment will be made which will include any amounts remaining due under the Contract. (Allow a full thirty (30) days after approval of the City, unless otherwise specified in bid/contract documents). The Supplier will be paid the contract price in one lump sum amount after the work is satisfactorily completed unless progress payments are approved prior to Contract award. Progress payments, if applicable, will be made as follows: Engineers Pay Estimates: Do not apply to this project. 1. The Engineer's pay estimate, in consequence of any Supplier's application for payment, will constitute a representation by him to Owner, based on Engineer's observations of the work in progress and on his review of the application for payment and supporting data, that the work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning project upon substantial completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his Pay estimate); and the Supplier is entitled to payment of the amount shown in the Engineer's Pay Estimate. 2. Engineer shall not be deemed by his rendering of any Pay Estimate to have represented that he made exhaustive or continuous inspections to check the quality or the quantity of the work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he has made any examination to ascertain how or for what purpose Supplier has used the monies paid or to be paid to him on account of the Contract price. 3. Engineer may refuse to render an Engineer's Pay Estimate for the whole or any apart of any payment if, in his opinion, he is unable to make the above representations to Owner. He may also refuse to render any Engineer's pay Estimate, or because of subsequently discovered evidence or the results of subsequent inspections or test, nullify any such previous Engineer's pay Estimate to such extent as may be necessary in his opinion to protect Owner from loss because of any reason set forth in General Conditions. 4. Until final completion and acceptance of the work, or a designated part of the work on which separate final acceptance and Contract Price are specified, payments will be made in an amount equal to 90% of work completed (i.e. 10% retainage), less the aggregate for payments previously made and less such deductions as the Engineer may recommend or the City determines to be appropriate. 31. SUPPLIER'S AFFIDAVIT, CERTIFICATE AND RELEASE 49

50 Bid # Prior to final payment and as a condition thereto, the Supplier shall execute an affidavit, certificate and release. This affidavit, certificate and release will set forth the undisputed balance due the Supplier under the Contract, a listing for amounts of outstanding and unsettled items which the Supplier claims are due and owing by the Owner to the Supplier; a certification that the work under the Contract and Change Orders has been performed in accordance with the terms, thereof, and that there are no unpaid claims for materials, supplies or equipment and no claims of laborers or mechanics for unpaid wages arising out of the performance of the contract, a statement that except or the amounts enumerated, the Supplier releases the Owner from any and all claims arising under or by virtue of the Contract. A duplicate of the certificate shall be issued to the City and affidavit that the Supplier has complied with provisions of the Prevailing Wage Law, RSMo TERMINATION OF CONTRACT This Contract may be terminated by either party with or without cause upon notice of 30 days written to the other party. In the event of such termination, due to default by the Supplier, the Supplier shall be liable for any excess costs incurred by the City. If the Contract is so terminated, the City may purchase such supplies or services similar to those so terminated, and the Supplier will be liable for excess costs occasioned thereby. 33. CONFLICTS: No salaried officer or employee of the City and no member of the City Council shall have a financial interest, direct or indirect, in this contract. A violation of this provision renders the contract void. Federal conflict of interest regulations and applicable provisions of Sections shall not be violated. Supplier covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract. The Supplier further covenants that in the performance of this contract no person having such interest shall be employed. 34. EXCESSIVE UNEMPLOYMENT LAW: The Supplier hereby agrees to comply with the provisions of Section , et seq., of the Revised Statutes of Missouri (hereinafter the Excessive Unemployment Law and incorporated herein by reference), when there is a period of excessive unemployment (as that term is defined under the Excessive Unemployment Law.) This requirement includes, without limitation, the obligation to use only Missouri Laborers and laborers from non restrictive states (as those terms are defined under the Excessive Unemployment Law) in constructing or building any public works project or improvement, except as may otherwise be allowed under the Excessive Unemployment Law. 50

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