Call_for_Bids_Event_4127.pdf

Finance and Property Services – Procurement 505 Fourth Avenue South, Room 310, Minneapolis, MN 55415 Tel. 612.673.2500 www.minneapolismn.gov

CALL FOR BIDS

Event No: 0000004127 BID FOR: Pipe Bursting & HDPE Pipe Installation

The City of Minneapolis is issuing this Call for Bids for prospective suppliers to provide all materials, labor, equipment and incidentals necessary for Pipe Bursting & HDPE Pipe Installation for Public Works-Sanitary Sewer, all in accordance with the provided specifications, event line items and all documents requested herein.

Bid Close Date / Time 04/28/2026 at 12:00 PM Local Time

For additional information or questions, contact the buyer. All questions must be submitted in writing.

Kimberly K Wilson kimberly.wilson@minneapolismn.gov

Questions due by: 12:00 PM on 04/17/2026 Addendum (if any) will be posted by:

04/21/2026

Pre-Bid Meeting: No pre-bid meeting will be held.

Employment Goals:

Prevailing Wage (Yes/No):

None

Yes

Basis of Award: A single contract will be awarded to the (overall) low, responsive, responsible bidder meeting all specifications.

Substantial Project Completion: Determined upon award Submit Bids to: City of Minneapolis -- Procurement eSupplier Portal

Event # 0000004127

A contractor responding to this solicitation document swears that they are in compliance with the minimum criteria in Minnesota Statutes, section 16C.285, subdivision 3, and shall upon request submit to the city a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria.

The City reserves the right to waive irregularities and clerical errors.

eSupplier Portal -- Electronic Bid Submission: All bids must be submitted electronically through the eSupplier Portal. Bidding documents and required forms are located on the eSupplier Portal - Contracting Opportunities - Event Name - View Bid Package. The City of Minneapolis is not responsible for information posted on any third-party websites or plan rooms.

If you are already a City Supplier, you should have received an email containing your eSupplier User ID and Password. If you do not remember your password, click on the "Forgot Password" tile to in eSupplier, enter your User ID and a new password will be emailed to you. If you are not already a city supplier, click on the eSupplier link above and then click on the "Bidder Registration" tile to register. If you need further assistance with eSupplier, please send an email to eprocurement@minneapolismn.gov https://comet-fs.ci.minneapolis.mn.us/psc/supplier/SUPPLIER/ERP/c/NUI_FRAMEWORK.PT_LANDINGPAGE.GBL https://comet-fs.ci.minneapolis.mn.us/psc/supplier/SUPPLIER/ERP/c/NUI_FRAMEWORK.PT_LANDINGPAGE.GBL mailto:eprocurement@minneapolismn.gov

Addenda Bidder is responsible for the review and acknowledgement of any addenda prior to submitting a bid.

Sales Tax Effective January 1, 2014, State of Minnesota requires vendors to obtain an ST-3 exemption certificate to substantiate a full (State & Local) sales tax exemption on sales to Minnesota cities, counties, and townships.

The City's ST-3 form can be found on the Certificate of Tax Exemption page of the City of Minneapolis website.

If a lump sum bid for materials and/or equipment includes labor and all incidentals, the bidder is responsible for all applicable sales tax on taxable items required in the performance of the bid and should be included in the total amount of the bid.

Visit the MN Department of Revenue website, Sales Tax Fact Sheet 176, for tax updates for Local Governments -- Cities, Counties and Townships - https://www.revenue.state.mn.us/guide/purchases https://www.minneapolismn.gov/business-services/doing-business-with-the-city/invoice-payment/certificate-tax-exemption/ https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.revenue.state.mn.us%2Fguide%2Fpurchases&data=02%7C01%7Caksana.belik%40minneapolismn.gov%7Caf13472f84b24458c7e408d7f841f67a%7C0bfb3f5ae8ea4d54b0212b2f910c715f%7C0%7C0%7C637250834493862962&sdata=6871hSCB0ncLnaLysoOJ21ImKRvdAH2yFT18E0T3W8s%3D&reserved=0

CITY OF MINNEAPOLIS - TERMS OF PURCHASE

(Revised as of December 2025)

1. Definitions: "Purchaser" means the City of Minneapolis and its several departments and boards. "Seller" means the person or entity from whom the merchandise has been ordered or by whom any work is to be performed. "Work" means the provision of goods or services ordered under this Purchase Order ("PO"), including furnishing necessary parts, materials, machinery, tools, and equipment.

2. Applicable Law: Minnesota law shall govern this PO, and Hennepin County, Minnesota is the appropriate venue and jurisdiction for any litigation which may arise hereunder, regardless of Seller's place of business, residence or incorporation.

3. Assignment; Waiver: Seller may not assign this PO without Purchaser's prior written consent. No waiver of a breach of any provision of this PO shall constitute a waiver of any other breach of such provision or of any other provision.

4. Conflict of Interest: Purchaser and Seller are required to comply with the City's Code of Ethics. See Mpls. Ord.

§15.250. Seller certifies that, to the best of its knowledge, neither Seller, Purchaser, nor their employees or agents are in violation of this Code.

5. Contract Terms: Seller's copy of the PO and/or executed contract is the only form Purchaser will recognize as authority for charging Work to its account, supersedes all previous communications, and constitutes the parties' entire agreement. No terms stated by Seller in accepting or acknowledging the PO are binding unless accepted in writing by Purchaser. Commencement of performance of the Work by Seller in the absence of Purchaser's agreement to Seller's proposed terms constitutes Seller's acceptance of this PO's terms. If this PO is issued under a contract with Purchaser, the contract's terms and conditions will prevail over the PO terms and conditions.

6. Contract Security: If required by specifications, a bond must be filed in the full amount of the contract for the use of Purchaser, and of all persons doing work or furnishing or engaging skill, tools, machinery, materials, insurance premiums, equipment or supplies, under or for the purpose of this contract pursuant to Minn. Stat. § 574.26, for the strict and faithful performance of contract by the Seller or its employees or agent. The form, content and execution of said bond must be approved by the City Attorney's Office.

7. Counterparts and Electronic Signatures: POs may be executed in counterparts, each of which has the effect of an original. An electronic signature will be deemed an original signature.

8. Data Practices: Seller agrees to comply with the Minnesota Government Data Practices Act (Minn. Stat. ch.

13) and all other applicable state and federal laws relating to data privacy or confidentiality. Seller agrees to hold Purchaser, its officers, and employees harmless from any claims resulting from Seller's unlawful disclosure or use of data protected under state and federal laws.

9. Discrimination Compliance: Seller agrees that during the life of this contract it will not discriminate against any employee or applicant for employment or do any other act which is prohibited by, or fail to comply with the provisions of, all applicable federal, state and local laws and regulations pertaining to discrimination. Seller agrees that it will include a provision similar to the preceding sentence in all subcontracts entered into for the performance of the Work. Seller hereby agrees that this contract may be cancelled or terminated by Purchaser and all money due or to become due hereunder may be forfeited for violation of the above statutes and ordinances or this paragraph.

10. General Compliance: Seller agrees to comply with all applicable Federal, State, and local laws and regulations affecting this PO or governing funds provided under the PO, which may include, but is not limited to, registering with the Minnesota Secretary of State's Office in order to do business with the City.

11. Indemnification: Seller agrees to defend, indemnify, and hold Purchaser harmless from any expenses, damages, or claims arising from the performance under this PO by the Seller, its subcontractors, or their agents or employees.

12. Inspection: All Work is subject to Purchaser's inspection within a reasonable time after performance or delivery. If upon inspection any Work is found to be unsatisfactory, defective, or of inferior quality or workmanship, or fails to meet the specifications or any other requirements of the PO, Purchaser may return such merchandise to Seller at Seller's expense or require the Work to be remediated or reperformed. Payment for Work prior to inspection shall not be construed to be an acceptance of unsatisfactory or defective Work.

Upon the return of any unsatisfactory or defective merchandise, Seller shall reimburse Purchaser for (a) any amounts paid by Purchaser on account of the purchase price of such returned merchandise and (b) any costs incurred by Purchaser in connection with the delivery or return of such merchandise.

13. Insurance: Seller must provide to Purchaser evidence of insurance in compliance with any applicable specifications. Absent such specifications, and when the PO includes labor or services, Seller must provide to Purchaser evidence of the following policies: 1) Commercial General Liability ("CGL"): $1,000,000 per occurrence for bodily injury and property damage, including premises/operations and products/completed operations coverage; 2) Auto Liability: $1,000,000 combined single limit for bodily injury and property damage (or CGL Non-Owned Auto Liability coverage); and 3) Workers' Compensation as required by law.

Waiver of Subrogation in favor of Purchaser should be included.

14. Intellectual Property: Seller warrants that the Work will not infringe upon any patents, copyrights or trademarks in the United States or foreign countries. Seller shall indemnify Purchaser against any loss or damage (including reasonable attorney's fees) arising from breach of this warranty.

15. Invoice: Invoices must be emailed or mailed to the "bill to" address shown in the PO. Invoices must show the name of the city division for which the Work was performed and the PO number. If any sales, use, duty, excise or other similar tax or charge, for which Purchaser has not furnished or agreed to furnish an exemption certificate, is applicable to order, it must be stated separately on the invoice. Seller is responsible for tracking and submitting to Purchaser all information necessary to determine amounts owed under this PO, including quantities, hours, etc.

16. Living Wage Ordinance: Seller may be required to comply with the "Minneapolis Living Wage and Responsible Public Spending Ordinance" Chapter 38 of the City's Code of Ordinances (the "Ordinance") Unless otherwise exempt from the ordinance as provided in Section 38.40(c), any City contract for services valued at $100,000 or more or any City financial assistance or subsidy valued at $100,000 or more will be subject to the Ordinance's requirement that the Seller and its sub-contractors pay their employees a "living wage" as defined and provided for in the Ordinance. If subject to this Ordinance, the Seller may not subdivide or assign portions of this PO, pay an employee through a third party, or treat an employee as a subcontractor or independent contractor to avoid payment of a "living wage" or to avoid compliance with Chapter 38 of the City's Code of Ordinances.

17. Ownership of Work: All reports, data, materials, information, and other work products prepared and developed in connection with the Work: (a) shall become the property of Purchaser; (b) shall not be the subject of an application for copyright by or on behalf of Seller, its subcontractors, their agents or employees;

and (c) shall not be made available to any person without the prior written approval of Purchaser.

18. Prevailing Wage: If this PO is for constructions, alteration and/or repair, including painting, decorating, sodding and landscaping of public buildings, or similar public works of the city and which requires or involves the employment of mechanics and/or laborers, then compliance with the City of Minneapolis Prevailing Wage Ordinance, sections 24.200 through 24.265 of the Minneapolis Code of Ordinances, is required as a material term of this PO and all such provisions are expressly incorporated by reference herein. All federal labor standards and prevailing wage provisions applicable to federal contracts in accordance with the federal Davis- Bacon Act and related federal regulations except as noted in section 24.240 of this ordinance are applicable to this contract as if fully set forth herein and all contractors and subcontractors shall fully comply with such provisions regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and his employees. That in the event it is found by the City that any laborer, mechanic or employee employed by the Seller or any subcontractor or independent contractor directly on the site of the work covered by the contract has been, or is being paid, a rate of wages and fringe benefits or their cash equivalent less than rates required by this article and by the contract, and if the violation remains uncured within thirty (30) days after written notice, then the department of civil rights may direct the finance officer to withhold contract payment or amounts owed to the Seller on the current contract or on other contracts between the city and contractor to the extent of underpayment of required wages and require the contractor to pay a fee equal to five (5) percent of the entire contract price to the city as liquidated damages, and may place the contractor on a suspended or debarment list and, by written notice to the contractor, terminate his/her right to proceed with the work or such part of the work as to which there has been a failure to pay said required wages and to prosecute the work to completion by contract or otherwise, and the contractor and his/her sureties shall be liable to the city for damages sustained thereby.

19. Prior Uncured Defaults: Pursuant to City Code of Ordinances, Section 18.110, the City may not contract with persons or entities that have defaulted under a previous contract or agreement with the City and have failed to cure the default.

20. Products containing PFAS: Amara's Law (Minn. Stat. §116.943) took effect in Minnesota on January 1, 2025, and applies all products sold or distributed under the Contract. The law prohibits the sale or distribution of some products with intentionally added PFAS within Minnesota.

21. Quantity: The quantity of any merchandise delivered shall not be greater than the amount specified unless an additional amount is first ordered by Purchaser on its "Purchase Order Change" form. Purchaser may return quantities in excess of amounts specified to Seller at Seller's expense.

22. Record-keeping; Audit: Seller agrees to keep and maintain during the performance of the Work and for a period of six years following, records and files relating to the final financial aspects of this purchase, and further agrees to allow the Purchaser or designated federal or state personnel to enter on Seller's premises and to inspect, copy and audit the above records, files, and premises.

23. Responsible Contractor Requirement: (Applicable to Construction POs over $50,000). Seller represents that it is a "responsible contractor." The term "responsible contractor" as used in this document means a contractor as defined in Minnesota Statutes, Section 16C.285 subdivision 3. Any prime contractor or subcontractor that does not meet the minimum criteria in Section 16C.285 subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the scope of work described in the bid documents. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the scope of work defined in the bid documents and may result in the termination of a contract awarded to a prime contractor or subcontractor that submits the false statement. A prime contractor shall submit to the City, upon request, copies of the signed verifications of https://library.municode.com/mn/minneapolis/codes/code_of_ordinances/332839?nodeId=COOR_TIT2AD_CH38LIWAREPUSPRE https://library.municode.com/mn/minneapolis/codes/code_of_ordinances/332839?nodeId=COOR_TIT2AD_CH38LIWAREPUSPRE compliance from all subcontractors of any tier pursuant to Minnesota Statutes, Section 16C.285, subdivision 3, clause (7).

24. Seller Responsibility: Seller shall be responsible for any loss or damage to any merchandise until delivered to the F.O.B. destination specified in the PO; or, if no such F.O.B. destination is specified, until delivered to a common carrier or to Purchaser's plant, whichever may first occur. Seller shall be responsible for the satisfactory performance of its employees and subcontractors in performing the Work. Seller's employees shall not be considered employees of Purchaser for any purpose. Seller shall procure and keep current any licenses, permits, or certificates required for the performance of the Work and will obtain and pay for all permits, licenses, and inspections necessary for the Work.

25. Shipment: At the time of any shipment, a notice of shipment shall be sent to Purchaser stating the number of the order, the kind and amount of merchandise, and the route by which the shipment is being made. All merchandise shall be suitably packed, marked, and shipped in accordance with shipping instructions specified herein and the requirements of common carriers so as to secure the lowest cost. Seller shall be liable for any difference in freight charges arising from its failure to (a) follow the shipping instructions specified herein or (b) properly describe the shipment. Purchaser and Seller mutually agree to assist each other in the prosecution of claims against carriers.

26. Subcontracting Prohibited Without Authorization: Seller must not engage in any subcontracting of any part of the specifications to be provided under this PO without the written authorization of the Purchaser.

The following language is applicable to TMP solicitations only: Should Purchaser permit subcontracting, the Contractor must only hire, retain, or engage an "Approved Small Business Enterprise" as that term is defined in Chapter 18A of the Minneapolis Code of Ordinances.

27. Taxes: Purchaser is exempt from sales tax. See https://www.revenue.state.mn.us/guide/purchases

28. Termination: Purchaser may cancel this contract without cause and for any reason upon thirty (30) days' written notice. If Seller breaches any PO terms, including Seller's warranties, Purchaser may, at its option and without prejudice to any other rights, cancel any unperformed Work.

29. Time is of the Essence: Time is of the essence when performing the Work.

30. Title: Seller warrants that the Work is free and clear of liens and encumbrance and Seller has a good and marketable title to merchandise sold.

31. Warranty: Seller warrants that the Work, including any merchandise, will conform to its description and any applicable specifications, and, further, shall be of good merchantable workmanship and/or quality, and fit for the known purpose for which it is sold. This warranty is in addition to any standard warranty or service guarantee given by Seller to Purchaser, or any warranty provided by law.

https://www.revenue.state.mn.us/guide/purchases

For a copy of the latest Prevailing Wage Rates - visit the Federal Website:

https://sam.gov/content/wage-determinations

Use the Rates for State of Minnesota - Hennepin County

PREVAILING WAGE CERTIFICATE

Laborers and Mechanics shall be paid according to the Contracts for Public Works Ordinance, Minneapolis Code of Ordinances, Chapter 24, Section 24.200 through 24.260, as amended, and the minimum wage rates and fringe benefits paid to the various classes shall be as determined by the Secretary of Labor of the United States, for work in the City, subject to and upon compliance with all requirements provided in the Rules of the Office of the Secretary of Labor of the United States. Apprentices may be paid less than the predetermined wage rate for the work performed. Apprentices must participate in a registered apprenticeship program (See 29 CFR, Parts 5 and 29). In addition to the certificates and other evidences of compliance which are required under these specifications and under Minneapolis Code of Ordinances, Section 24.240, it shall be required that the person or company representative submitting a bid for this contract shall certify in writing that both she/he/it and their Subcontractors shall comply with the wage and labor standard provision of Minneapolis Code of Ordinances, Section 24.200 through 24.260 as amended. Failure to comply with this ordinance shall mean the City may, by written notice to the Contractor, terminate the Contractor's right to proceed with the work and the Contractor and his Sureties shall be liable to the City for any excess cost occasioned to the City for the completion of the work.

By submitting this bid, it is understood and agreed that if it is accepted, in whole or in part, by the City of Minneapolis or Board, as designated, that any work done by the Contractor or by the Contractor's agent or Subcontractor under a contract with the City of Minneapolis or Board as designated shall be done in conformity with provisions of Minneapolis Code of Ordinances, Chapter 24, Section 24.200 through 24.260, or, if applicable Park Board Code of Ordinances, Chapter 6, Section PB 6-1 through PB 6-5. Specifically, it is agreed that payment of wages to employees or agents of the Contractor or any Subcontractor shall be no less than the amounts set forth in the current U.S. Department of Labor, General Wage Decision for the State of Minnesota - Hennepin County.

BY SUBMITTING YOUR BID, YOU ARE AGREEING TO ALL OF THE ABOVE.

Revised February 2024 https://sam.gov/content/wage-determinations