IFB 006-2026 - ANNUAL TRAFFIC SIGNAL MAINTENANCE.PDF

CONSTRUCTION IFB #006-2026

Revised: BC: 05/28/2024 Reviewed by Law: 01/08/2024

CITY OF SPRINGFIELD, MISSOURI

DIVISION OF PURCHASES

INVITATION FOR BID (IFB) #006-2026

TITLE-SIGNATURE PAGE

The City of Springfield will accept electronically submitted bids through its’ e-bidding service provider, DemandStar, from qualified persons or firms interested in providing the following:

Annual Traffic Signal Maintenance BIDS MUST BE UPLOADED INTO THE DEMANDSTAR E-BIDDING SYSTEM PRIOR TO 3:00 P.M. (CST) ON THURSDAY, SEPTEMEBR 25, 2025. Bids will be opened by the buyer listed above. Bids will be read aloud publicly at the specified bid opening date and time via teleconference. To participate, dial (720) 843-2938. Then, enter access code 2160129.

• Bids shall be submitted on the forms provided and may be manually, electronically, or digitally signed by the individual authorized to legally bind the company. Bidders are to submit all pages of this IFB identified with “RETURN THIS PAGE” stated on the bottom right corner of said pages. Failure to do so shall render your bid non-responsive.

• Bids received after the opening date and time shall not be considered.

• The attached Terms and Conditions shall become part of any contract resulting from this bid.

• The cutoff for any questions about this bid is September 10, 2025, at 12:00 P.M. (CST).

• HAND DELIVERED, FAXED, OR EMAILED BIDS WILL NOT BE ACCEPTED.

A pre-bid conference is scheduled for September 04, 2025 at 2:00 P.M. (CST). The pre-bid conference shall be conducted via videoconference. To participate email the Buyer, Morgan Blankenship, morgan.blankenship@springfieldmo.gov for the link and password. All interested bidders are encouraged to participate.

The undersigned certifies that they have the authority to bind the Bidder in a contract to supply the service or commodity in accordance with all terms and conditions contained herein. Please type or print the information below.

The bidder is REQUIRED to complete, sign, and return this form with their submittal.

NOTE: All businesses doing business in the State of MO should be registered with the Missouri Secretary of State. Upon MO registration, a charter number is issued and should be identified below. If your business is exempt, the exemption number should be referenced below, in lieu of a charter number.

Company Name Authorized Person (Print)

Address Signature

City/State/Zip Title

Telephone # Fax # Date Tax ID #

Email Address

State of Missouri Charter Number or Exemption Number

Morgan Blankenship, Buyer Date Issued: August 26, 2025 City of Springfield Buyer’s Email: morgan.blankenship@springfieldmo.gov Division of Purchases Telephone Number: 417-864-2079 218 E. Central Springfield, MO 65802 mailto:morgan.blankenship@springfieldmo.gov

Revised: BC: 05/28/2024

TABLE OF CONTENTS:

Cover Title – Signature Page Page 1

Table of Contents Page 2

Legal Notice Page 3

Scope Page 4

Instructions to Bidders Page 5

Specific Requirements of Bid Page 12

Standard Terms and Conditions Page 17

Insurance Requirements Page 23

Specifications Page 25

Substitution Request Form Page 34

Bid Form Page 35

Subcontractors List Page 38

Contractor Statement of Qualifications Page 39

List of References and Experience Page 42

Affidavit of Compliance Page 43

Certification Regarding Potential Conflicts of Interest Page 44

Statement of “No Bid” Page 45

Forms to Be Used if Awarded the Contract Page 46

Certification of Signature Authority Page 53

Prevailing Wage: AWO 32 Page 67

ATTACHMENT A: Completion Days for Signal Maintenance

Revised: BC: 05/28/2024 Reviewed by Law: 01/08/2024

LEGAL NOTICE:

INVITATION FOR BID #006-2026

The City of Springfield will accept electronically submitted bids through its’ e-bidding service provider, DemandStar, from qualified persons or firms interested in providing the following: Annual Traffic Signal Maintenance

VENDOR NOTE 1: To register with DemandStar go to: https://www.demandstar.com/registration

VENDOR NOTE 2: For information on how to navigate DemandStar go to: http://network.demandstar.com/wp-content/uploads/2021/01/DemandStar-Supplier-User-Guide.pdf

VENDOR NOTE 3: If you have issues registering or uploading a bid, please contact DemandStar toll-free at (866) 273-1863. DemandStar office hours are 8:00 A.M. to 7:00 P.M. Central Time, Monday through Friday. You can also contact the Division of Purchases at (417) 864-1620 or the Buyer stated on the Title-Signature Page of this solicitation document between the hours of 8:00 A.M. to 5:00 P.M.

Central Time, Monday through Friday.

It is strongly recommended that vendors register with DemandStar as soon as possible to ensure your ability to provide a response to this solicitation by the due date and time. If you have any issues with DemandStar setup or navigation call (206) 940-0305.

Bids must be received electronically in the City’s e-bidding service provider DemandStar by 3:00 P.M. (CST), on THURSDAY, SEPTEMBER 25, 2025. Bids will be read aloud publicly at the specified bid opening date and time via teleconference. To participate, dial (720) 843- 2938. Then, enter access code 2160129.

Bidding documents and any addendums are available via the following methods:

1. By accessing the City’s e-bidding service, Demand Star https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029

All wages paid for work under this Contract shall comply with requirements of the prevailing wage law of the State of Missouri, Sec

290.210 et seq., RSMo., as amended by the Division of Labor Standards, State of Missouri, and regulations promulgated by the Division of Labor.

For any contract for services greater than $5,000, the successful bidder shall comply with § 285.530, RSMo., as amended, and (1) provide by affidavit affirmation that it does not knowingly employ any person who is an unauthorized alien and (2) provide documentation affirming its enrollment and participation in a federal work authorization program with respect to the employees working in connection with this contract. The required documentation affirming enrollment must be from the federal work authorization program provider. A letter from the respondent reciting compliance is not sufficient. All bids should include the signed and notarized Work Authorization Affidavit and the electronic signature page from the E-Verify program. A letter from the Contractor reciting compliance is not sufficient.

The City is committed to providing opportunities to DBE, MBE, and WBE prime, general and subcontractors and encourages such business enterprises to submit responses.

https://www.demandstar.com/registration http://network.demandstar.com/wp-content/uploads/2021/01/DemandStar-Supplier-User-Guide.pdf http://network.demandstar.com/wp-content/uploads/2021/01/DemandStar-Supplier-User-Guide.pdf https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029

SCOPE: The annual maintenance contract consists of performing maintenance, repairs, and construction associated with traffic signals and/or the traffic signal communications system, including, but not limited to: installation of pull boxes, conduits, power cabling, signal cabling, fiber optic cabling, signal poles, signal controllers, concrete bases, power supplies, battery backup systems, detector loops, sidewalk, ADA curb ramps, curb and gutter, and repair or removal of conduits, meter poles and power supplies, signal poles and baes, and other associated traffic signal maintenance work.

Revised: BC: 05/28/2024 Reviewed by Law: 01/08/2024

1.0 INSTRUCTIONS TO BIDDERS

1.1 PRE-BID CONFERENCE: A pre-bid conference is scheduled for September 04, 2025 at 2:00 P.M. (CST). The pre-bid conference shall be conducted via videoconference. To participate email the Buyer, Morgan Blankenship, morgan.blankenship@springfieldmo.gov for the link and password. All interested bidders are encouraged to participate.

1.2 BID OPENING: Bids submitted in response to this Invitation for Bid (IFB) will be opened in the presence of Purchasing officials at the due date and time indicated on the IFB. Bids will be read aloud publicly at the specified bid opening date and time via teleconference or video conference. To participate, dial (720) 843-2938. Then, enter access code 2160129.

1.3 QUESTIONS AND CLARIFICATION: Each bidder shall examine all Invitation for Bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries or suggestions concerning the interpretation, clarification, or additional information pertaining to the Invitation for Bid shall be made in writing and submitted via email to the Buyer. The Buyer’s contact information is listed on the cover page of this bid document.

1.3.1 The cutoff date for questions and substitution requests is September 10, 2025 at 12:00 P.M. (CST).

1.3.2 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.

1.4 CLARIFICATION AND ADDENDA: It shall be the responsibility of each bidder, prior to submitting their Bid, to check DemandStar to determine if addenda were issued and to make such addenda a part of their Bid by accessing the City’s e-bidding service, DemandStar at: https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029.

1.4.1 Each bidder shall examine all IFB documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries or suggestions concerning the interpretation, clarification, or additional information pertaining to the IFB shall be made through the Division of Purchases in writing. No oral interpretations shall be made to any bidder by the City. The issuance of written addenda is the official method whereby interpretation, clarification, or additional information shall be given. Receipt of an addendum to an IFB by a bidder must be acknowledged by signing and uploading the addendum with your bid response to https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029 prior to the opening time and date.

1.5 INVESTIGATION OF CONDITIONS: Before submitting an offer, bidders shall carefully examine the drawings, plans, and specifications, and visit the site of the work. bidders shall fully inform themselves as to all existing conditions and limitations including verification of measurements and quantities and shall include in the bid a sum to cover the cost of items of work to be performed and, if awarded the contract, shall not be allowed any extra compensation by reason of any matter or item concerning which such bidder might have fully informed itself prior to the bid. The successful Contractor must employ, so far as possible, such methods and means in carrying out their work as will not cause any interruption or interference with any other Contractor.

1.6 QUANTITIES AND MEASUREMENTS: Quantities and measurements provided herein and, on the set(s) of plan(s) are estimates only. Actual quantities and/or measurements may vary. The Contractor shall be responsible for the determination of actual quantities and measurements necessary to complete the project in accordance with all plans and specifications herein. Payment to the Contractor shall be made only for the actual quantities of work performed and accepted in accordance with the contract.

All unit prices shall be firm and fixed regardless of the actual quantity of work and materials authorized by the City.

1.7 INTERPRETATIONS: No oral interpretations shall be made to any bidder as to the meaning of the plans and specifications or the acceptability of alternate products, materials, form, or types of construction. Every request for interpretation shall be made in writing and submitted with all supporting documents not less than five (5) calendar days before the opening of bids. The request shall be sent in writing directly to the Buyer. Every interpretation made to a bidder will be in the form of an addendum and will be sent as promptly as is practicable to all persons to whom plans, and specifications have been issued. All such addenda shall become part of the contract documents.

mailto:morgan.blankenship@springfieldmo.gov https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029 https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029%20

Revised: BC: 05/28/2024

1.8 PREPARATION OF BIDS:

1.8.1 Each bidder shall furnish the information required by the invitation. The bidder shall sign the invitation. 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 City.

1.8.2 Each bidder must state a definite time for Substantial and Final Completion after the Notice to Proceed unless otherwise specified in the invitation.

1.8.3 Time, if stated as a number of days, shall include Saturdays, Sundays, and holidays.

1.8.4 Each bidder shall submit identified Bid documents to be considered responsive.

1.9 SUBMISSION OF BIDS:

1.9.1 To be considered responsive, bids must be uploaded to the City’s e-bidding service, DemandStar at https://www.demandstar.com/app/agencies/missouri/city-of-springfield-mo-division-of-purchases/procurement-opportunities/3894aba0-44a9-412c-9975-cc538ff783a7 prior to the specified due date and time. It shall be the sole responsibility of the bidder to have their Bid uploaded on or before the stated due date and time.

1.9.2 E-mailed, hand-delivered, or faxed Bids shall not be considered.

1.9.3 Submission of a Bid constitutes an assignment by the bidder of all anti-trust claims that the bidder may have under the

Federal and State laws resulting from this Contract.

1.9.4 In submitting bids, each bidder agrees that the City of Springfield shall have ninety (90) calendar days in which to accept or reject any of the bids submitted unless otherwise specified.

1.9.5 Bidders shall submit all required and identified Bid documents to be considered responsive.

1.10 LEGAL NAME AND SIGNATURE: Bids shall clearly indicate the legal name, physical address, e-mail address, and telephone number of the Bidder (company, firm, corporation, partnership, or individual). Respondents’ legal entity company name must be identified as the SAME on their submitted W-9 and Certificate of Insurance (COI). Bids may be manually, electronically, or digitally signed above the printed name and title of the signer on the Affidavit of Compliance page. The signer shall have the authority to legally bind the company to the submitted Bid. Failure to properly sign the TITLE-SIGNATURE PAGE shall invalidate same, and it shall not be considered for award.

1.11 IFB EXPENSES: All expenses for making Bids to the City are to be borne solely by the bidder.

1.12 IRREVOCABLE OFFER: Any Bid may be withdrawn up until the due date and time set for the opening of the IFB. Any Bid not so withdrawn shall, upon opening, constitute an irrevocable offer for a minimum period of ninety (90) calendar days to sell to the City the goods or services set forth in the IFB, until one or more of the Bids have been duly accepted by the City.

1.13 RESPONSIVE AND RESPONSIBLE BIDDER: To be responsive, a bidder shall submit a Bid which conforms in all material respects to the requirements set forth in the Invitation for Bid. To be a responsible bidder, the bidder shall have the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will ensure good faith performance. The lowest responsible bidder shall mean the bidder who makes the lowest Bid to sell goods or services of a quality which conforms closest to the quality of goods or services set forth in the specifications or otherwise required by the City and who is known to be fit and capable to perform the Bid as made.

https://www.demandstar.com/app/agencies/missouri/city-of-springfield-mo-division-of-purchases/procurement-opportunities/3894aba0-44a9-412c-9975-cc538ff783a7 https://www.demandstar.com/app/agencies/missouri/city-of-springfield-mo-division-of-purchases/procurement-opportunities/3894aba0-44a9-412c-9975-cc538ff783a7

Revised: BC: 05/28/2024 Reviewed by Law: 01/08/2024

1.14 QUALIFICATIONS OF BIDDERS: Each bidder shall submit a Statement of Bidder's Qualifications with their Bid Form. The City shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City such additional information and data for this purpose as may be requested. The right is reserved to reject any bid where an investigation or consideration of the information submitted by such bidder does not satisfy the City that the bidder is qualified to carry out properly the terms of the contract documents.

1.15 SUBCONTRACTORS: Each bidder shall submit a Subcontractor List with their Bid Form. The Contractor shall require subcontractors to waive standing to sue the City directly, and the Contractor shall cause appropriate provisions to be inserted in all subcontracts to require subcontractors to stipulate the same and to waive any right inconsistent therewith. Contractors shall require subcontractors to file any suit alleging misrepresentation in the Plans or Specifications exclusively against the Contractor, which the Contractor shall in good faith defend, and the Contractor shall not sue the City on behalf of the subcontractor or the subcontractor's claims except when the Contractor is a defendant in a subcontractor's suit, and then only pursuant to the rules of third-party practice under Rule 52.11 Missouri Rules of Civil Procedure.

1.15.1 SUBCONTRACTORS LIST: The names, addresses, and proposed work items of the subcontractors the bidder expects to use in performing the work under this proposal shall be furnished with the bid proposal. After the bid opening, the successful bidder may not substitute any of the subcontractors identified in the bid, except with the approval of the City and for good cause shown. The availability of another subcontractor at a lower cost to the general Contractor after the bid opening shall not constitute good cause for such substitution.

1.15.2 The Contractor shall, as a minimum, perform with his organization work amounting to not less than thirty percent (30%) of the total contract cost to be eligible for a bid award. Second and/or third-tier subcontractors will be allowed as long as they are identified in the subcontractor list.

1.15.3 Objection: If after due investigation, the City has reasonable objections to any proposed subcontractor before the notice of award is given, the City may request the apparent low Bidder to submit an acceptable substitute without an increase in the price. If the apparent low Bidder declines to make any such substitutions, the City may award the contract to the next lowest bidder that proposes to use acceptable subcontractors. The Contractor who declines to make requested substitutions will not constitute grounds for sacrificing the bid security of any bidder.

1.16 COLLUSION: By offering a submission to this Invitation for Bid, the bidder certifies the bidder has not divulged, discussed, or compared the bid with other bidders and has not colluded with any other bidder or parties to this IFB whatsoever. Also, the bidder certifies, and in the case of a joint Bid, each party thereto certifies as to their own organization, that in connection with this IFB:

1.16.1 Any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or contract for the purpose of restricting competition, as to any matter relating to such prices and/or cost data, with any other Bidder or with any competitor.

1.16.2 Any prices and/or cost data for this bid have not knowingly been disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the scheduled opening directly or indirectly to any other bidder or any competitor.

1.16.3 No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

1.16.4 The only person or persons interested in this Bid, principal or principals are named therein and that no person other than therein mentioned has any interest in this Bid or in the contract to be entered into.

1.16.5 No person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee exempting bona fide employees or established commercial agencies maintained by the Purchaser for the purpose of doing business.

1.17 IFB FORMS: Bids must be submitted on the attached City IFB Forms. However, additional information may be attached.

Revised: BC: 05/28/2024 Reviewed by Law: 01/08/2024

1.18 BID FORM: All blank spaces must be completed with the appropriate response. The bidder must state the price for what is proposed to complete each item of the project. Bidders shall insert the words “No Bid” in the space provided for an item for which no bid is made. The bidder shall submit an executed Bid Form and Affidavit of Compliance with other requested documents.

1.19 DEVIATIONS TO SPECIFICATIONS AND REQUIREMENTS: When bidding on an “approved equal,” bids must be accompanied by all descriptive information necessary for an evaluation of the proposed material or equipment such as the detailed drawings and specifications, certified operation and test data, and experience records. Failure of any bidder to furnish the data necessary to determine whether the product is equivalent may be cause for rejection of the specific item(s) to which it pertains. All deviations from the specifications must be noted in detail by the bidder on the Affidavit of Compliance form, at the time of submittal of the bid. The absence of listed deviations at the time of submittal of the bid will hold the bidder strictly accountable to the specifications as written. Any deviation from the specifications as written and accepted by the City may be grounds for rejection of the material and/or equipment when delivered.

1.20 PRICES BID: When the Bid Form requires unit pricing, give both unit price and extended total. In case of a discrepancy between a unit price and the extended total, the unit price shall govern. Said unit price shall be utilized by the City to calculate the correct extended total for determining potential award. The price must be stated in units of quantity specified in the Bidding Specifications. All prices shall be F.O.B. Destination, whereby all transportation charges shall be paid by the Contractor unless requested as a single line item identified in this IFB. Items required to complete the project but are not shown on the bid as separate line items shall be deemed incidental and included in the bid price.

1.21 CORRECTIONS: No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid.

1.22 PAYMENT TERMS: Payment terms shall be Net 30 if not otherwise specified. Pre-payment terms are not acceptable. If a bidder offers a discount on payment terms, the discount time will be computed from the date of satisfactory delivery at the place of acceptance and receipt of the correct invoice at the office specified.

1.23 RETAINAGE: Retainage shall be calculated in accordance with RSMo. 436.303.

436.303. Contract provisions — retainage. — A contract or agreement may include a provision for the retainage of a portion of any payment due from the owner to the contractor, not to exceed ten percent of the amount of such payment due pursuant to the contract or agreement, to ensure the proper performance of the contract or agreement, provided that the contract may provide that if the contractor's performance is not in accordance with the terms of the contract or agreement, the owner may retain additional sums to protect the owner's interest in satisfactory performance of the contract or agreement. The amount or amounts so retained by the owner shall be referred to in RSMo, sections 436.300 to 436.336 as "retainage", and shall be held by the owner in trust for the benefit of the contractor and contractor's subcontractors, sub-subcontractors, and suppliers at whatever tier who are not in default, in proportion to their respective interests. Such retainage shall be subject to the conditions and limitations listed in RSMo., sections 436.300 to 436.336.

1.24 NO BID: If not submitting a Bid, respond by uploading the “Statement of No Bid” no later than the stated Bid opening time and date, and explain the reason in the space provided.

1.25 ERRORS IN BIDS: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting their Bids; failure to do so will be at the bidder’s own risk. Neither law nor regulations make allowance for errors either of omission or commission on the part of bidders. In case of an error in the extension of prices in the Bid, the unit price shall govern. Said unit price shall be utilized by the City to calculate the correct extended total for determining potential award.

1.26 DESCRIPTIVE INFORMATION: All equipment, materials, and articles incorporated in the product/work covered by this IFB are to be new and of suitable grade for the purpose intended. Brand or trade names referenced in specifications are for comparison purposes only. Bidders may submit Bids on items manufactured by other than the manufacturer specified when an “or equal” is stated.

https://revisor.mo.gov/main/OneChapterRng.aspx?tb1=436.300%20to%20436.336 https://revisor.mo.gov/main/OneChapterRng.aspx?tb1=436.300%20to%20436.336

Revised: BC: 05/28/2024 Reviewed by Law: 01/08/2024

1.27 MATERIAL AVAILABILITY: Bidders must accept responsibility for verification of material availability, production schedules, and other pertinent data prior to submission of bid and delivery time. It is the responsibility of the bidder to notify the City of Springfield immediately if the materials specified are discontinued, replaced, or not available for an extended period.

1.28 TAX-EXEMPT: The City of Springfield, Missouri is exempt from payment of the Missouri Sales Tax, Missouri Tax ID Number

12493651 in accordance with Section 39 (10), Article 3, of the Missouri Constitution. The selected Contractor will receive a Project Exemption Certificate and a Missouri Tax Exemption letter from the City of Springfield to use in purchasing materials on a tax-free basis. It will be the Contractor’s responsibility to provide the documentation to any subcontractor. These documents will be used solely for the purchase of materials directly incorporated into or consumed in the construction of the work under this contract. The bidder’s proposal shall include all other taxes levied by any taxing authority that may be related to the construction of the project.

1.29 REGULATIONS: It shall be the responsibility of each bidder to assure compliance with OSHA, EPA, Federal, State of Missouri, and

City rules, regulations, or other requirements, as each may apply.

1.30 ROYALTIES AND PATENTS: The successful bidder(s) shall pay all royalties and license fees for equipment or processes in conjunction with the equipment being furnished. The bidder shall defend all suits or claims for infringement of any patent right and shall hold the City harmless from loss on account of cost and attorney’s fees incurred.

1.31 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE: The City of Springfield, in accordance with the provision of Title VI of the Civil

Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all bidders that affirmatively ensure that in any contract entered into pursuant to this solicitation that minority businesses will be afforded full opportunity to submit Bids in response to this advertisement and will not be discriminated against on the grounds of race, color, or national origin in consideration for the award.

1.31.1 The City of Springfield encourages the participation of Disadvantage Business Enterprises (DBEs). If your firm is a designated DBE, please be sure and identify such on the enclosed SECTION 13.0 AFFIDAVIT OF COMPLIANCE.

1.31.2 The Contractor agrees in the performance of this Contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political option or affiliation, against any employee or the Consultant or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder.

1.32 BID TABULATION: Bidders may request a copy of the Unofficial Bid Tabulation of the Invitation for Bid.

1.33 BUDGETARY CONSTRAINTS:

1.33.1 The City reserves the right to reduce or increase the quantity or retract any item from the Bid.

1.33.2 Reject the bid in its’ entirety.

1.33.3 Upon notification, terminate the entire contract without any obligations or penalty based upon the availability of funds.

1.34 ORDER OF PRECEDENCE: All Special/General Conditions and Specifications attached hereto, which vary from the Instruction to bidders, shall take precedence.

Revised: BC: 05/28/2024 Reviewed by Law: 01/08/2024

1.35 CONTRACT DOCUMENTS: If it is determined that a contract be issued via this solicitation, the contract between the City of Springfield and the Contractor shall generally consist of: (1) the applicable contract document, (2) the Invitation for Bid, and any attachments and addenda thereto and, (3) the bidder’s bid, as accepted, submitted in response to the Invitation for Bid. In the event of a conflict in language between the documents referenced above, the provisions and requirements set forth in the Invitation for Bid, and addenda thereto shall govern over the bidder’s bid and addenda thereto. However, the City reserves the right to clarify any Contractual relationship in writing with the concurrence of the bidder, and such written clarification shall govern in case of conflict with the applicable requirements stated in the Invitation for Bid, or the bidder's bid. The bidder is cautioned that the bid shall be subject to acceptance without further clarification. Any agreement, contract, or purchase order resulting from the acceptance of a bid shall be on forms either supplied by or approved by the City.

1.35.1 Any contract resulting from this solicitation may be executed and delivered by the parties electronically, and fully executed electronic versions of the contract instrument, or reproductions thereof, will be deemed to be original counterparts.

1.36 LOCAL VENDOR PREFERENCE:

1.36.1 Commodities (when applicable) - A commodity shall be defined as a non-specialized, non-customized mass-produced good. In the event two or more bids to supply a commodity are equal in all evaluation criteria, including cost, such bids shall be awarded first to the bidder with offices within Springfield city limits, next to bidders within Greene County, next to bidders located in the adjacent counties, then next to other Missouri bidders. If a tie bid situation still exists after the application of these criteria, then the bid shall be awarded by drawing lots or a flip of a coin. The City may also, unless the terms, conditions, and specifications of the solicitation state to the contrary, elect to divide the contract award between two or more bidders, if it deems such action to be in its best interests, in the exercise of its sole discretion.

1.36.2 Non-commodities (when applicable) - For procurements of non-commodities the City should consider factors such as the impact on the local economy, time of delivery, maintenance, and other pertinent costs, and recommend firms with offices in the Springfield Metropolitan Statistical Area (SMSA) when their bids are substantially equal in cost, specifications, conditions, and bidders qualifications. A bid shall be substantially equal in cost if the differential for total cost is two percent (2%) or less. When a request for a proposal or a bid with evaluation criteria is evaluated, the score given for the criteria of cost for potential vendors within the SMSA shall be increased by 10 percent of the total points possible for cost.

1.37 PROPRIETARY INFORMATION: In accordance with the Missouri Sunshine Law, and except as may be provided by other applicable state and federal law, all bidders should be aware that Invitation for Bids and the responses thereto become open public records once a fully executed contract is in place. bidders are requested to identify specifically any information contained in their response which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. Failure of bidders to cite specifically to the applicable law exempting disclosure under the Sunshine Law may result in the disclosure of such information. Bidders should identify any information as confidential and/or proprietary by stamping each page with such information as “Confidential” and/or “Proprietary”.

1.38 ETHICAL STANDARDS: With respect to this IFB, if any bidder violates or is a party to a violation of the general ethical standards of the City Procurement Code or the State of Missouri Statues, such bidder may be disqualified from furnishing the goods or services for which the bid is submitted and shall be further disqualified from submitting any future bids. A copy of the City’s General Ethical Standards is available at the Division of Purchases.

1.39 NONRESIDENT/FOREIGN CONTRACTORS: The Contractor shall procure and maintain during the life of this Contract:

1.39.1 If the Contractor is a foreign corporation, a certificate of authority to transact business in the State of Missouri from the Secretary of State unless exempt pursuant to the provisions of Section 351.572 RSMo.; and

1.39.2 A certificate from the Missouri Director of Revenue evidencing compliance with the transient employer financial assurance law unless exempt pursuant to the provisions of Section 285.230 RSMo.

Revised: BC: 05/28/2024 Reviewed by Law: 01/08/2024

1.40 CERTIFICATE OF COMPLIANCE WITH SECTION 34.600 RSMo., ET SEQ. (ANTI-DISCRIMINATION AGAINST ISRAEL ACT): That pursuant to Missouri Revised Statute Sections 34.600 et., seq. A Contractor must provide written certification of compliance with the Anti-Discrimination Act, RSMo. 34.600 et., seq. that the Contractor is not currently engaged in, and shall not, for the duration of the contract, engage in a boycott of goods or services from the State of Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel. This section shall not apply to contracts with a total potential value of less than one hundred thousand dollars or contractors with fewer than ten people.

1.41 BASIS OF AWARD: The following basis of award may include, but not be limited to the following:

1.41.1 Only firm Bids shall be considered.

1.41.2 Bidders may be requested to submit financial statements subsequent to the Bid opening. Such statements shall be submitted to the City within three (3) calendar days after being so requested.

1.41.3 The award of the Contract, if it is awarded, shall be awarded to the lowest responsible and responsive Bidder whose qualifications indicate that awarding the Contract to said Bidder(s) is in the best interest of the City and whose Bid complies with all prescribed requirements. The proposed time of completion of the work or delivery of goods will also be taken into consideration.

1.41.4 The City reserves the right to (1) make awards to multiple Bidders, by item, group of items, all or none, or a combination thereof; (2) to reject any and all Bids or waive any minor irregularity or technicality in any Bids received; and (3) to disregard all non-conforming or conditional Bids or counterproposals.

1.41.5 In the event two or more Bids to supply a commodity are equal in all evaluation criteria, including cost, such Bids shall be awarded first to the Bidder with offices within Springfield city limits, next to Bidders within Greene County, next to Bidders located in the adjacent counties, then next to other Missouri Bidders. If a tie Bid situation still exists after the application of these criteria, then the Bid shall be awarded by drawing lots or a flip of a coin.

1.41.6 Award may also be based on other evaluation criteria stipulated in the Invitation for Bid.

Revised: BC: 05/28/2024 Reviewed by Law: 01/08/2024

2.0 SPECIFIC REQUIREMENTS OF BID:

2.1 LICENSES: The successful bidder shall secure licenses imposed by law and ordinance and pay all charges.

2.1.1 CITY OF SPRINGFIELD, MO BUSINESS LICENSE: All businesses doing business in the City of Springfield, MO shall have a current City of Springfield, MO, Business License. Before issuance of a contract to the successful bidder, proof of the licenses (i.e., xerographic copy of the paid receipt or xerographic copy of the actual license) shall be provided to the Purchasing Division to be kept in the bid file as part of the permanent record. To apply for a business license, go to https://www.springfieldmo.gov/2171/Business-License-Applications.

2.1.2 MISSOURI BUSINESS LICENSE: All businesses doing business in the State of Missouri should be registered with the

Missouri Secretary of State. Upon Missouri registration, a charter number is issued and should be identified on the front cover page of this solicitation. If your business is exempt, the exemption number should be referenced in lieu of a charter number. This information should be completed at the time of bid submittal and shall be required prior to award.

To register with the Missouri Secretary of State, please consult:

https://bsd.sos.mo.gov/BusinessEntity/BESearch.aspx?SearchType=0

2.2 INSURANCE: The bidder must provide a Certificate of Insurance in accordance with all requirements shown in the insurance requirements section of this document prior to the award of a contract.

2.3 BONDS: Bonds may be provided via an electronic format, if an electronic format is utilized, Surety2000 or SuretyWave shall be utilized for the provision of said bonds. Bonds shall be executed with the proper sureties, through a company licensed to operate in the State of Missouri and hold a current Certificate of Authority as an acceptable surety under 31 CFR Part 223 (and be listed on the current U.S. Department of the Treasury Circular 570 and have at least A Best's rating and a FPR9 or better financial performance rating per the current A.M. Best Company ratings).

2.3.1 BID BOND: Each bid must be accompanied by a bid bond in the form of a cashier's check made payable to the City of

Springfield – Director of Finance, or a bid bond duly executed by the bidder as principal and having as surety thereon a surety company satisfactory to the City. The bond so furnished shall be in the amount not less than five percent (5%) of the amount of the total bid price. Checks or bid bonds will be returned to all except the three (3) lowest qualified bidders within ten (10) days after the opening of bids and the remaining checks or bid bonds will be returned within five

(5) working days after the City of Springfield and the successful bidder have executed the contract for the work.

2.3.2 PERFORMANCE BOND, AND A LABOR AND MATERIALS PAYMENT BOND: The Contractor shall furnish a Performance

Bond and a Labor and Materials Payment Bond with surety approved by the City and on the forms approved by the City.

Each bond shall be in the full amount of the contract conditioned upon the full and faithful performance of all major terms and conditions of this contract and payment of all labor and material suppliers. The date of the bonds shall be the same as the date of the City’s execution of the contract. The bonds shall be automatically increased in amount and extended in time without formal and separate amendments to cover the 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 the Contractor’s responsibility to notify his surety of any changes affecting the general scope of the work or changes in the Contract Price. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond(s) hereto attached for its faithful performance and payment of labor and material suppliers, the City shall deem the surety or sureties upon such bond(s) to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense, within five (5) days after the receipt of notice from the City to do so, furnish an additional bond or bonds, in such form and amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this contract until such new or additional security for the faithful performance of the work and the payment of labor and material suppliers shall be furnished in a manner and form satisfactory to the City. The corporate surety on any performance or payment bond must be licensed by the State of Missouri and if the required bond exceeds $50,000.00 must be listed in United States Treasury Circular 570.

https://www.springfieldmo.gov/2171/Business-License-Applications https://bsd.sos.mo.gov/BusinessEntity/BESearch.aspx?SearchType=0%20%20

Revised: BC: 05/28/2024 Reviewed by Law: 01/08/2024

2.4 PREVAILING WAGE: All labor utilized in the construction of this project shall be paid a wage of no less than the prevailing hourly rate of wages for work of a similar character in this locality, as established and amended at any time by the Department of Labor of the State of Missouri, in accordance with prevailing wage as set forth in Annual Missouri State Wage Determination No. 32, Section 039, Greene County, and all addenda, and fully complied with the provisions and requirements of the Missouri State Prevailing Wage Law (Section 290.250, RSMo.), or by the U.S. Secretary of Labor in accordance with the Federal Davis-Bacon Act (Title 40 U.S.C. Chapter 31, subchapter IV), whichever is higher. In addition, the Contractor agrees to pay wages not less than once a week.

The Contractor and all subcontractors will be required to furnish an Affidavit of Compliance form to the City stating that he has fully complied with Missouri Prevailing Wage Law. No payment will be legally made by the City to the Contractor until the affidavit is filed in proper form and order with the City. (Section 290.290 and 290.325, RSMo.)

The Contractor shall post and maintain in a prominent and easily accessible location a clearly legible statement of all prevailing hourly wage rates to be paid to all workers employed by the Contractor and each subcontractor, and this notice must be posted during the full-time that any worker is employed on the job. (Section 290.265, RSMo.)

It shall be the responsibility of the Contractor to notify the Division of Labor Standards when a violation of the law is discovered.

The Contractor shall submit to the Construction Inspector monthly certified copies of payrolls including any subcontractors that may be working that month. If Davis-Bacon is in effect, certified payroll reports must be submitted weekly.

The Contractor will forfeit a penalty to the City of Springfield of $100.00 per day (or portion of a day) for each worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or by any subcontractor (Section 290.250, RSMo.). For detailed information on rules and occupational titles, see 8 CSR 30-3.010 through 3.060.

In cases of a wage subsidy, bid supplement, or if a rebate was provided, and if so, if it was provided lawfully, the amount and date of such subsidy, supplement, or rebate must be reported to the City of Springfield within thirty (30) days of receipt of payment. (Section 290.095, RSMo.)

All wages paid for work under this Contract shall comply with the requirements of the prevailing wage law of the State of Missouri, Sec 290.210 et seq., RSMo., as amended by the Division of Labor Standards, State of Missouri and regulations promulgated by the Division of Labor, or by the U.S. Secretary of Labor in accordance with Federal Davis-Bacon Act (Title 40 U.S.C. Chapter 31, subchapter IV), whichever is higher. The City of Springfield hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this solicitation, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for the award.

Failure to comply with the requirements of the Prevailing Wage Law can result in civil action, including an injunction stopping work on a project, and in criminal fines of up to $500.00 and up to six months imprisonment for each day there is a violation.

2.5 SAFETY TRAINING REQUIREMENT: The Contractor and all subcontractors to the contract must require all on-site employees to complete the ten-hour OSHA construction safety training program required under Section 292.675, RSMo., unless they have previously completed the program and have documentation of having done so.

The Contractor will forfeit a penalty to the City of Springfield of $2,500.00 plus an additional $100.00 for each employee employed by the Contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. (Section 292.675, RSMo.)

Revised: BC: 05/28/2024 Reviewed by Law: 01/08/2024

2.6 COMPLIANCE: The following items shall be provided by Bidder to the City of Springfield Purchasing Division. To be considered complete and responsive, Bidder must complete, execute, and submit all Pages identified with “RETURN THIS PAGE” of this IFB document as well as the specified number of copies to be deemed responsive and considered for award. Failure to do so shall render your bid non-responsive.

2.6.1 To be provided with bid submittal:

• Page 1 – TITLE-SIGNATURE PAGE

• Section 9.0 – Bid Form

• Section 10.0 – Subcontractor List

• Section 11.0 – Contractor Statement of Qualifications

• Section 12.0 – List of References and Experience

• Section 13.0 – Affidavit of Compliance

• Section 14.0 – Certification Regarding Potential Conflicts of Interest

• Executed Addendum(s)

• Bid Bond (if applicable)

2.6.2 To be provided prior to the issuance of a contract:

• Proof of Business License: https://www.springfieldmo.gov/2171/Business-License-Applications

• Performance Bond (if applicable)

• Labor and Material Payment Bond (if applicable)

• Certificate of Insurance (COI) naming the City of Springfield as additional insured. NOTE: COI shall identify the SAME legal entity company name as reflected on the respondent’s W-9.

• Work Authorization Affidavit

• E-Verify Signature Page: https://www.e-verify.gov/faq/how-do-i-get-a-copy-of-the-memorandum-of-understanding-mou

• W-9 (new vendor only): https://www.irs.gov/pub/irs-pdf/fw9.pdf NOTE: W-9 shall identify the SAME legal entity company name as reflected on the awarded respondent’s Certificate of Insurance (COI).

• Vendor Information Form (new vendor only). W-9 should be provided on the most current Federal Form.

• Certification of Signature Authority Form.

• The ten (10) hour on-site OSHA construction safety training requirements are applicable for work completed under this Contract. A Certificate of Completion must be provided for all of those performing work on said project.

• Certification of Compliance with Section 34.600 RSMo., et seq. (Anti-Discrimination Against Israel Act).

2.6.3 To be provided with Applications for Payment:

• Schedule of values.

• Backup document for cost plus bid items (if applicable).

• Detailed Pay Application.

• Certified Payroll Report.

• Copy of issued Work Order, signed by the Contractor, with work completion dates.

https://www.springfieldmo.gov/2171/Business-License-Applications https://www.e-verify.gov/faq/how-do-i-get-a-copy-of-the-memorandum-of-understanding-mou https://www.e-verify.gov/faq/how-do-i-get-a-copy-of-the-memorandum-of-understanding-mou https://www.irs.gov/pub/irs-pdf/fw9.pdf

Revised: BC: 05/28/2024

2.7 CONFLICT: By submission of its response, the bidder certifies that they are in compliance with items 2.7.1 through 2.8.4.

2.7.1 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. Any applicable federal regulations and applicable provisions in Section 105.450 et seq. RSMo. shall not be violated. The Contractor/Consultant covenants that it presently has no interest and shall not acquire any interest, of a direct or indirect nature, which would conflict in any manner or degree with the performance of services to be performed under this Contract. The Contractor/Consultant further covenants that in the performance of this Contract no person having such interest shall be employed or compensated by the Contractor/Consultant. City of Springfield Charter Sec. 19.16 also prohibits City board members from contracting with the department the board administrates or with the board he or she is a member of.