IFB 021-2026 Portland Cement Concrete.PDF

IFB #021-2026

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

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CITY OF SPRINGFIELD, MISSOURI

DIVISION OF PURCHASES

INVITATION FOR BID (IFB) #021-2026

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:

PORTLAND CEMENT CONCRETE

BIDS MUST BE UPLOADED INTO THE DEMANDSTAR E-BIDDING SYSTEM PRIOR TO 3:00 P.M. (CST) ON THURSDAY, OCTOBER 16, 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 (425) 436 -6337. Then, enter access code 325926.

• 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 pertaining to this bid is Thursday. October 2, 2025, at 12:00 P.M. (CST).

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

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.

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

Ben Calia, CPPB, Senior Buyer Date Issued: September 18, 2025 City of Springfield Buyer’s Email: bcalia@springfieldmo.gov Division of Purchases Telephone Number: 417-864-1637 218 E. Central Springfield, MO 65802 mailto:bcalia@springfieldmo.gov

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

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 4

Specific Requirements of Bid Page 13

Special Provisions Page 16

Specifications Page 19

Pricing Page 20

Sample Contract Page 22

Standard Terms and Conditions Page 25

Insurance Requirements Page 33

Affidavit for Federal Work Authorization Program and E-Verify Signature Page Page 35

List of References and Experience Page 38

Affidavit of Compliance Page 39

Certification Regarding Potential Conflicts of Interest

Certification of Compliance with Section 34.600 RSMo., et seq. (Anti-Discrimination Against Israel Act) Page 41

Certification of Signature Authority Page 42

Statement of “No Bid” Page 43

Concrete Mix Design Submittal Forms Page 44

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

LEGAL NOTICE:

INVITATION FOR BID #021-2026

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: PORTLAND CEMENT CONCRETE

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, OCTOBER 16, 2025. Bids will be read aloud publicly at the specified bid opening date and time via teleconference. To participate, dial (425) 436-6337.

Then, enter access code 325926.

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

2. By accessing the Purchasing Division’s webpage https://www.springfieldmo.gov/bids.aspx

For any contract for services greater than $5,000, the successful Offeror shall comply with § 285.530, RSMo., as amended, and (1) provide by sworn 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 Service Provider reciting compliance is not sufficient. A signed and notarized Work Authorization Affidavit and the Electronic Signature Page from the E-Verify program shall be provided prior to the issuance of a contract.

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 https://www.springfieldmo.gov/bids.aspx

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

1.0 SCOPE: The City of Springfield is seeking qualified companies to provide Portland Cement Concrete as needed during the term of the contract. The goal is to establish a term contract with one or more vendors. A contract will be issued for an initial one-year term with the option of four (4) potential renewal terms.

1.1 INSTRUCTIONS TO BIDDERS

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 (425) 436-6337. Then, enter access code 325926.

1.3 PREPARATION OF BIDS:

1.3.1 Bidders are expected and required to examine and understand any drawings, specifications, schedules, and all instructions related to this Invitation for Bid (IFB). Failure to do so will be at the Bidder's risk.

1.3.2 Each Bidder shall furnish the information required by the IFB. The Bidder shall sign the IFB. Erasures or other changes must be initialed by the person signing the offer.

1.3.3 Unit Price for each unit Bid shall be shown and such price shall include packing unless otherwise specified. Freight or shipping shall be included in the Unit Price unless requested as a single line item. A total shall be entered in the total column for each item Bid. In case of a discrepancy between a Unit Price and an Extended Price, the Unit Price will be presumed to be correct. Said Unit Price shall be utilized by the City to calculate the correct Extended Price for determining potential award.

1.3.4 Alternate Bids for supplies or services, other than those specified, shall not be considered unless authorized by the IFB.

Bidders shall submit complete specifications on all Alternate Bids unless otherwise provided by this IFB.

1.3.5 Alternate Bids without complete specifications may be rejected. Alternate Bids and exceptions may be rejected.

1.3.6 Alternate Bids and exceptions to Bid clauses must be clearly noted on the Affidavit of Compliance Form.

1.3.7 Unless otherwise provided by the IFB, Bidders shall state a definite time for delivery of supplies or services after receipt of the order.

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

1.3.9 If the item has a trade name, brand, or catalog number, all such information shall be stated in the Bid.

1.3.10 Prices quoted are to be firm, final and shall include shipping F.O.B. Destination whereby all transportation charges shall be paid by the Contractor unless requested as a single line item.

1.4 SUBMISSION OF BIDS:

1.4.1 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.

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

1.4.3 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.

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

1.4.4 In submitting bids, the 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.

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

1.5 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 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.

1.6 CORRECTIONS: Corrections, 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 their authority to sign on behalf of the Bidder. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it.

1.7 CLARIFICATION AND ADDENDA:

1.7.1 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.

1.7.2 It shall be the responsibility of each Bidder, prior to submitting their Bid, to check the Division of Purchases e-bidding platform at https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029 to determine if addenda were issued and to make such addenda a part of their Bid.

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

1.9 IRREVOCABLE OFFER: No bid shall be withdrawn after the date and time set for opening Bids. All Bids shall, upon opening, constitute an irrevocable period of ninety (90) calendar days until one or more of the Bids have been duly accepted by the City.

1.10 RESPONSIVE AND RESPONSIBLE BIDDER: To be responsive, a Bidder shall submit a Bid that conforms in all material respects to the requirements set forth in this IFB. To be a responsible Bidder, the Bidder shall have the capability to fully perform 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.

1.11 QUALIFICATIONS OF BIDDERS: Each Bidder shall submit a Statement of Bidder's Qualifications with their bid submittal. The City shall have the right to take such actions as it deems necessary to determine the ability of the Bidder to perform the work contemplated by this IFB Bidders shall furnish to the City such additional information and data as may be requested and shall cooperate with the City in all respects. The City reserves the right to reject any bid where an investigation or consideration does not satisfy the City that the Bidder is qualified to properly carry out the contract documents' terms.

1.12 THE RIGHT TO AUDIT: The Bidder agrees to furnish supporting detail as may be required by the City to support charges or invoices, to make available for audit purposes all records covering charges pertinent to the purchase, and to make appropriate adjustments in the event discrepancies are found. The cost of any audit will be paid by the City. The City shall have the right to audit the Bidder’s records pertaining to the work/product for a period of three (3) years after final payment.

https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029%20 https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029%20

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

1.13 APPLICABLE LAW: All applicable laws and regulations of the State of Missouri and the City of Springfield, Missouri including the City’s Procurement Regulations and Procedures stated in the City Purchasing Policy shall apply to any resulting agreement, contract, or purchase order. Any involvement with City Procurement shall be in accordance with the City Purchasing Policy. The following is the link to the City Purchasing Policy:

https://www.springfieldmo.gov/DocumentCenter/View/7604/Purchasing-Manual-PDF

1.14 RIGHT TO PROTEST:

1.14.1 Appeals and remedies are provided for in the City Purchasing Policy. Protestors shall seek resolution of their complaints initially with the City Purchasing Agent.

1.14.2 Any protest shall state the basis upon which the solicitation or award is contested and shall be submitted within thirty

(30) calendar days after such aggrieved person knew or could have reasonably been expected to know of the facts giving rise thereto.

1.15 JURISDICTION: This IFB and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this contract be litigated, the venue shall be proper only in the Circuit Court of Greene County, Missouri.

1.16 ETHICAL STANDARDS: With respect to this IFB, if any Bidder violates or is a party to a violation of the general ethical standards stated in the City Purchasing Policy or the State of Missouri Statues, such Bidder may be disqualified from furnishing the goods or services for which the Bid is submitted and may be further disqualified from submitting any future Bids. A copy of the City’s General Ethical Standards is located in section 30.0 of the City Purchasing Policy. The following is the link to the City Purchasing Policy: https://www.springfieldmo.gov/DocumentCenter/View/7604/Purchasing-Manual-PDF

1.17 COLLUSION: By offering 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 organization, that in connection with this

IFB:

1.17.1 Any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or contract to restrict competition, as to any matter relating to such prices and/or cost data, with any other Bidder or with any competitor.

1.17.2 Any prices and/or cost data for this Bid have not knowingly been disclosed by the Bidder and shall not knowingly be disclosed by the Bidder prior to the scheduled opening directly or indirectly to any other Bidder or any competitor.

1.17.3 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.

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

1.17.5 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.

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

1.18 IFB FORMS AND EXCEPTIONS: Bids must be submitted on the attached City IFB Forms. However, additional information may be attached by the Bidder. Bidders must indicate any exceptions to the City’s requested specifications or terms and conditions, on the IFB Affidavit of Compliance. Taking exception to the specifications or terms and conditions MAY render a Bidder’s Bid non-responsive and may remove it from consideration for an award. All exceptions will be reviewed on a case-by-case basis and in compliance with the law and the City’s procurement regulations. If no exceptions are noted, Bidders shall fully comply with the City's requested specifications, requirements, and terms and conditions. By signing the Affidavit of Compliance without taking exception to this solicitation you are hereby agreeing to the City’s terms and conditions as stated herein. If you disagree with any part of this document, you must state the exception on the Affidavit of Compliance. Additional terms and conditions submitted with your response without taking exception to the solicitation will not be considered and will not become a part of the contract if your Bid is accepted or may render your Bid non-responsive.

1.19 BID DOCUMENTS: All blank spaces must be completed and filled with the appropriate response. The Bidder shall state the price for what is proposed by the Bidder 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 TITLE-SIGNATURE PAGE, Affidavit of Compliance, and any other requested or required documents as stipulated in section 2.4 COMPLIANCE, paragraph 2.4.1.

1.20 MODIFICATIONS OR WITHDRAWAL OF BID:

1.20.1 A Bid may only be withdrawn by the following method prior to the official opening date and time specified:

1.20.1.1 A Bid may be withdrawn via e-mail to the buyer identified on page one of this document, by the Bidder or its authorized representative.

1.20.2 A Bid may only be modified by the following methods prior to the official opening date and time specified:

1.20.2.1 A bid that has already been uploaded may be modified by uploading another bid document and identify “MODIFICATION” on your bid submittal.

1.20.3 All modified bids shall not be opened until the official opening date and time to preserve the integrity of the Bid process.

Telephone requests to modify a Bid/Solicitation shall not be honored. No modification or withdrawal of any response will be permitted after the bids’ specified official opening date and time.

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

1.22 ERRORS IN BIDS: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications of this Bid before submitting their Bids; failure to do so will be at the Bidder’s own risk. 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 Price for determining potential award.

1.23 PRICES BID: Give both unit price and extended total. The price shall be stated in units of the quantity specified in the Bidding

Specifications. In case of a discrepancy in computing the amount of the Bid, the unit price of the Bid will govern. Said Unit Price shall be utilized by the City to calculate the correct Extended Price for determining potential award. 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 the IFB.). Each item must be Bid separately, and no attempt is to be made to tie any item or items in with any other item or items.

1.24 PAYMENT TERMS: Payment terms shall be Net 30 if not otherwise specified. Pre-payment terms are not acceptable and shall not be considered. 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.

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

1.25 INVOICES: An original copy of the invoice shall be submitted for each purchase and shall show the purchase order number or contract number and shall contain full descriptive information of item(s) or service(s) furnished. All invoices must be received within one year after goods or services have been provided or invoices will be considered delinquent. The City of Springfield reserves the right to refuse payment of delinquent invoices unless prior arrangements have been made.

1.26 DISCOUNTS: Any discounts except cash discounts for prompt payments must be incorporated as a reduction in the Bid price and not shown separately.

1.27 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.

1.28 DEVIATIONS TO SPECIFICATIONS AND REQUIREMENTS: When Bidding on an “or 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.

1.29 SAMPLES (IF REQUIRED): For certain types of procurements, samples may be required. If samples are required, it will be stated in the IFB. The following conditions and requirements apply to all samples submitted.

1.29.1 The samples submitted by Bidders on items for which they have received an award may be retained by the City until the delivery of contracted items is completed and accepted. Bidders whose samples are retained may remove them after delivery is accepted.

1.29.2 Samples not retained must be removed as soon as possible after the award has been made on the item or items for which the samples have been submitted. The City will not be responsible for such samples not removed by the Bidder within thirty (30) days after the award has been made. The City reserves the right to consume any or all samples for testing purposes.

1.29.3 Bidders shall make all arrangements for the delivery of samples to the place designated as well as the removal of samples. The cost of delivery and removal of samples shall be borne by the Bidder.

1.29.4 All samples and packages shall be marked “Sample for Division of Purchases,” and each sample shall bear the name of the Bidder, item number, Bid number, and shall be carefully tagged or marked substantially. Failure of the Bidder to clearly identify samples as indicated may be considered a sufficient reason for rejection of the Bid.

1.30 QUALITY GUARANTY: If any product delivered does not meet applicable specifications or if the product will not produce the effect that the Bidder represents to the City, the Bidder shall pick up the product from the City at no expense. Also, the Bidder shall refund to the City any money which has been paid for same. The Bidder will be responsible for attorney fees in the event the Bidder defaults and court action is required.

1.31 QUALITY TERMS: The City reserves the right to reject any or all materials if, in its judgment, the item reflects unsatisfactory workmanship, manufacturing, or shipping damage.

1.32 TAX-EXEMPT: The City of Springfield, Missouri is exempt from sales taxes and Federal Excise Taxes: Missouri Tax ID Number

12493651 in accordance with Section 39 (10), Article 3, of the Missouri Constitution.

Revised: BC: 05/28/2024

1.33 BASIS OF AWARD:

1.33.1 Only firm Bids shall be considered.

1.33.2 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.

1.33.3 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.

1.33.4 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.

1.33.5 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.

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

1.34 EVALUATION OF BIDS:

1.34.1 When evaluating submitted Bids, the City may review, without limitation, the following: (1) the prior work experience of the Bidder; (2) financial statements; (3) the qualifications of submitted subcontractors, suppliers, and manufacturers to be used in the work; (4) data on the materials and equipment to be incorporated or used in the work; and (5) any other evaluation criteria which may be stipulated in the IFB. The proposed time of completion of the work or delivery of goods will also be considered a factor in the evaluation of bid responses.

1.34.1.1 Any evaluation criteria shall be stipulated in this solicitation document and will include the applicable points and scoring parameters for each identified evaluation criterion.

1.34.2 "Or Approved Equal" Clause. Whenever a material, article, or piece of equipment is identified on the plans or in the specifications by reference to manufacturer's or vendor's names, trade names, catalog numbers, or any other applicable information, such reference is intended merely to establish a standard. Therefore, any material, article, or equipment of other manufacturers and vendors that will reasonably perform adequately the duties imposed by the general design will be considered equally acceptable by the City provided the material, article, or equipment so proposed, is, in the exclusive opinion of the City, of equal substance and function. Substitute items may be rejected at the discretion of the City.

1.34.3 Whenever the name of a manufacturer is mentioned in the IFB and the words "or equal" do not follow, it shall be deemed that the words "or equal" shall follow such designations unless the designation "no substitutes" appears in the IFB. The City shall determine that the items Bid are equal, or it may request samples and proof thereof to determine if said items are equal unless approved before shipment. The 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 awarded price.

1.34.4 Bid submittals may also be evaluated on other criteria as stipulated in the IFB.

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

1.34.5 If stipulated as a Bid requirement, Bids will only be considered if they are submitted along with an Experience Statement which shall list projects and show satisfactory completion of work of comparable type and size to the work contemplated 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 subcontractors named in the Bid response.

1.34.6 The City reserves the right to consider cooperative contracts, and federal, state, municipal, and other governmental entities, during the evaluation process. The City may utilize a cooperative contract in lieu of making an award.

1.35 NOTICE OF RECOMMENDATION FOR AWARD (NORA): After considering the basis of award and evaluation of Bids, the City will within ninety (90) calendar days after the date of opening Bids, notify the successful Bidder that they have been recommended for award. The recommended Bidder shall have ten (10) days to submit any requested documents and to be in full compliance with the Bid requirements as identified in the NORA.

1.36 AUTHORIZED PRODUCT REPRESENTATIVE: The successful Bidder(s) by virtue of submitting the name and specifications of a manufacturer’s product will be required to furnish the named manufacturer’s product. By virtue of the submission of the stated documents, it will be presumed by the City that the Bidder(s) is legally authorized to submit, and the successful Bidder(s) will be legally bound to perform according to the documents.

1.37 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.

1.38 TERMINATION OF AWARD: Any failure of the Bidder to satisfy the requirements of the City shall be the reason for termination of the award. Any Bid may be rejected in whole or in part for a good cause when in the best interest of the City.

1.39 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. Bidder shall defend all suits or claims for infringement of any patent right and shall hold the City harmless from loss on account or cost and attorney’s fees incurred.

1.40 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 the City 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 award.

1.40.1 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 AFFIDAVIT OF COMPLIANCE form.

1.40.2 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.

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

1.42 BUDGETARY CONSTRAINTS: The City reserves the right to reduce or increase the quantity, retract any item from the Bid, or upon notification, terminate the entire contract without any obligations or penalty based upon the availability of funds.

1.43 ADDITIONAL PURCHASES BY OTHER PUBLIC AGENCIES: The Bidder by submitting a Bid authorizes other public agencies to

“Piggy-Back” or purchase equipment and services being proposed in this Invitation for Bid unless otherwise noted on the Affidavit of Compliance Form.

1.44 ORDER OF PRECEDENCE: Any and all Terms and 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

1.45 AFFIDAVIT FOR SERVICE CONTRACTS: The Bidder represents, in accordance with RSMo. 285.530.2 that they have not employed, or subcontracted with, unauthorized aliens in connection with the scope of work to be done under the IFB and agree to provide an affidavit to the City of Springfield affirming that they have not, and will not in connection with the IFB, knowingly employ, or subcontract with, any person who is an unauthorized alien.

1.46 INSPECTION AND ACCEPTANCE: All material that is discovered to be defective or which does not conform to any warranty of the

Contractor herein may be returned at the Contractor’s expense for full credit or replacement. No goods returned as defective shall be replaced without the City’s written authorization. Such a return shall in no way affect the City’s discount privileges. Such right to return, offered to the City arising from the City’s receipt of defective goods, shall not exclude any other legal, equitable, or contractual remedies the City may have, therefore.

1.47 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 consist of (1) the applicable contract document, (2) the Invitation for Bid, and any 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.

1.47.1 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.

1.48 LOCAL VENDOR PREFERENCE:

1.48.1 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.

1.48.2 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 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.

1.48.3 Nothing in this section shall prohibit the City from evaluating bids and proposals on factors aside from the potential bidder’s office location nor from rejecting non-responsive or non-responsible bids.

1.49 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 that they consider confidential and/or proprietary and that they believe to be exempt from disclosure, citing specifically the applicable exempting law.

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

1.49.1 Failure of Bidders to cite specifically to the applicable law exempting disclosure under the Sunshine Law may result in 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”. Identification of claimed confidential or proprietary information does not guarantee that such information may not be disclosed pursuant to applicable law.

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

2.0 SPECIFIC REQUIREMENTS OF BID:

2.1 RENEWAL OPTION:

2.1.1 The City reserves the right to renew this contract for four (4) additional one-year renewal terms.

2.1.2 Adjustments in cost at the beginning of each renewal period must be agreed to by both parties. All requested increases must be accompanied by justification acceptable to the City to establish allowable renewal term pricing.

2.1.3 If the Contractor requests an increase in compensation for any renewal period, the Contractor 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 City of increased costs incurred by the Contractor for any element of the contract for which an increase is requested.

2.1.4 The Buyer conducting this solicitation shall notify the Contractor in writing of the intent to exercise the renewal option.

However, failure to notify the Contractor does not waive the City’s right to exercise the renewal option.

2.2 LICENSES AND PERMITS: The successful Bidder shall secure licenses imposed by law and ordinance and pay all charges, which shall include 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 Division of Purchases to be kept in the Bid file as part of the permanent record. Any building permits that would be required for new work shall be provided by the City at no cost to the Bidder. If applicable, it shall be the responsibility of the successful Bidder to obtain a business license. To apply for a business license go to https://www.springfieldmo.gov/2171/Business-License-Applications A business license shall not be required if the awarded Contractors’ place of business does not reside in the City of Springfield city limits and is only delivering products or equipment.

2.3 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.

2.4 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.

2.4.1 To be provided with Bid submittal:

• Page 1 – TITLE-SIGNATURE PAGE

• Section 5.0 – Pricing Page

• Section 10.0 – List of References and Experience

• Section 11.0 – Affidavit of Compliance

• Section 12.0 – Certification Regarding Potential Conflicts of Interest

• Section 15.0 Statement of “No Bid” (if applicable)

• Executed Addendum(s) (If Applicable)

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

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

• 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 (Refer to Form 9.0)

• E-Verify Signature Page: https://www.e-verify.gov/faq/how-do-i-get-a-copy-of-the-memorandum-of-understanding-mou (Refer to Form 9.0)

• Form 10.0- Certification of Compliance with Section 34.600 RSMo. (Anti-Discrimination Against Israel Act).

• 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.

https://www.springfieldmo.gov/2171/Business-License-Applications 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 Reviewed by Law: 01/08/2024

• Form 13.0-Certification of Compliance Section 34.600 RSMo., et. seq.

• Form 14.0-Certification of Signature Authority Form

• Form 16.0-Concrete Mix Design Submittal Form

2.5 CONFLICT: By submission of its response, the bidder certifies that they are in compliance with items 2.5.1 through 2.6.4.

2.5.1 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. The 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. Please be aware that you have a duty to disclose any member of your business that has a position on a City of Springfield board or commission, is a City Council Member, a City employee, spouse, or dependent child of a City employee. Failure to do so may render the contract with the City of Springfield void and result in the board member City Council member or City Employee forfeiting his or her job with the City. Additionally, it may be a violation of state law. If you would like more information, contact the City or review City Charter Section 19.16 and Section 105.452 RSMo.

NOTE: COMPLETION AND SUBMITTAL OF ITEM 9.0 CERTIFICATION REGARDING POTENTIAL CONFLICTS OF INTEREST MUST BE

SUBMITTED WITH YOUR BID RESPONSE TO BE CONSIDERED RESPONSIVE.

2.6 DEBARMENT AND SUSPENSION STATUS:

2.6.1 The Bidder is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any government agency, nor is the Bidder an agent of any person or entity that is currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from the covered transaction by any government agency.

2.6.2 The Bidder has not within three years preceding this Invitation been convicted of or had a civil suit judgment rendered against the Bidder for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making a false statement, or receiving stolen property.

2.6.3 The Bidder is not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with the commission of any of the offenses enumerated above.

2.6.4 The Bidder has not, within the three years preceding this Invitation, had any government (federal, state, or local) transactions terminated for cause or default.

2.7 MISSOURI REGISTRATION: 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 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.

2.8 PRICING: All pricing shall remain firm and fixed for the contractual term.

2.9 AWARD: A Contract shall be awarded to that responsible and responsive bidder whose bid, conforming to the Invitation for Bid, will be most advantageous (lowest price and best value) to the City.

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

Revised: BC: 05/28/2024

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

2.10.1 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

2.10.2 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.

2.11 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 a 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.