Instructions_to_Bidders.pdf

Instructions- 7 pages

INSTRUCTIONS TO BIDDERS

1. Possible Disqualification: Failure to comply with any of the below instructions may disqualify the bidder.

2. Identification of Materials: Identify the item to be furnished by brand or manufacturer's name and catalog numbers. Also furnish specifications and descriptive literature.

3. Alternate Products: If, and wherever, a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned in the City’s specifications, it is for the purpose of establishing a grade of quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR APPROVED EQUAL is added.

However, if a product other than that specified is bid, it is the vendor's responsibility to submit an attachment to the bid as per Section 4 below and to provide evidence that said product is equal to the product specified and to submit brochures, sample, and/or specifications in detail on items bid.

Evidence in the form of samples may be requested if brand is other than specified. Such samples are to be furnished with the bid proposal. If samples should be requested, such samples must be received by the City, no later than seven (7) days after the formal request is made. When required, the City may request full demonstrations of any unit(s) bid prior to the award of any contract. Samples, when requested, must be furnished free of expense to the City and, if not used in testing or destroyed will, upon request, within thirty (30) days of bid award, be returned at the bidder's expense.

4. Alternates: If the bidder wishes to suggest an alternate, it must be submitted in an attachment to the bid.

5. Variations: For purposes of evaluation, bidder must indicate any variations from City specifications, terms and/or conditions, no matter how slight. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with City specifications, terms and conditions. The City also reserves the right to waive minor variations from the specifications (Interpretation of "minor variance" will be made by applicable City Department personnel).

6. Purchasing of Construction Materials on a Tax Exempt Basis: Pursuant to Chapter

144.062 RSMO, as amended, Contractors or subcontractors who make direct purchases of materials and or supplies with a value of one thousand dollars ($1,000.00) or more for the purpose of constructing, repairing, or remodeling facilities to fulfill their contracts with the City, are exempt from paying sales tax. The City shall furnish to the Contractor an exemption certificate, issued by the State of Missouri, authorizing such purchasing.

The Contractor will be required to furnish the exemption certificate to all subcontractors, and any Contractor purchasing materials shall present this certificate to all material suppliers as authorization to purchase, on behalf of the City of Florissant, all tangible personal property and materials to be incorporated into or consumed in the construction of that project on a tax-exempt basis. Any excess personal property or materials purchased under a project exemption certificate shall either be returned to the supplier for credit or the appropriate sales or use tax shall be reported on a return and paid by the Contractor.

In order to qualify for this tax-exempt project, the following method will be used and the following conditions will be adhered to:

a) Monthly project invoices are to be billed to the City by the Contractor (with bid number and purchase order numbers noted). No sales tax shall be included in the invoices.

b) Invoices by subcontractors, suppliers, and vendors shall be billed to the Contractor, also showing the project name, bid number, and no sales tax.

c) A copy of the Missouri Project Exemption certificate issued by the City will be supplied to the Contractor. The City shall specify a consistent bid/P.O. number that will be used by the Contractor for the duration of the project.

d) A copy of the City's current tax exemption certificate issued by the State of Missouri will also be provided to the Contractor.

e) The Contractor named on the Missouri Project Exemption Certificate will make all payments to subcontractors, suppliers and/or vendors.

All invoices for supplies and materials purchased under a project exemption certificate are to be retained by the purchasing Contractor for five years and are subject to audit by the Director of Revenue.

Suppliers shall execute (to the purchasing Contractor) invoices bearing the name of the exempt entity and the project identification number. The purchase of any construction machinery, equipment or tools used on the project is not exempted from taxation.

It shall be the responsibility of the Contractor to request copies of exemption certificate(s) from the City of Florissant to be used by him or any of his subcontractors for this project prior to purchasing materials for this project. All requests shall be sent to:

City of Florissant Public Works Department (Attn: Director of Public Works) 955 Rue St. Francois Florissant, Missouri 63031

7. Buy United States Products: By Resolution No. 688, adopted October 26, 1987 by the Florissant City Council, the City has adopted a policy favoring the purchase of products manufactured, assembled or produced in the United States of America.

8. Point of Ownership of Materials: The City of Florissant expressly denies responsibility for, or ownership of, any item purchased until the same is delivered to the City and is accepted by the Purchasing Director.

9. Examination of Site, Plans, etc.: Bidders must carefully examine the entire site of the work and shall make all necessary investigations to inform themselves thoroughly as to the facilities available, and to inform themselves thoroughly as to all the difficulties involved in the completion of all work in accordance with the specifications and the plans hereto attached. Bidders are also strongly encouraged to examine, during normal business hours, all maps, plans and data mentioned in the specifications as being on file at the office of the Department of Public Works, City Hall, Florissant, Missouri, for examination by bidders.

10. Prevailing Wage Requirement: The proposal for this Contract shall be based upon the required payment by the Contractor of prevailing hourly rate of wages for each craft or type of workman required to execute the Contract as determined by the Department of Labor and Industrial Relations of Missouri.

11. Equal Employment Opportunity: All contractors are encouraged to not discriminate against any employee, applicant for employment, subcontractors or suppliers because of race, color, religion, sex or national origin, and to utilize minority businesses when possible.

12. Ordinance 5967, Section 1: All business entities contracting with the City of Florissant for construction, repairs, maintenance and service projects of the City funded with tax revenues of the City of Florissant are urged to employ residents of the City of Florissant to work on such projects, and are further encouraged to urge their subcontractors to employ City of Florissant residents on such projects. (Per Ordinance #5967, adopted May 27, 1997 -effective May 28, 1997)

13. Federal Apprenticeship Policy: The City seeks to ensure that the highest quality workmanship will be performed on its projects and to do so, will employ on the projects workers who have satisfactorily completed apprenticeship programs developed and operated by the Building Trades in accordance with the policy recommendations, dated January 28, 1992, of the Federal Committee on Apprenticeship, U.S. Department of Labor, Employment and Training Administration, Office of Work-Based Learning, Bureau of Apprenticeship and Training (the "Policy Recommendation"). All bidders are required to certify in their bids the percentage of their workmen for the project which have satisfactorily completed such a program for the type of work they will be performing. (Per Ordinance #5967, adopted May 27, 1997 - effective May 28, 1997)

14. Safety Training: Effective August 28, 2009, bidders are informed that the project is subject to the requirements of Section 292.675 RSMo, which requires all contractors and subcontractors doing work on the project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration (OSHA) or a similar program approved by the Missouri Department of Labor and Industrial Relations that is at least as stringent as an approved OSHA program. If on-site employees had not previously completed such training, the training must be completed within sixty (60) days of the date, work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation.

15. Notice of Penalties for Failure to Provide Safety Training.

a. Pursuant to Section 292.675 RSMo, contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500), plus one hundred dollars ($100) for each on-site employee employed by Contractor or its subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required in Section 14 above.

b. The penalty described in Subsection a. of this Section shall not begin to accrue until the time periods described in Section 14 above have elapsed.

c. Violations of Section 14 above and imposition of the penalty described in this Section shall be investigated and determined by the Missoµri Department of Labor and Industrial Relations.

16. Subcontracts: The successful bidder shall furnish a complete list of the names of the subcontractors and major material suppliers proposed for all parts of the work. The Contractor shall not sublet more than 50 percent of the total value of this contract. The prime Contractor shall accomplish the majority of the work performed under this contract.

The Contractor shall indicate in the bid that percentage of work to be performed by subcontractors.

17. Scheduling of Work and Interference With Traffic: The Contractor's work must be scheduled and accomplished in stages such that local traffic is maintained during construction. It shall be the Contractor's responsibility to provide a one-way traffic way that is usable in all weather conditions.

No direct payment will be made for temporary guardrail, barriers, signs, light, or other work as may be necessary to maintain traffic and to protect the work and the public; but the cost thereof shall be included in the price bid.

18. Hours of Work: The Contractor is not to work outside the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, without the prior approval of the Director, or his representative, or on Holidays, unless previously arranged with and approved by the City.

19. Time of Commencement and Time of Completion: Unless the times are specified by the City in the bid documents, the Bidder shall state the estimated time of commencement or starting the work and the estimated time of delivery or completion of all work contemplated by the bid.

20. Timeliness of Performance: The City of Florissant reserves the right to cancel all or any part of orders if delivery is not made or work is not started as required by the bid documents or as stated by the bidder. In case of delay, the vendor or contractor must notify the City Purchasing Director. Failure to timely deliver may disqualify bidder from future bidding.

21. Invoices and Payment: All invoices shall be submitted to the Department of Finance. Said invoices shall be due and payable within (30) days following written approval by the proper Department Director. At the option of the City, all cash discounts that are offered will be taken within the specified days following Director's approval.

22. ADA Compliance: It shall be the responsibility of all bidders to warrant that all goods, services and/or work to be procured and/or performed under the proposed contract shall conform to and/or be performed in compliance with all applicable federal, state and local statutes, ordinances and codes including, but not limited to, the Americans with Disabilities Act of 1990. Failure to comply in any manner with applicable statutes, ordinances or codes shall result in said contractor replacing the goods, services and/or work performed in order to effect compliance, or in liquidated damages in the amount required to effect compliance with said statutes, ordinances and codes, together with any costs associated with collection of said damages.

23. Addendum: If any prospective bidder is in doubt as to the true meaning of any part of the

Information for Bidders or any other part of this bid, he may submit a question to the contact person listed in the bid solicitation to request an interpretation thereof. Any interpretation of the proposed documents will be made by addendum duly issued. The City will not be responsible for any other explanations or interpretations.·

24. Late Bid Information: Any bid received by the Purchasing Dept. after stated opening time shall not be honored by the City of Florissant. There will be NO EXCEPTION. It is the responsibility of the bidder to insure delivery of his bid to the Purchasing Dept. prior to stated time of bid opening.

25. Bid Opening: The bid opening shall be conducted on the date and time specified via electronic video conference media such as Zoom, or in person at an office or conference room in the Florissant City Hall, 955 Rue St. Francois, Florissant, MO 63031. Anyone who would like to attend the bid opening and requires an accommodation due to a disability, please contact the Purchasing office at 839-7621 or the TDD phone at 839-5142.

26. Inclement Weather and Bid Opening: The City of Florissant reserves the right to hold unopened bids and delay the scheduled bid opening if weather conditions are such that City offices are closed and / or purchasing staff is not available. Information may be obtained by calling the purchasing department at 314-839-7621 or accessing the OpenGov Procurement portal.

27. Award Of Contract, Rejection Of Bids: The Contract will be awarded to the lowest qualified bidder who, in the opinion of the City, is responsible and capable of completing the project, as determined by evaluation of the documents submitted in the bid. The City, however, reserves the right to reject any and all bids and to waive all informalities in bids received whenever such rejection or waiver is in its interests.

28. Reservation for Rejection and Award: The City of Florissant reserves the right to accept or reject any or all bids or parts of bids, to waive irregularities and technicalities, and to request rebids on the required materials. The City also reserves the right to award the contract on such material the City deems will best serve its interests. It further reserves the right to award the contract on a split order basis, lump sum , or individual item basis, or such combination as shall best serve the interests of the City, unless otherwise stated.

29. Information on Bid Results: Only the company (or companies, if awarded on a split bid basis) awarded the bid will receive written notification of such. All others may view the official records at the Purchasing Office. Written requests for bid tabulations will be given consideration as they are received by the Purchasing Director.

30. Contract: The successful bidder shall execute a contract agreement with the City. The agreement shall be completed within ten (10) days after notice of contract award. The agreement shall be executed and returned to the City.

31. Performance and Payment Bonds: Contractor shall procure and maintain a performance and payment bond (the "Bond") for the benefit of the City of Florissant ("City") as required by the laws of the State of Missouri and in an amount not less than 100% of the aggregate amount of the Contract. The Bond shall serve as security for the faithful performance of this Contract, including maintenance provisions, and for the payment of all persons performing labor and furnishing materials in connection with this Contract. The premiums on the Bond shall be paid by the Contractor. The Bond shall remain in full force and effect during the life of the Contract and during the term of any warranty required by the specifications and shall be held in the custody of the Director of Purchasing and/or the appropriate department head. Contractor represents, warrants and guarantees, and Contractor shall also furnish to City, a certificate of authority or some other evidence as deemed appropriate by Director of Purchasing and/or the appropriate department head, establishing that the Bond is from a surety that is: authorized to do business in the State of Missouri, authorized to become surety on the bonds or obligations of persons or corporations, solvent with paid-up capital of not less than the applicable amount provided by the laws of Missouri, and, if organized outside the State of Missouri, in compliance with all the provisions of Missouri law relating to insurance companies other than life insurance companies, If, at any time, City shall become dissatisfied with any surety or sureties, or if for any other reason the Bond shall cease to be adequate security for City, Contractor shall, within ten (10) days after notice from the Director of Purchasing and/or the appropriate department head, substitute an acceptable bond (the "Additional Bond") in form and sum and signed by other sureties as may be satisfactory to City. The premiums on the Additional Bond shall be paid by Contractor. All requirements herein applicable to the Bond shall also be applicable to the Additional Bond. No further partial payments to Contractor shall be deemed due, nor shall be made until the sureties on the Additional Bond shall have qualified.

Contractor shall furnish to City such Bond together with insurance or other documents required by the Contract. The current power of attorney for the persons who sign for any surety company shall be attached to the Bond. The power of attorney shall be sealed and certified with the manual signature of an officer of the surety. A facsimile signature will not be accepted by the Director of Purchasing and/or the appropriate department head.

32. Default by Contractor: The failure of the Contractor to supply the required Bond along with the evidence of the required insurance coverage and other documents required by the Contract within ten (10) days after the executed acceptance is received by the Contractor, or within such extended period as the Director of Purchasing and/or the appropriate department head may grant, based upon reasons determined sufficient by the Director of Purchasing and/or the appropriate department head, shall constitute a default, and the City may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the Contractor the difference between the amount of his/her bid and the amount for which a contract for the work is subsequently executed. If a more favorable bid is received by re-advertising, the defaulting Contractor shall have no claim against City for a refund. Because of the difficulty of ascertaining the damages caused to City, said sum shall be considered liquidated damages and shall not constitute a penalty.

33. Contractor Representative: The successful bidder shall designate in writing the name of a representative who will receive and implement all oral and written instructions and orders given by the designee of the City. The Contractor's representative shall be present on the job site at all times during the execution of this contract. It shall be the responsibility of the Contractor to notify the City if a change in supervisory personnel is made during the contract.

34. Pre-Construction Conference: A pre-construction conference may be held prior to the issuance of a Notice to Proceed with the work. The Contractor, all subcontractors and the City's Project Manager will attend this meeting. The meeting date will be established after the bid award and at a time convenient to all parties.