invitation for bid #028-2022 westwood avenue …

CONSTRUCTION IFB #028-2022

of 71 Revised: BC: 5/8/2020

Approved by Legal: RETURN THIS PAGE

CITY OF SPRINGFIELD, MISSOURI DIVISION OF PURCHASES

Buyer: Margaret Juarez, Buyer Email: [email protected] Phone: 417-864-1621

INVITATION FOR BID #028-2022

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:

WESTWOOD AVENUE STORMWATER IMPROVEMENTS (2019PW0042)

BIDS MUST BE UPLOADED INTO DEMANDSTAR E-BIDDING SYSTEM PRIOR TO 3:00 P.M.(CST) ON TUESDAY, OCTOBER

12, 2021. Bids shall be read publicly via videoconference through Zoom. Please email the Buyer for the link to participate.

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

• The cutoff for any questions pertaining to this bid is OCTOBER 5, 2021.

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

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: https://network.demandstar.com/wp-

content/uploads/2020/04/DemandStar-2020-Users-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 AM to 7:00 PM 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

AM to 5:00 PM 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.

A pre-bid conference is scheduled for SEPTEMBER 28, 2021 at 10:00 AM (CST). The pre-bid conference shall be conducted via

videoconference through Zoom. A Zoom link and password will be emailed to all plan holders on DemandStar. You may also email

the Buyer, Margaret Juarez ([email protected]) for the link and password. The Pre-Bid Conference is not mandatory;

however, attendance is strongly advised.

The undersigned certifies that he/she has the authority to bind this company in a contract to supply the service or commodity in accordance with all terms and conditions specified herein. Please type or print the information below.

mailto:[email protected]

https://www.demandstar.com/registration

https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fnetwork.demandstar.com%2Fwp-content%2Fuploads%2F2020%2F04%2FDemandStar-2020-Users-Guide_.pdf&data=02%7C01%7C%7C5fabe21860454ff01d4508d7f0380e33%7C1a6b7a9a56bb44a99b98a86cbee94744%7C0%7C1%7C637241995862562779&sdata=24fU%2BXAGpx5N1VzrBPOJqZv4%2FjOmKKyy%2BqSuGBTnq94%3D&reserved=0

https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fnetwork.demandstar.com%2Fwp-content%2Fuploads%2F2020%2F04%2FDemandStar-2020-Users-Guide_.pdf&data=02%7C01%7C%7C5fabe21860454ff01d4508d7f0380e33%7C1a6b7a9a56bb44a99b98a86cbee94744%7C0%7C1%7C637241995862562779&sdata=24fU%2BXAGpx5N1VzrBPOJqZv4%2FjOmKKyy%2BqSuGBTnq94%3D&reserved=0





Respondent 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 State of Missouri Charter Number or Exemption Number


of 71 Revised: BC: 5/8/2020 Approved by Legal:

TABLE OF CONTENTS:

Cover Title-Signature Page Page 1

Table of Contents Page 3

Scope Page 4

Instructions to Bidders Page 5

Specific Requirements of Bid Page 14

Standard Terms and Conditions Page 19

Insurance Requirements Page 25

Specifications Page 27

Bid Form Page 28

Subcontractors List Page 31

Contractor Statement of Qualifications Page 32

List of References and Experience Page 34

Affidavit of Compliance Page 35

Certification Regarding Potential Conflicts of Interest Page 36

Anti-Collusion Statement Page 37

Stormwater Loan and Grant Projects Procedures for Implementation - MBE/WBE Utilization Worksheet Page 38

Domestic Products Procurement Act – RSMo 34.350 – 34.359 Certification Page 44

Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization Page 45

Statement of “No Bid” Page 49

Forms to be used by the Awarded Vendor Page 50

Prevailing Wage: AWO 28 Page 72

ATTACHMENT 1: Job Special Provisions

ATTACHMENT 2: City of Springfield Plan Set

ATTACHMENT 3: City Utilities Plan Set

ATTACHMENT 4: City Utilities Project Documents

REFERENCE: 2019 General Conditions and Technical Specifications

https://www.springfieldmo.gov/DocumentCenter/View/44629/Oct-2019-General-Condition-and-Technical-Specifications




SCOPE: The City of Springfield is seeking qualified contractors to perform the installation of an underground storm system

beginning at the detention basin at Wayland St and Westwood Ave, continuing along Westwood Ave, and ending at the detention

basin located at Seminole St and Nettleton Ave. This project consists of clearing and grubbing trees, grading within the detention

basin located at Westwood Ave and Wayland St, installation of a new water quality control structure and concrete trickle channel,

installation of approximately 1100 LF of reinforce concrete storm pipe with depths of up to 15’, curb and gutter, sidewalk, driveway,

and pavement replacement, and installation of erosion control and traffic control measures. City Utilities Gas and Water relocations

will be required for this project.



1.0 INSTRUCTION TO BIDDERS

1.1 PRE-BID CONFERENCE: A pre-bid conference will be held on TUESDAY, SEPTEMBER 28, 2021 at 10:00 AM (CST). The pre-bid

conference shall be conducted via videoconference through Zoom. A Zoom link and password will be emailed to all plan

holders on DemandStar. You may also email the Buyer, Margaret Juarez ([email protected]) for the link and

password. The Pre-Bid Conference is not mandatory; however, attendance is strongly advised.

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. Until further notice due to the current Corona Virus (COVID-19) Pandemic and in

accordance with social distancing recommendations by the Center for Disease Control (CDC), bids shall be read publicly via

videoconference through Zoom. Please email the Buyer for the link to participate.

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 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 is OCTOBER 5, 2021.

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 ADDENDUM: 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=548029https://www.demandstar.com/

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 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 of their work as will not cause any interruption or interference with any other

Contractor.

1.5.1 Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to

the site is based upon information and data furnished to the City by owners of such underground facilities or others,


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

https://www.demandstar.com/




and neither the City nor the Engineer assumes any responsibility for the accuracy or completeness thereof unless it is

expressly provided otherwise in the Special Provisions.

1.5.2 Before submitting a bid each Bidder will be responsible to make or obtain such explorations, tests, and data

concerning physical conditions (surface, subsurface and underground facilities) at or contiguous to the site, or

otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems

necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price,

and other terms and conditions of the Contract Documents. If bidder elects to make explorations in public street

right-of-way, an excavation permit must be obtained from the office of the Traffic Operations Division of the Public

Works Department.

1.5.3 CAUTIONARY NOTE REGARDING KARST FEATURES: The predominant limestone strata in the Springfield area is

extensively weathered resulting in the formation of numerous karst features: caves, springs, sinks, losing streams,

cherty clay residuum, etc. In many areas stream erosion has removed the residuum and rock is at or very close to the

surface, whereas in other areas as much as 40 feet of residuum remains. The contact between the bedrock and the

residual soil is extremely pinnacled. Bedrock pinnacles commonly have 1015 feet of relief and as much as 30 feet.

Typically, the limestone pinnacle s project vertically upward from narrow bedrock lows or cutters between the

pinnacles. Locally, a mass of limestone may be “floating” with clay surrounding the large limestone block.

1.5.3.1 Karst features are likely to exist beneath the surface on the project site, which was not detected by the City’s

investigation, and which is not depicted in the project drawings. Contractor expressly acknowledges by

submission of a bid proposal that no representations are made in the project drawings or plans as to either

the presence or absence of karst features and Contractor agrees to be stopped from making any claims to the

contrary.

1.5.3.2 Boring logs and geotechnical report are included in the Bid Documents. Geotechnical information is

presented as-is and was collected for design purposes only. The information is provided to the contractor

for informational use only and not for the purpose of estimating quantities of earth, rock, or groundwater to

be encountered in the scope of work.

1.5.4 POTENTIAL FOR HISTORICAL & ARCHEOLOGICAL DEPOSITS: All Bidders shall review the job special provision

pertaining to historical and archeological deposits. If a deposit is found during construction activities Contractor shall

be responsible to compile with the requirements in the job special provision.

1.5.5 Each bidder, upon request in advance, will be provided access to the site to conduct such explorations and tests as

each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its

former condition upon completion of such explorations.

1.5.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands

designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands

and access thereto required for temporary construction facilities or storage of materials and equipment not shown on

the plans are to be provided by Contractor.

1.6 QUANTITIES AND MEASUREMENTS: Quantities and measurements provided herein, and, on the plans, set are estimates only.

Actual quantities and/or measurements may vary. The Contractor shall be responsible for 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 type 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 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.

1.8 PREPARATIONS 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 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 calendar days, will include Saturdays, Sundays, and holidays.

1.8.4 In submitting Bids, Bidder agrees that the City of Springfield shall have ninety calendar (90) days in which to accept or

reject any of the Bids submitted unless otherwise specified on the Bid page.

1.8.5 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/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029 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 Bidder of all anti-trust claims that Bidder may have under the Federal

and State laws resulting from this Contract.

1.9.4 In submitting bids, 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.

1.9.6 Any Bids received after the stated time and date will not be considered. It shall be the sole responsibility of the Bidder

to have their Bid delivered to the Division of Purchases for receipt on or before the stated due date and time.




1.9.7 E-mailed, hand delivered, or faxed Bids will not be accepted.

1.9.8 Submission of a Bid constitutes an assignment by Bidder of all anti-trust claims that Bidder may have under the Federal

and/or State laws resulting from this Contract.

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 the SAME on their W9 and Certificate of Insurance (COI). Bids may be manually, electronically or digitally signed above

the printed name and title of 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 Bid Form 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 by the Bidder.

1.12 IRREVOCABLE OFFER: Any Bid may be withdrawn up until the due date and time set for 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.

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 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 Contractor shall in good faith defend, and Contractor shall not sue the City on behalf of the subcontractor or

subcontractor's claims except when Contractor is defendant in a subcontractor's suit, and then only pursuant to the rules of

third part practice under Rule 52.11 Missouri Rules of Civil Procedure.

1.15.1 SUBCONTRACTORS LIST: The names, addresses, and proposed work items of 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 bid opening shall not constitute good cause for such substitution.



1.15.2 The Contractor shall, as a minimum, perform with his own organization work amounting to not less than forty (40%)

percent of the total contract cost to be eligible for a bid award. The percentage of work to be performed shall be

computed using the bid items as shown on the bid proposal and the unit prices as submitted by the Contractor. No

breakdown of the bid items will be allowed, such as breaking an excavation bid item into labor, equipment, fuel, etc.

The unit prices used in the computation will be the bid price on the bid proposal, not the price the Contractor is to pay

the subcontractor. The contract value of items so designated as specialty items in the contract by the Special

Provisions when subcontracted, may be deducted from the total contract price before computing the amount of work

required to be performed by the prime contractor.

1.15.3 No subcontractor shall further subcontract any of his work.

1.15.4 OBJECTION: If after due investigations 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 declining 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 to 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 attached City IFB Forms, however additional information may be attached.

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, Affidavit of Compliance with other requested documents.

1.19 DEVIATIONS TO SPECIFICATIONS AND REQUIREMENTS: When bidding on an “approved equal,” Bids must be accompanied

with 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 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. 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 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 place of

acceptance and receipt of correct invoice at the office specified.

1.23 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.

1.24 ERRORS IN BIDS: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions,

requirements, and specifications before submitting 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 error of extension of

prices in the Bid, the unit price shall govern.

1.25 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.

1.26 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 materials specified are discontinued, replaced, or not available for an extended period of time.

1.27 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 Contractors responsibility to provide the documentation to any Subcontractor. These documents

will be used solely for purchase of materials being 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 which may be related to

the construction of the project.

1.28 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.



1.29 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.

1.30 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 award.

1.30.1 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 10.0 AFFIDAVIT OF COMPLIANCE.

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

1.32 BUDGETARY CONSTRAINTS: The City reserves the right to reduce or increase the quantity, retract any item from the Bid, or

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

1.33 ORDER OF PRECEDENCE: Any and all Special/General Conditions and Specifications attached hereto, which varies from the

Instruction to Bidders, shall take precedence.

1.34 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) 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.

1.34.1 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.

1.35 LOCAL VENDOR PREFERENCE:

1.35.1 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.

1.35.2 Non-commodities (when applicable) - For procurements of non-commodities the City should take into account factors

such as impact on the local economy, time of delivery, maintenance, 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.

1.36 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 disclosure of such information. Bidders should identify any

information as confidential and/or proprietary by stamping each page with such information “Confidential” and/or

“Proprietary”.

1.37 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.

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

1.38.1 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

1.38.2 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.

1.39 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. This section shall not apply to

contracts with a total potential value of less than one hundred thousand dollars or to contractors with fewer than ten people.

1.40 MINORITY BUSINESS ENTERPRISE AND WOMEN OWNED BUSINESS ENTERPRISE, DOMESTIC PRODUCTS, & UNAUTHORIZED

ALIENS REQUIREMENT:

1.40.1 MBE-WBE: All bidders are required to complete and submit an MBE-WBE Utilization Worksheet. Bidders shall review

the job special provisions for details pertaining to MBE-WBE requirements, fair share objectives, and required bid

forms.

1.40.2 DOMESTIC PRODUCT PROCUREMENT: Responsive Bidder is required to complete and submit Domestic Products

Procurement Act Form, for review with bid.

1.40.3 EMPLOYMENT OF UNAUTHORIZED ALIENS PROHIBITED: All bidders are required to complete and submit a Federal

Work Authorization Affidavit and E-Verify form. Pursuant to §285.530.1, RSMo, the contractor assures that it, as well

as its subcontractors do not knowingly employ, hire for employment, or continue to employ an unauthorized alien to

perform work within the State of Missouri, and shall affirm, by sworn affidavit and provision of documentation, its

enrollment and participation in a federal work authorization program with respect to the employees working in



connection with the contracted services. Further, the contractor assures that it, as well as its subcontractor shall sign an

affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the

contracted services. In accordance with sections 285.525 to 285.550, RSMo a general contractor or subcontractor of

any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates

subsection 1 of section 285.530, RSMo if the contract binding the contractor and subcontractor affirmatively states that

the direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo and shall not henceforth

be in such violation and the contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting

to the fact that the direct subcontractor’s employees are lawfully present in the United States.



2.0 SPECIFIC REQUIREMENTS OF BID:

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

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 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

2.2 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 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 of five (5)

percent of the amount of the total bid price.

2.3.1.1 Surety Companies executing bonds must appear on the Treasury Departments most current list (circular 570 as

amended) and be authorized to transact business in Missouri.

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 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 Contractors'

responsibility to notify his surety of any changes affecting the general scope of the work or change 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

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

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



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.

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. 27, 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.

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 Owner’s Project Manager 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 30 days of receipt of payment. (Section 290.095, RSMo)

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)



2.6 COMPLIANCE: The following items shall be provided by Bidder to the City of Springfield Purchasing Division:

Bidder shall complete the bid document in its entirety. To be considered complete and responsive, Bidder must submit those Pages

of this Bid document identified as “RETURN THIS PAGE”. Failure to do so could be grounds for the rejection of their Bid due

to non-compliance.

2.6.1 To be provided with Bid submittal on forms provided herein:

• Page 1-TITLE-SIGNATURE PAGE

• Section 6.0 – Bid Form

• Section 7.0 – Subcontractor List

• Section 8.0 – Contractor Statement of Qualifications

• Section 9.0 – List of References and Experience

• Section 10.0 – Affidavit of Compliance

• Section 11.0 – Certification Regarding Potential Conflicts of Interest

• Section 13.0 – Anti-Collusion Statement

• Section 14.0 – MBE-WBE Worksheet

• Section 15.0 – Domestic Products Procurement Act Form

• Section 16.0 – Completed Business Entity Certification Form

• Executed Addendum(s)

• Bid Bond

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

• Proof of Business License

• Performance Bond

• Labor and Material Payment Bond

• 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

• W-9 (new vendor only). 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.

• The ten (10) hour on site OSHA construction safety training requirements are applicable for work completed under this Contract. 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 prior to starting work:

• Traffic control plan

2.6.4 To be provided monthly with construction payments:

• Payroll complying with Prevailing Wage Requirements

2.6.5 Items required to be submitted prior to final payment:

• Certificate of Compliance and Affidavit

o All subcontractors, material and equipment used on the project have been paid.

o All workmen performing work under contract have been paid prevailing hourly wage rates.

o All claims have been paid or settled.

o Contractor warrants material and workmanship for one-year.



o Certification that all lot pins disturbed by construction have been reset.

• Final change order reflecting actual quantities.

• Notice to bonding company that final payment is about to be made. (This is sent by the City approximately 60

days prior to final payment).

• Plan sheet marked showing the exact location in relationship to the nearest manhole and depth of any newly

installed or relocated sanitary sewer lateral. [Sanitary Sewer Projects only].

• Affidavit of Compliance with the Prevailing Wage Law [Division of Labor Standards Form].

• Subcontractor Final Release of Payment and Release Form.

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. 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 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.

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, or the 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 or

City Council member forfeiting his or her job with the City. Additionally, it may be a violation of state law. If you would

like more information on this contact the City or review City Charter Section 19.16 and Section 105.452 RSMo.

NOTE: COMPLETION AND SUBMITTAL OF ITEM 12.0 CERTIFICATION REGARDING POTENTIAL CONFLICTS OF INTEREST MUST BE

SUBMITTED WITH YOUR BID RESPONSE TO BE CONSIDERED RESPONSIVE.

2.8 DEBARMENT AND SUSPENSION STATUS:

2.8.1 Bidder is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from

covered transactions by any government agency, nor is Bidder an agent of any person or entity that is currently

debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transaction

by any government agency.

2.8.2 Bidder has not within a three year period preceding this Invitation been convicted of or had a civil suit judgment

rendered against Bidder for 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 false

statement, or receiving stolen property.

2.8.3 Bidder is not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or

local) with commission of any of the offenses enumerated above.

2.8.4 Bidder has not, within a three-year period preceding this Invitation, had any government (federal, state, or local)

transactions terminated for cause or default.



2.9 EVALUATION CRITERIA: Award determination will be based on: If contract for this project is to be awarded, it will be awarded on

the basis of the Bid(s) with the lowest total BASE BID: (COS + JSP) with consideration given to the Contractor stated project

completion time (shall not exceed 180 days). Bids shall be evaluated as per the “A+B” bid evaluation specified in the job special

provisions, where the “B” component is used to quantify and evaluate project completion time. Bidder shall provide “B” quantity

on the Bid Form as (number of calendar days to complete project x $750). Bid shall be awarded to the lowest responsive,

responsible, qualified Bidder whose evaluation indicates to the City that the award will be in the best interests of the Project and the

City. The Alternates will be based on project budget and may be awarded at the discretion of the City. The City will not accept tied

Bids. The City also reserves the right to give preference to a bidder whose office is in the Springfield Metropolitan area when the

bids are substantially equal.

2.10 NOTICE OF RECOMMENDATION FOR AWARD (NORA): After considering the basis of award and evaluation of Bids, 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 Bid awardee shall have ten (10) days to submit requested documents and to be in full compliance with the Bid

requirements as identified in the NORA.

2.11 TERMINATION OF AWARD: Any failure of the Bidder to satisfy the requirements of the City shall be reason for termination of the

award. Any Bid may be rejected in whole or in part for good cause when in the best interest of the City.



3.0 STANDARD TERMS AND CONDITIONS:

3.1 DEFINITIONS: A. "City" or “Owner” shall refer to: City of Springfield, Missouri who are the owners of the property, and their

authorized representatives. B. “Engineer” shall refer to: CMT Inc. C. “MDNR” shall refer to: Missouri Department of Natural Resources D. “Successful Bidder” shall refer to: The Bidder submitting a responsive bid to whom City makes an award. E. “Responsive Bidder “shall refer to: Any person, firm or corporation submitting a Bid for the work contemplated

whose Bid for is complete and regular, free of exclusions or special conditions and has no alternative Bid for any items unless requested in the Technical Specifications, and has submitted all required information with the Bid.

F. “Responsible Bidder” shall refer to: Any person, firm or corporation submitting a Bid for the work contemplated who maintains a permanent place of business, has adequate plant equipment to do the work properly and within the time limit that is established, and has adequate financial status to meet his obligations contingent to the work.

G. “Underground Facilities’’ shall refer to: All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any other easements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic of other control systems.

H. “Completion Time”: Maximum calendar days for substantial completion, determined by bidder within the “B” component of their bid and shall not exceed 450 calendar days.

I. “RSMo”: Revised Statues of Missouri J. "Contractor" shall refer to the corporation, company, partnership, firm, or individual, named and designated in the

contract agreement and who has entered into this contract for the performance of the work and/or to furnish goods, services, or construction covered thereby at an agreed upon price, and its, his or their duly authorized agents or other legal representatives.

K. The "specifications" includes, but is not limited to: Instruction to Bidders, Specific Requirements of the Bid, the Standard Terms and Conditions, the Definitions and the Technical Specifications of the work as described in the Invitation for Bid.

L. A "sub-contractor" is a person, firm or corporation supplying labor or materials, or only labor for work at the site of the project for, and under separate contract or agreement with the Contractor.

M. The term "sample" as used herein includes natural materials, fabricated items, equipment, devices, appliances or parts thereof as called for in the specifications and any other samples as may be required by the City to determine whether the kind, quality, construction, workmanship, finish, color and other characteristics of the materials, etc., proposed by the Contractor conform to the requirements of the contract documents. Samples approved by the City shall establish the kind, quality, and other required characteristics, and all work shall be in accordance with the approved samples. Samples, when requested, shall be supplied at no cost to the City.

N. The term "estimated" represents quantities estimated for the period of time stated. Purchase orders shall be placed for actual requirements as needed.

3.2 PURCHASE ORDERS: The City will not be responsible for articles or services furnished without a purchase order being issued unless otherwise set forth in the Bid Documents or as allowed by the City.

3.2.1 The Owner shall make payment to the contractor in accordance with Section 34.057, RSMo.

3.3 CONTRACT TERMS: The performance of this contract shall be governed solely by the terms and conditions as set forth in this

contract and any specifications or Bid documents notwithstanding any language contained on any invoice, shipping order, bill of lading or other document furnished by the Contractor at any time and the acceptance by the City of any terms or conditions contained in such document which is inconsistent with the terms and conditions set forth in the contract. Any different or additional terms other than those herein contained in Contractor's acceptance are hereby objected to.



3.3.1 PRIVITY OF CONTRACT: Neither the MDNR, its divisions, or its employees are or will be party to the Contract at any tier.

3.4 GENERAL GUARANTY AND WARRANTY: The Contractor warrants that all materials, fixtures, and equipment furnished by the

Contractor and his sub-contractors shall be new, of good quality, and of good title, and that the work will be done in a neat and workmanlike manner. The Contractor also guarantees the workmanship and materials for a period of one year from the date of Substantial Completion of all the work required by the Contract. Furthermore, they shall furnish the City with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the Contract.

3.5 LIABILITY AND INDEMNITY: 3.5.1 In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those

caused by the City’s gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract.

3.5.2 The Contractor shall defend, indemnify and save harmless the City, its elected or appointed officials, agents and

employees from and against any and all liability, suits, damages, costs (including attorney fees), losses, outlays and expenses from claims in any manner caused by, or allegedly caused by, or arising out of, or connected with, this contract, or the work or any subcontract thereunder (the Contractor hereby assuming full responsibility for relations with subcontractors), including, but not limited to, claims for personal injuries, death, property damage, or for damages from the award of this contract to Contractor.

3.5.3 The Contractor shall indemnify and hold the City harmless from all wages or overtime compensation due any

employees in rendering services pursuant to this contract or any subcontract, including payment of reasonable attorneys’ fees and costs in the defense of any claim made under the Fair Labor Standards Act, the Missouri Prevailing Wage Law or any other federal or state law.

3.5.4 The indemnification obligations of Contractor hereunder shall not be limited by any limitations as to the amount or

type of damages, compensation or benefits payable by or for the Contractor, under any federal or state law, to any person asserting the claim against City, its elected or appointed officials, agents and employees, for which indemnification is sought.

3.5.5 The indemnification obligations herein shall not negate, abridge or reduce in any way any additional indemnification

rights of the City, its elected or appointed officials, agents and employees, which are otherwise available under statute, or in law or equity.

3.5.6 Contractor affirms that it has had the opportunity to recover the costs of the liability insurance required in this

agreement in its contract price. Contractor’s obligation under this agreement to defend, indemnify and hold harmless any person from that person’s own negligence or wrongdoing is limited to the coverage and limits of the applicable insurance.

3.5.7 The Contractor shall indemnify and hold the City harmless for any penalties, fines, fees or costs, including costs of

defense, which are charged or assessed by any Federal, state or local agency including, but not limited to, Environmental Protection Agency or Department of Natural Resources.

3.6 ACTS OF GOD: Neither party shall be liable for delays, or defaults in the performance of this contract due to Acts of God or the

public enemy, riots, strikes, fires, explosions, accidents, Governmental action of any kind or any other causes of a similar character beyond its control and without its fault or negligence.

3.7 BANKRUPTCY OR INSOLVENCY: In the event of any proceedings by or against either party, voluntary or involuntary, in

bankruptcy or insolvency, or for the appointment of a receiver or trustee or an assignee for the benefit of creditors, of the



property of Contractor, or in the event of breach of any of the terms hereof including the warranties of the Contractor, City may cancel this contract or affirm the contract and hold Contractor responsible in damages.

3.8 COMPLIANCE WITH APPLICABLE LAWS: Contractor shall comply with all federal, state or local laws, ordinances, rules, regulations and administrative orders, including but not limited to Wage, Labor, Unauthorized Aliens, EEO and OSHA-type requirements which are applicable to Contractor’s performance under this contract. Contractor shall indemnify and hold the City harmless on account of any violations thereof relating to Contractor’s performance under this contract, including imposition of fines and penalties which result from the violation of such laws. All applicable laws and regulations of the State of Missouri and the City of Springfield, Missouri including the City’s Procurement Regulations and Procedures will apply to any resulting agreement, contract, or purchase order. Any involvement with the City Procurement shall be in accordance with the Procurement Regulations and Procedures.

3.9 LAW GOVERNING: All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Missouri and the City of Springfield, Missouri. Any dispute regarding this contractual agreement will be decided by the Circuit Court of Greene County, Missouri.

3.10 NOTICE AND SERVICE THEREOF: Any notice to any Contractor from the City relative to any part of this contract will be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or regular mail or e-mail, to the said Contractor at his last given physical or e-mail address or delivered in person to said Contractor or his authorized representative.

3.11 PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this contract will be deemed to be inserted herein and the contract will be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract will forthwith be physically amended to make such insertion or correction.

3.12 TERMINATION OF CONTRACT: A. For Breach: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner Contractor’s obligations under

this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract. This contract

may be terminated by the City upon thirty (30) days prior notice in writing to the other party. The City may terminate this

contract immediately, under breach of contract, if the Contractor fails to perform in accordance with the terms and conditions.

In the event of any termination of contract by the Contractor, the City may purchase such supplies and/or services similar to

those so terminated, and for the duration of the contract period the Contractor will be liable for all costs in excess of the

established contract pricing.

A1. Attorney Fees: In the event of any litigation arising from breach of this Contract, the City shall be entitled to recover from

the Contractor all reasonable costs incurred for such litigation, including staff time, court costs, attorney fees, and all other

related expenses incurred in such litigation.

B. For Convenience: The City shall have the right at any time by written notice to Contractor to terminate and cancel this contract,

without cause, for the convenience of the City, and Contractor shall immediately stop work. In either such event, all finished or

unfinished documents, data, studies, reports, or other materials prepared by the Contractor shall, at the option of the City

become its property. The Contractor shall be entitled to receive just and equitable compensation for any satisfactory work

completed. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the

City by virtue of any such breach of the contract by the Contractor.

3.13 UNIFORM COMMERCIAL CODE: This contract is subject to the Uniform Commercial Code and shall be deemed to contain all

the provisions required by said Code that apply to said Contract.



3.14 CHANGES: The City may at any time, by written order, without notice to any surety, make changes or additions, within the general scope of this contract in or to drawings, designs, specifications, instructions for work, methods of shipment or packing or place of delivery. If any such change causes an increase or decrease in the cost of or in the time required for performance of this contract or purchase order, the Contractor shall notify the City in writing immediately and an appropriate equitable adjustment will be made in the price or time of performance, or both, by written modification of the contract. Any claim by the Contractor for such adjustment must be asserted within 30 days or such other period as may be agreed upon in writing by the parties after the Contractor's receipt of notice of the change. Nothing herein contained shall excuse the Contractor from proceeding with the contract as changed.

3.15 RESPONSIBILITY FOR SUPPLIES: The Contractor shall be responsible for supplies until they are delivered and accepted at the designated delivery point; and the Contractor shall bear all risks for rejected supplies after notice of rejection.

3.16 EXECUTION OF CONTRACT: The contract shall consist of a ONE-TIME CONTRACT and a copy of the Contractors’ signed Bid attached and that the same, in all particulars, becomes the agreement and contract between the parties hereto. That both parties thereby accept and agree to the terms and conditions of said Bid documents, and that the parties are bound thereby and the compensation to be paid the Contractor is as set forth in the Contractors' Bid. Items not awarded, if any, have been deleted.

3.16.1 City will furnish a copy of the Contract Documents to the successful Bidder who shall execute (sign and date) said contract document, and provide items stated on the Notice of Recommendation for Award which may include, but not limited to: Required insurance as evidenced by a Certificate of Insurance, City of Springfield Business License and surety bonds properly executed.

3.16.2 The successful Bidders’ executed copy shall be delivered to Owner within ten (10) days after the date of Notice of

Recommendation for Award.

3.16.3 City will execute the Contract, insert the date of applicable signature at the beginning of the Contract, and return an executed copy to Contractor.

3.17 NON-DISCRIMINATION IN EMPLOYMENT: In connection with the furnishing of supplies or performance of work under this

contract, the Contractor agrees to comply with the Fair Labor Standard Act, Fair Employment Practices, Equal Opportunity Employment Act, and all other applicable Federal and State Laws, and further agrees to insert the foregoing provision in all subcontracts awarded hereunder. The Contractor agrees in the performance of this Contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, status as a protected veteran or status as a qualified individual with a disability, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. The parties hereby incorporate the requirements of 41 C.F.R. §§ 60-1.4(a)(7), 29 C.F.R. Part 471, Appendix A to Subpart A, 41 C.F.R. § 60-300.5(a) and 41 C.F.R. § 60-741.5(a), if applicable.

A. This contractor and any authorized subcontractor shall abide by the requirements of 41 C.F.R. § 60-300.5(a). This regulation

prohibits discriminations against qualified protected veterans and requires affirmative action by covered prime contractors

and subcontractors to employ and advance in employment qualified protected veterans.

B. This contractor and any authorized subcontractor shall abide by the requirements of 41 C.F.R. § 60-741.5(a). This regulation

prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered

prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.

3.18 REGULATIONS PURSUANT TO SO-CALLED “ANTI-KICKBACK ACT”: The Contractor shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 862; Title 18 U.S.C., Section 874 and Title 40 U.S.C.; Section 276c). and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in sub-contracts to insure compliance therewith by all



sub-contractors subject thereto, and shall be responsible for the submission of statements required of sub-contractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof.

3.19 FUND ALLOCATION: Continuance of any resulting Contract or issuance of a Purchase Orders is contingent upon the available funding and allocation of City funds. The Contractor understands that the obligation of the City to pay for goods and/or services under the contract is limited to payment from available revenues and shall constitute a current expense of the City and shall not in any way be construed to be a debt of the City in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the City nor shall anything contained in the contract constitute a pledge of the general tax revenues, funds or moneys of the City, and all provisions of the contract shall be construed so as to give effect to such intent.

3.20 ASSIGNMENTS: Neither City nor Contractor shall, without the prior written consent of the other, assign in whole or in part his

interest under any of the Contract Documents and, specifically the Contractor shall not assign any moneys due or to become due without the prior written consent of the City.

3.21 MODIFICATION OF CONTRACT: The Scope of Work to be done under the Contract shall be subject to modification and supplementation upon the written Agreement of the duly authorized representatives of the Contracting parties. No provision in the Contract shall be changed or modified without the execution of an amendment to the Contract, mutually agreed to by the City and the Contractor and processed through the Division of Purchases. Upon request by the City, the Contractor shall provide an estimate of cost of any additional work, products or services to be incorporated by a modification to the Scope of Work and the Contract.

3.22 AUTHORIZATION: The services of the Contractor shall commence only as authorized in writing by City Purchase Order or other

written notice and shall be undertaken and completed as promised by the Contractor. The term of the contract shall be for the period specified in the Contract.

3.23 GENERAL INDEPENDENT CONTRACTOR CLAUSE: This agreement does not create an employee/employer relationship between the parties. It is the parties' intention that the Contractor will be an independent Contractor and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri revenue and taxation laws, Missouri workers' compensation and unemployment insurance laws. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor’s activities and responsibilities hereunder. The Contractor agrees that it is a separate and independent enterprise from the public employer, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This agreement shall not be construed as creating any joint employment relationship between the Contractor and the City, and the City will not be liable for any obligation incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.

3.24 CONTRACTOR’S PERSONNEL:

A. The Contractor represents that Contractor will secure at Contractor’s own expense; all personnel required to perform the

services called for under this contract by Contractor. Such personnel shall not be employees of or have any contractual

relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed

by the Contractor or under Contractor’s direct supervision and all personnel engaged in the work shall be fully qualified

and shall be authorized under state and local law to perform such services. None of the work or services covered by this

contract shall be subcontracted without the written approval of the City.

B. The Contractor represents, in accordance with RSMo statute Section 285.530.2, that it has not employed, or

subcontracted with, unauthorized aliens in connection with the scope of work to be done under the Contract and agrees



to provide an affidavit to the City of Springfield affirming that it has not, and will not in connection with the Contract,

knowingly employ, or subcontract with, any person who is an unauthorized alien.

3.25 CONTRACTOR'S RESPONSIBILITY FOR SUBCONTRACTORS: The Contractor shall not execute an agreement with any sub-

contractor to perform any work until he has written the City of Springfield to determine any disapproval of the use of such sub-contractor. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relation between any subcontractor and the City or between any subcontractors.

3.26 CONTRACTOR’S PERSONNEL CONDUCT: Contractor’s personnel are expected to conduct themselves in a courteous, safe, and

responsible manner. This includes refraining from any behavior or actions while on City property that may be deemed offensive or unsafe by the City and complying with all related policies and procedures.

3.27 COOPERATION: All information, data, and reports as are existing, available and necessary for the carrying out of the work, shall

be furnished to the Contractor without charge, and the parties shall cooperate with each other in every way possible in

carrying out of the scope of services.

3.28 CITY BENEFITS: The Contractor shall not be entitled to any of the benefits established for the employees of the City nor be

covered by the Worker's Compensation Program of the City.

3.29 NON-EXCLUSIVE AGREEMENT: This Invitation for Bid will result in a non-exclusive contract and the City reserves the right to purchase same or like materials and/or services from other sources as deemed necessary and appropriate.

3.30 CONFIDENTIALITY OF DOCUMENTS: Any reports, data, design or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City.

3.31 WAIVER: No provision of the contract documents shall be construed, expressly or by implication, as a waiver by the City of any existing or future right or remedy available by law in the event of any claim of default or breach of contract.

3.32 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.

3.33 RIGHT TO PROTEST: 3.33.1 Appeals and remedies are provided for in the City Procurement Regulations. Protestors shall seek resolution of their

complaints initially with the City Purchasing Agent. 3.33.2 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.

3.33.3 BID PROTEST: In the event of protest challenging award of contract, MDNR will not be involved in protest(s) and their

resolution.



4.0 INSURANCE REQUIREMENTS:

Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall secure and maintain at its own cost and expense, throughout the duration of this Contract and until the work is completed and accepted by the City, insurance of such types and in such amounts as may be necessary to protect it and the interests of the City against all hazards or risks of loss as hereunder specified or which may arise out of the performance of the Contract Documents. The form and limits of such insurance, together with the underwriter thereof in each case, are subject to approval by the City. Regardless of such approval, it shall be the responsibility of the contractor to maintain adequate insurance coverage at all times during the term of the Contract. Failure of the Contractor to maintain coverage shall not relieve it of any contractual responsibility or obligation or liability under the Contract Documents.

The certificates of insurance, including evidence of the required endorsements hereunder or the policies, shall be filed with the City within ten (10) days after the date of the receipt of Notice of Recommendation for Award of the Contract by the Contractor and prior to the start of work. All insurance policies shall provide thirty (30) days written notice to be given by the insurance company in question prior to modification or cancellation of such insurance and shall list the City as an additional insured and shall be accompanied by the policy’s endorsements adding the City as an additional insured. Such notices shall be sent via e-mail to [email protected] or faxed to: 417-864-1927, or mailed to:

City of Springfield, 218 E. Central, Springfield, MO 65802

The minimum coverage for the insurance referred to herein shall be in accordance with the requirements established below: Such policies shall name the City as an additional named insured with limits of liability not less than the sovereign immunity limits for Missouri public entities calculated by the Missouri Department of Insurance as of January 1 each calendar year and published annually in the Missouri Register pursuant to Section 537.610, RSMo. (See, http://insurance.mo.gov/industry/sovimmunity.php) as follows:

As of January 1, 2021, the minimum coverage for the insurance referred to herein shall be as set out below:

A. Workers’ Compensation: Statutory coverage per R.S.Mo. 287.010 et seq Employer’s Liability: $1,000,000.00

B. Commercial General Liability Insurance, including coverage for Contractual Liability and Independent Contractors Liability. Such coverage shall apply to bodily injury and property damage on an “Occurrence Form Basis” with limits of at least Two Million, Nine Hundred Forty Thousand, Eight Hundred Sixty Eight and no/100 Dollars ($2,940,868.00) for all claims arising out of a single accident or occurrence and at least Four Hundred Forty One Thousand One Hundred Thirty and no/100 Dollars ($441,130.00) with respect to injuries and/or death of any one person in a single occurrence and an amount not less than at least $1,000,000 for all claims to property arising out of a single occurrence and at least $100,000 to any one owner with respect to damages to property. Service Provider agrees that the proceeds of such insurance policy shall first be used to pay any award, damages, costs, and/or attorney fees incurred by or assessed against City, its employees, officers and agents, before payment of any award, damages, costs or attorneys’ fees of Service Provider, its employees, officers or agents. Service Provider agrees to cause its insurer to name City as an additional insured on such insurance policy, including the City as an additional insured for coverage under its products-completed operations hazard, and said policy shall be primary and noncontributory.

C. Automobile Liability Insurance: Covering Bodily Injury and Property Damage for owned, non-owned and hired vehicles with limits of Two Million, Nine Hundred Forty Thousand, Eight Hundred Sixty Eight and no/100 Dollars ($2,940,868.00) for all claims arising out of a single accident or occurrence and Four Hundred Forty One Thousand One Hundred Thirty and no/100 Dollars ($441,130.00) for any one person in a single accident or occurrence.

D. Subcontracts: In case any or all of this work is sublet, the Contractor shall require the subcontractor to procure and maintain all insurance required by the City of Springfield as listed above. Contractor shall require any and all subcontractors with whom it enters into a contract to perform work on this project to protect the City through insurance against applicable hazards or risks.

E. Notice: The Contractor shall furnish the City prior to beginning the work, satisfactory proof of carriage of all the insurance required by this contract, with the provision that policies shall not be canceled, modified or non-renewed without thirty (30) days


http://insurance.mo.gov/industry/sovimmunity.php



written notice to the City of Springfield. The thirty (30) day cancellation notice is required to be identified on the submitted Certificate of Insurance (COI).

F. Legislative or Judicial Changes. In the event the scope or extent of the City’s tort liability as a governmental entity as described

in Section 537.600 through 537.650 RSMo is broadened or increased during the term of this agreement by legislative or judicial

action, the City may require Contractor, upon 10 days written notice, to execute a contract addendum whereby the Contractor

agrees to provide, at a price not exceeding Contractor’s actual increased premium cost, additional liability insurance coverage as

the City may require to protect the City from increased tort liability exposure as the result of such legislative or judicial action.

Any such additional insurance coverage shall be evidenced by an appropriate certificate of insurance and shall take effect within

the time set forth in the addendum.



5.0 SPECIFICATIONS: The work to be performed as part of this contract shall be done in accordance with the specifications

provided by the City of Springfield (Owner) and Great River Engineering. All specifications and drawings are provided as

attachments as follows:

ATTACHMENT 1: Job Special Provisions

ATTACHMENT 2: City of Springfield Plan Set

ATTACHMENT 3: City Utilities Plan Set

ATTACHMENT 4: City Utilities Project Documents

REFERENCE: 2019 General Conditions and Technical Specifications




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6.0 BID FORM: SUBMITTED BY: ______________________________________ (COMPANY NAME)

The undersigned bidder hereby proposes to furnish all transportation, equipment, supplies, materials, and perform all necessary labor to complete all work stipulated in, required by, and in conformity with the proposed contract documents, specifications, and drawings attached hereto; and other documents referred to therein for and in consideration of prices below. BIDDER’S REPRESENTATIONS In submitting this bid, bidder represents that bidder has examined the site of the work and carefully studied the bidding documents, and the following addenda, receipt of which is hereby acknowledged. Any and all addendums must be signed, dated and submitted with bid response as stipulated in Section 1.5.4.

BASIS OF BID Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

SCHEDULE A - GENERAL (COS)

ITEM NO. DESCRIPTION QTY UNIT TYPE

UNIT PRICE EXTENDED PRICE

COS-3.1.4 Clearing and Grubbing 1 LS

COS-3.5.4.2 Miscellaneous Removals 1 LS

COS-3.2.4.2 Excavation (Silt/Sediment Removal – Wayland Basin)

556 CY

COS-5.1.5.1.15 15” RCP 11 LF

COS-5.1.5.1.24 24” RCP 30 LF

COS-5.1.5.1.36 36” RCP 40 LF

COS-5.1.5.1.42 42” RCP 1036 LF

COS-5.1.5.5.24 24” RCP Flared End Section 1 EA

COS-5.2.5.1.60.60 Junction Box (5’x5’ I.D.) 6 EA

COS-5.2.5.1.72.72 Junction Box (6’x6’ I.D.) 2 EA

COS-5.2.5.6.84.36 Inlet Structure (3’x7’ I.D.) 3 EA

COS-5.1.3.8.2 Pavement Replacement 8” thick (Concrete)

313 SY

COS-7.7.6 Temporary Traffic Control 1 LS

COS-8.1.5 Curb and Gutter Replacement 243 LF

COS-10.5.1.4 Concrete Sidewalk Replacement (4” Thick)

280 SF

COS-10.5.2.4 Concrete ADA Ramp 75 SF

COS-10.5.3.6 Drive Replacement (6” Thick) 1777 SF


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COS-13.1.5 Seeding 0.75 AC

COS-16.8.2.4 Inlet Gravel Filter Bags 4 EA

COS-16.8.2.3 Compost Filter Sock 506 LF

COS-16.8.2.5 Gravel Check Filter 2 EA

COS-16.8.2.1 Construction Entrance 1 EA

SCHEDULE A (COS) TOTAL:

SCHEDULE B - JOB SPECIAL PROVISIONS (JSP)



JSP-100 Mobilization & Bonds 1 LS

JSP-101 Construction Fencing & Tree Preservation and Protection

1 LS

JSP-102 Connection to Existing Junction Box 1 EA

JSP-103 SS-3 Grated Drop Inlets 2 EA

JSP-104 Water Quality Control Structure (Wayland)

1 EA

JSP-105 24” Concrete Pipe Collar 1 EA

JSP-106 Concrete Straddle Box (A-1) 1 EA

JSP-107 Trickle Channel (4’ Wide) 252 SF

JSP-108 Concrete Slope Apron 119 SF

JSP-109 Flowable Fill 127 CY

SCHEDULE B (JSP) TOTAL:

NOTES: CU items included in the bid quantities: COS-5.1.3.8.2 - Concrete Pavement Replacement 8" thick (ST-13) - 37 SY COS-8.1.5 - Curb and Gutter Replacement - 62 LF COS-10.5.1.4 - Concrete Sidewalk Replacement (4" Thick) - 60 SF COS-10.5.2.4 – Concrete ADA Ramp – 75 SF


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CU GAS AND WATER RELOCATIONS (Westwood – Wayland to Seminole) - CU Drawing No. 81876

All the items for City Utilities work include all work necessary for traffic control, sidewalk, driveway, street, grass area restoration necessary to complete the CU Improvements. Any item impacted by CU work shall be replaced and considered incidental to the project.



G-1 Install 2-inch Plastic Gas Main, Joint Trench

426 FT

G-2 Install ½-inch Plastic Gas Service, Any Method

7 EA

G-3 Relocate/Lower Existing ¾-inch Plastic Gas Service (No Meter Work)

3 EA

G-4 Install ¾-inch Plastic Gas Service Street Crossing

3 EA

W-1 Install 8-inch C900 Water Main, Joint Trench

439 FT

W-2 Install 1-inch HDPE Water Service, Single Meterset

3 EA

W-3 Install 1-inch HDPE Water Service, Duel Meterset

4 EA

W-4 Install 1-inch HDPE Water Service Street Crossing

3 EA

W-5 Relocate/Lower Existing 1-inch Water Service (No Meter Work)

1 EA

W-6 Install Fire Hydrant Assembly 1 EA

CU RELOCATION TOTAL:

TOTAL BID:

[A] TOTAL BASE BID (COS + JSP)

[B] Contractor stated CONTRACT TIME __________ (calendar days) x $750/day

[A] + [B] Bid Evaluation

LIQUIDATED DAMAGES: Time of completion of work by the Contractor is of the essence. Should Contractor, or in the case of default, the surety, fail to substantially complete the work within the time specified in the contract, or within such extra time as may be allowed, Contractor (or surety) shall be liable to the City in the amount of $750.00 per day for each and every calendar day that the contract remains uncompleted after the time allowed for substantial completion, as liquidated damages, and not as a penalty, it being stipulated that actual damages to the City and the public arising from Contractor’s failure to timely complete the work would be difficult, if not impossible, to ascertain. The amount assessed as liquidated damages may be withheld from any moneys otherwise due to Contractor from the City. The project is not considered complete until final acceptance by the City. After substantial completion, liquidated damages for failure to complete the remaining work shall be in the amount specified in the General Conditions, unless an amount is provided in the Job Special Provision, in which case, the Job Special Provision amount will apply.


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7.0 SUBCONTRACTOR LIST

The Bidder hereby certifies that the following Subcontractors will be used in the performance of the work.

The Contractor shall list all “Major Subcontractors” which include any subcontractor performing ten percent (10%) or Fifty Thousand Dollars ($50,000.00), whichever is less, of the work on the project. The Contractor shall list the subcontractor(s) performing work in the categories listed below regardless of the amount of work performed.

A subcontractor is a Contractor performing a portion of the work for the General Contractor and is not a material supplier providing only materials.

If the Contractor plans to use its own employees in any category, then the Contractor must list itself in that category. If more than one firm will perform work in a single category, designate the portion of work to be performed by each subcontractor (or Contractor if Contractor is performing a portion of the work).

Failure to list either the Bidder’s firm or subcontractor for each category of work identified or defined herein or the listing of more than one firm for a category without designating the portion of work to be performed by each may result in rejection of bid as non‐responsive. After bid opening, substitutes of listed firm will not be permitted except as indicated in the Instructions to Bidders or the General Conditions.

WORK TO BE PERFORMED NAME AND ADDRESS OF FIRM

BIDDER

SIGNED DATE


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8.0 CONTRACTOR STATEMENT OF QUALIFICATIONS

1. Name and Address (with zip code) of Firm. ________________________________________________________________________________________________ __________________________________________________________Federal ID No.___________________________ 2. Area Code and Telephone Number. ____________________________________________________________ NOTE: If the Bidder is a Joint Venture, then all parties to the Joint Venture must complete a separate Statement of Qualifications. 3. If you have done business under a different name, please give name and location. _____________________________________________________________________________________________ ____________________________________________________________________________________________ General Information: All questions must be answered accurately, and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. Additional information may be submitted, if so desired. 4. How many years have you been engaged in construction under your present firm name or trade name? ____________________________________________________________________________________________ 5. General character of work performed by you. _____________________________________________________ ____________________________________________________________________________________________ 6. Have you ever failed to complete any work awarded to you. If so, where and why? _________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 7. Have you ever defaulted on a contract? If so, where and why? _________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 8. Has your firm ever engaged in litigation for the settlement of claims or disputes arising out of a construction contract? If so, give particulars. ____________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ NOTE: The information provided here, in conjunction with other available information, will be used to determine whether or not you are qualified to perform the scope of work defined in this bid package. The Director of Public Works will make the final decision regarding contractor qualification at his discretion. Providing false or misleading information will likely result in the rejection of the bid proposal.




List all current contracts as well as all contracts of a similar size and scope that you have worked on in the last three (3) years. Use additional sheets as

necessary.

Project Description Customer Name Date

Started Date

Completed

Your Total Contract Amount

Customer Contact Name/e-mail/Phone

NOTE: In order for this bid proposal to be considered eligible for consideration, the contractor must show at least one project of similar size and scope completed within the last three years. Failure to show a history of completing work similar to this proposal may result in a rejection of the bid proposal.




9.0 LIST OF REFERENCES AND EXPERIENCE

PLEASE COMPLETE THE INFORMATION LISTED BELOW IN FULL: If additional space is required, make additional copies of this form and submit with bid. To be considered for award, bidder shall have been in business for a minimum of five (5) years.

How many years has your firm been in business? Years:

List references and prior experience; preferably with other municipalities, in the last 3-5-year period; work or services of the same type and size to the project being proposed. (List municipality/company names, addresses, contact person(s), telephone numbers, date of project completion and contract amount.)

Prior Work/Services Performed for: Municipality/Company Name: ___________________________________________________________ Address: ____________________________________ ____________________________________ ____________________________________ Contact Person: _______________________________ Title: ______________________________ Telephone No: _______________ Description of Work/Services Performed: Contract Amount: $_______________________ Completion Date: __________________

Prior Work/Services Performed for: Municipality/Company Name: ___________________________________________________________ Address: ____________________________________ ____________________________________ ____________________________________ Contact Person: _______________________________ Title: ______________________________ Telephone No: _______________ Description of Services Performed: Contract Amount: $_______________________ Completion Date: __________________



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10.0 AFFIDAVIT OF COMPLIANCE IFB #028-2022 To be submitted with vendor's Bid ______ We DO NOT take exception to the IFB Documents/Requirements. ______ We TAKE exception to the IFB Documents/Requirements as follows:

Specific exceptions are as follows:

I have carefully examined the Invitation for Bid and agree to abide by all submitted pricing, delivery, terms and conditions of this Bid

unless otherwise stipulated herein.

Company Name: ____________________________ Telephone Number: _________________________ By: _______________________________________ Fax Number: _______________________________ (Authorized Person's Signature) _________________________________________ Email: _____________________________________ (Print or type name and title of signer) _________________________________________ Federal Tax ID No.: ________________________________ (Company Street/P.O. Box Address) __________________________________________ Date: _________________ (City, State, Zip Code) DBE Vendor (Yes/No): ______

Minority Owned: ____

Women Owned: ____

Veteran Owned: ____


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11.0 CERTIFICATION REGARDING POTENTIAL CONFLICTS OF INTEREST

The City’s Charter, Sec. 19.16, prohibits any Council member or employee of the City from having a financial interest, direct or indirect, in any contract with the City and any member of a City board or commission from having a financial interest, direct or indirect, in any contract with the department or administrative agency managed or operated by the board or commission on which he or she serves. ***If the prohibition above is violated, the contract is void and the Council member, City board or commission member forfeits his or her office or the employee forfeits his or her employment*** Vendor certifies that (check all that apply): 1. ____ No City Council member, City employee, or City board or commission member is an employee, officer, partner, owner, etc., of vendor. 2. ____ No spouse or dependent child of a City Council member, City employee, or City board or commission member is an employee, officer, partner, owner, etc., of vendor.

3. ____ A City Council member or spouse is an employee, officer, partner, owner, etc., of vendor.

4. ____ A City employee or spouse is an employee, officer, partner, owner, etc., of vendor.

5. ____ A City board/commission member or spouse is an employee, officer, partner, owner, etc., of vendor. If choosing 3, 4, or 5, please provide name of Council member, employee, board or commission member, or spouse: ____________________________________________________________________________

Vendor Certification: I certify the information above is true and accurate. ______________________________________________

By: ___________________________________________ ______________________________________________

Title: _________________________________________ Please note whether the Charter is violated is fact-specific. City staff will follow up with you for additional information.


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12.0 ANTI-COLLUSION STATEMENT

STATE OF MISSOURI

CITY/COUNTY OF

_ _ _

_ being first duly sworn, deposes and says that he is

_ _ _

Title of Person Signing

of _________________________________________________________________

Name of Bidder

that all statements made and facts set out in the proposal for the above project are true and correct; and

the bidder (The person, firm, association, or corporation making said bid) has not, either directly or

indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in

restraint of free competitive bidding in connection with said bid or any contract which may result from its

acceptance.

Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other

bidder for the above project.

BY _ _ _

BY _ _ _

BY _ _ _

SWORN to before me this _ day of _ 20 _.

_ _

Notary Public

My Commission Expires __________________________________________________________


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13.0 Stormwater Loan and Grant Projects Procedures for Implementation

Minority Business Enterprise/Women’s Business Enterprise

Each bidder/offeror must fully comply with the requirements, terms, conditions of 40 CFR Part 33 and DNR’s regulations to award a fair share of sub agreements to minority and women’s business enterprises. The bidder/offeror commits itself to taking affirmative steps and complying with the Six Good Faith Efforts contained herein. Bidders/offerors will take affirmative steps prior to submission of bids/proposals.

Affirmative Steps

1. When feasible, segmenting total work requirements to permit maximum minority business and women business enterprises (MBE/WBE) participation.

2. Assuring that MBEs and WBEs are solicited whenever they are potential sources of goods

or services. This step may include:

a. Sending letters or making other personal contacts with MBEs and WBEs (e.g. those whose names appear on lists prepared by the Missouri Office of Administration, the Missouri Department of Transportation, or the funding recipients and other MBEs and WBEs known to the bidder/offeror.) MBEs and WBEs should be contacted when other potential subcontractors are contacted, within reasonable time (fifteen days) prior to bid submission or closing date for receipt of initial offers. Those letters or other contacts should communicate the following:

i. Specific description of the work to be subcontracted;

ii. How and where to obtain a copy of plans and specifications or other detailed information needed to prepare a detailed price quotation.

iii. Date the quotation is due to the bidder/offeror;

iv. Name, address, and phone number of the person in the bidder/offeror’s firm whom the prospective MBE/WBE subcontractor should contact for additional information.

b. Sending letters or making other personal contacts with local, state, federal and private agencies and DBE associations relevant to the project. Such contacts should provide the same information provided in the direct contacts to DBE firms.

3. Where feasible, establishing delivery schedules which will encourage participation by MBEs

and WBEs.


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Determination of Compliance

It is to be noted that bidders/offerors must demonstrate compliance with DBE requirements in order to be deemed responsible. Demonstration of compliance shall include, but is not limited to, the following information:

1. Names, addresses and phone numbers of MBEs/WBEs expected to perform work;

2. Work to be performed by the MBEs and WBEs;

3. Aggregate dollar amount of work to be performed by MBEs and WBEs, showing

aggregate to MBEs and aggregate to WBEs separately;

4. Description of contacts to MBE and WBE organizations, agencies and associations which serve MBEs/WBEs, including names of organizations, agencies and associations and dates of contacts;

5. Description of contacts to MBEs and WBEs, including number of contacts, fields, (i.e.

equipment or material supplier, excavators, transport services, electrical subcontractors, plumbers, etc.) and dates of contacts.

The Six Good Faith Efforts, and Minority and Women’s Business Enterprise Utilization Worksheet shall be included in the specifications.

All bidders/offerors should complete the Minority and Women’s Business Enterprise Utilization Worksheet and submit to the funding recipient prior to contract award.

Additional information on DBE requirements can be found at http://www.epa.gov/osbp/dbe_team.htm

Lists of Certified Disadvantaged Business Enterprises – To help comply with the Six Good Faith Efforts, please visit the following web sites to access existing lists of certified DBEs:

Small Business Administration http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm

Missouri Department of Transportation http://www.modot.mo.gov/ecr/index.htm

Office of Equal Opportunity http://oeo.mo.gov/

The contractor shall not discriminate on the basis of race, color, nation origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.

(Funding recipients may establish alternative methods of compliance equivalent to or more stringent than the above.)

http://www.epa.gov/osbp/dbe_team.htm

http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm

http://www.modot.mo.gov/ecr/index.htm

http://oeo.mo.gov/


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“Six Good Faith Efforts”

The Six Good Faith Efforts are required methods to be used by all Loan and Grant recipients to ensure that all disadvantaged business enterprises (DBEs) have the opportunity to compete for procurements funded by EPA financial assistance dollars.

The prime contractor must pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor’s receipt of payment from the recipient.

A recipient must be notified in writing by its prime contractor prior to any termination of a DBE subcontractor for convenience by the prime contractor.

If a DBE subcontractor fails to complete work under its subcontract for any reason, the recipient must require the prime contractor to employ the six good faith efforts described below if soliciting a replacement subcontractor.

A recipient must require its prime contractor to employ the six good faith efforts even if the prime contractor has achieved its Fair Share Goals. The current Fair Share Goals are 10% for Minority Business Enterprises and 5% for Women Business Enterprises in accordance with 40 CFR, Part 33, Subpart D.

The Six Good Faith Efforts are:

1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable

through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.

2. Make information on forthcoming opportunities available to DBEs and arrange time frames

for contracts and establish delivery schedules, where requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before bid or proposal closing date.

3. Consider in the contracting process whether firms competing for large contracts could

subcontract with DBEs. For Indian Tribal, State and Local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process.

4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these

firms to handle individually.

5. Use the services and assistance of the SBA and the Minority Business development

Agency of the Department of Commerce.

6. If the prime contractor awards subcontracts, require the prime contractor to take the above steps.


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MISSOURI STATE REVOLVING FUND DISADVANTAGED BUSINESS ENTERPRISE (MINORITY AND WOMEN’S BUSINESS ENTERPRISE)

UTILIZATION WORKSHEET

Funding Recipient Project No.:

Contractor/Engineer: Contract Name: Contract Contact Person: Contractor MBE/WBE: Yes No OA / MODOT / EPA Certification No.: Address: Telephone No.: Email Address Amount of Contract Total Contract MBE% _ WBE %

1. MBE Subcontractor WBE Address Contact Person Telephone No. Email Address: OA MBE/WBE Certification Number MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract _ Scope of Work

2. MBE Subcontractor WBE Address Contact Person Telephone No. Email Address: OA MBE/WBE Certification Number MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract _ Scope of Work


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Approved by Legal:

3. MBE Subcontractor

WBE Address

Contact Person Telephone No.

Email Address:

OA MBE/WBE Certification Number MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract _ Scope of Work


WBE Address


Email Address:



WBE Address


Email Address:



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Approved by Legal:


WBE Address


Email Address:


Comments:

Prepared By:

Telephone Number:

Date:


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Approved by Legal:



17.0 STATEMENT OF “NO BID” IFB #028-2022

RETURN THIS PAGE ONLY IF YOUR COMPANY PROVIDES THE PRODUCTS/SERVICES BEING BID AND DECLINES TO DO SO.

WE, THE UNDERSIGNED, HAVE DECLINED TO BID ON YOUR IFB #028-2022 FOR WESTWOOD AVENUE STORMWATER IMPROVEMENTS

(2019PW0042)

FOR THE FOLLOWING REASON(S):

_______ SPECIFICATIONS ARE TOO “RESTRICTIVE,” I.E. GEARED TOWARD ONE BRAND OR MANUFACTURER ONLY (PLEASE EXPLAIN BELOW).

_______ INSUFFICIENT TIME TO RESPOND TO INVITATION FOR BID.

_______ OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM.

_______ UNABLE TO MEET SPECIFICATIONS.

_______ UNABLE TO MEET INSURANCE REQUIREMENTS.

_______ SPECIFICATIONS UNCLEAR (PLEASE EXPLAIN BELOW).

_______ OTHER (PLEASE SPECIFY BELOW).

REMARKS: _________________________________________________________________________________________

_________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________

____________________________________________________________________

COMPANY NAME: ____________________________________________________________________________

ADDRESS: __________________________________________________________________________________

SIGNATURE AND TITLE: _______________________________________________________________________

TELEPHONE NUMBER: ________________________________________________________________________

DATE: _________________________________________



18.0 FORMS THE FOLLOWING FORMS SHALL BE USED BY THE AWARDED CONTRACTOR: 18.1 AFFIDAVITS FOR FEDERAL WORK AUTHORIZATION PROGRAM AND OSHA

18.2 CERTIFICATION OF COMPLIANCE WITH SECTION 34.600 RSMO., ET SEQ. (ANTI-DISCRIMINATION AGAINST ISRAEL ACT)

18.3 SAMPLE CONTRACT DOCUMENT

18.4 SAMPLE PERFORMANCE BOND

18.5 SAMPLE PAYMENT BOND FOR LABOR AND MATERIALS

18.6 PARTIAL RECEIPT OF PAYMENT AND RELEASE FORM – CONTRACTOR

18.7 FINAL RECEIPT OF PAYMENT AND RELEASE FORM – CONTRACTOR

18.8 PARTIAL RECEIPT OF PAYMENT AND RELEASE FORM – SUBCONTRACTOR

18.9 FINAL RECEIPT OF PAYMENT AND RELEASE FORM – SUBCONTRACTOR

18.10 WAGE LABOR STANDARDS INTERVIEW FORM (INTERVIEW CONDUCTED BY CITY PROJECT MANAGER)

18.11 CERTIFICATE OF COMPLIANCE AND AFFIDAVIT FOR SUBCONTRACTORS

18.12 DAILY CONSTRUCTION REPORT

18.13 APPLICATION AND CERTIFICATION FOR PAYMENT

18.14 PREVAILING WAGE



18.1 WORK AUTHORIZATION AFFIDAVIT AND E-VERIFY

Effective January 1, 2009, and pursuant to the State of Missouri’s RSMO 285.530 (1), No business entity or employer shall knowingly

employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri.

[RSMO 285.530 (2)] As a condition for the award of any contract or grant in excess of five thousand dollars by the state or by any political

subdivision of the state (e.g., Greene County, Mo.) to a business entity, the business entity (Company) shall, by sworn affidavit and

provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the

employees working in connection with the contracted services. Every such business entity shall sign an affidavit affirming that it does not

knowingly employ any person who is an unauthorized alien in connection with the contracted services.

RSMO 285.530 pertains to all solicitations for services over $5,000. RSMO 285.530 does not apply to solicitations for goods only. If a solicitation is for services and goods, RSMO 285.530 applies if the services portion of the solicitation is over $5,000.

The required documentation must be from the federal work authorization program provider. e.g. the electronic signature page from the E-Verify Program’s Memorandum of Understanding. Letter from Consultants reciting compliance is not sufficient.

The Department of Homeland Security, U.S. Citizenship and Immigration Services, (USCIS) in partnership with the Social Security Administration (SSA) operate an FREE internet-based program called E-Verify, http://www.dhs.gov/everify that allows employers to verify the employment eligibility of their employees, regardless of citizenship. Based on information provided by employees on their Form I-9, E-Verify checks the information electronically against records contained in DHS and Social Security Administration databases. There are penalties for employing an unauthorized alien. The City may enforce any and all penalties available under local, state and/or federal law. All submittals shall include the signed and notarized Work Authorization Affidavit AND the electronic signature page from the E-Verify program.

CITY OF SPRINGFIELD, MISSOURI WORK AUTHORIZATION AFFIDAVIT PURSUANT TO SECTION 285.530, RSMo

(REQUIRED FOR ALL BIDS FOR SERVICES IN EXCESS OF $5,000.00) ) ss. State of ________________ )

My name is ____________. I am an authorized agent of ____________________________ (“Bidder”). Bidder is enrolled and participates in a federal work authorization program for all employees working in connection with services provided to the City of Springfield, Missouri. Bidder does not knowingly employ any person who is an unauthorized alien in connection with the services being provided. Bidder shall not knowingly employ or contract with an illegal alien to perform work for the City of Springfield, Missouri or enter into a contract with a sub-bidder/sub-contractor that knowingly employs or contracts with an illegal alien.

_________________________________________ Affiant

_________________________________________ Printed Name

Subscribed and sworn to before me this _____ day of _________________, 20___.

_________________________________________ Notary Public

SEAL

http://www.dhs.gov/everify



OSHA Affidavit of Compliance with Section 292.675 R.S.Mo., Et Seq.

For Any Public Works Project Contract

Effective August 28, 2009

STATE OF _________________ )

) ss.

COUNTY OF _______________ )

Before me, the undersigned Notary Public, in and for the County of _____________________,

State of _____________________, personally appeared _______________________ (Name)

who is _________________________ (Title) of __________________________________

(Name of company), (a corporation), (a partnership), (a sole proprietorship), (a limited liability company), and is competent

and authorized to make this affidavit, and being duly sworn upon oath deposes and says as follows:

(1) that said company has verified the completion of a 10-hour OSHA construction safety program with respect to the employees working in connection with the contracted services.

The terms used in this affidavit shall have the meaning set forth in Sections 292.675 R.S.Mo., et seq.

Signature ______________________________

Name: ________________________

Subscribed and sworn to before me this _____ day of _____________, _______.

________________________________

Notary Public

My commission expires: _______________


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18.2 Certification of Compliance with Section 34.600 RSMo., et seq.

Effective August 28, 2020

(does not apply to contracts totaling less than $100,000.00, or fewer than 10 employees)

I am ________________________ (name), and am the _________________________(title) of

__________________________(company name) a (circle one) corporation, partnership, sole proprietorship, limited

liability company, and am competent and authorized to make the following statement and attest to its truthfulness:

[initial one]

_____. I hereby certify that the company 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; companies doing business in or with 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, in accordance with the terms and conditions set forth in 34.600 RSMo., et.seq.

Or:

______. The business employs less than 10 employees.

__________________________________________

[list official name of business entity]

______________________________

Signature

Print Name and Title: _______________________________________________________


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18.3 SAMPLE CONTRACT

City of Springfield CONTRACTOR Division of Purchases Company Name: 218 E Central Attn: Springfield, MO 65802 Address: Ph. 417-864-1620 Fax 417-864-1927 Ph. Fax

THIS AGREEMENT made and entered into this ____ day of ____________, 20____, by the parties identified above.

WITNESSETH: That whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools,

equipment, materials and supplies and for constructing the following City improvements:

WESTWOOD AVENUE STORMWATER IMPROVEMENTS (2019PW0042)

The City and Contractor agree to the following:

1. Manner and Time for Completion. The Contractor will furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws within ___ calendar days from the date Contractor is ordered to proceed, which order shall be issued by the Purchasing Agent within 30 days after the date of this contract.

2. Prevailing Wages. All workers performing work under this Contract 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 set out in the Wage Order attached to and made part of the specification for work under this Contract, 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. If at any time the Contractor is found to not have paid prevailing wages, the Contractor shall forfeit as a penalty to the City one hundred dollars for each calendar day or portion of a calendar day for each worker paid less than the stipulated required rates for any work done under this Contract by the Contractor or by any subcontractor under the Contractor. Notwithstanding the foregoing, if the engineer’s estimate of the total project cost or the bid accepted by the City is $75,000.00 or less, then all labor utilized in the construction of the improvements shall not be required to pay the “prevailing rate of wages” or the public works minimum wage. However, if the project becomes subject to a change order that increases the total project cost to more than $75,000.00, a “prevailing hourly rate of wages” or the public works contracting minimum wage, whichever is applicable, shall be paid for all labor utilized in the construction of the improvements but only for that portion of the project which exceeds $75,000.00.

3. Insurance Requirements. Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall

secure and maintain at its own cost and expense, throughout the duration of this Contract and until the work is completed and accepted by the City, insurance of such types and in such amounts as may be necessary to protect it and the interests of the City against all hazards or risks of loss as hereunder specified or which may arise out of the performance of the Contract Documents. The form and limits of such insurance, together with the underwriter thereof in each case, are subject to approval by the City. Regardless of such approval, it shall be the responsibility of the contractor to maintain adequate insurance coverage at all times during the term


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of the Contract. Failure of the Contractor to maintain coverage shall not relieve it of any contractual responsibility or obligation or liability under the Contract Documents. The certificates of insurance, including evidence of the required endorsements hereunder or the policies, shall be filed with the City within ten (10) days after the date of the receipt of Notice of Recommendation for Award of the Contract by the Contractor and prior to the start of work. All insurance policies shall provide thirty (30) days written notice to be given by the insurance company in question prior to modification or cancellation of such insurance and shall list the City as an additional insured and shall be accompanied by the policy’s endorsements adding the City as an additional insured. Such notices shall be sent via e-mail to [email protected] or faxed to: 417-864-1927, or mailed to: City of Springfield, 218 E. Central, Springfield, MO 65802

The minimum coverage for the insurance referred to herein shall be in accordance with the requirements established below: Such policies shall name the City as an additional named insured with limits of liability not less than the sovereign immunity limits for Missouri public entities calculated by the Missouri Department of Insurance as of January 1 each calendar year and published annually in the Missouri Register pursuant to Section 537.610, RSMo. (See, http://insurance.mo.gov/industry/sovimmunity.php) as follows:

As of January 1, 2021, the minimum coverage for the insurance referred to herein shall be as set out below:

A. Workers’ Compensation: Statutory coverage per R.S.Mo. 287.010 et seq Employer’s Liability: $1,000,000.00

B. Commercial General Liability Insurance, including coverage for Contractual Liability and Independent Contractors Liability. Such coverage shall apply to bodily injury and property damage on an “Occurrence Form Basis” with limits of at least Two Million, Nine Hundred Forty Thousand, Eight Hundred Sixty Eight and no/100 Dollars ($2,940,868.00) for all claims arising out of a single accident or occurrence and at least Four Hundred Forty One Thousand One Hundred Thirty and no/100 Dollars ($441,130.00) with respect to injuries and/or death of any one person in a single occurrence and an amount not less than at least $1,000,000 for all claims to property arising out of a single occurrence and at least $100,000 to any one owner with respect to damages to property. Service Provider agrees that the proceeds of such insurance policy shall first be used to pay any award, damages, costs, and/or attorney fees incurred by or assessed against City, its employees, officers and agents, before payment of any award, damages, costs or attorneys’ fees of Service Provider, its employees, officers or agents. Service Provider agrees to cause its insurer to name City as an additional insured on such insurance policy, including the City as an additional insured for coverage under its products-completed operations hazard, and said policy shall be primary and noncontributory.

C. Automobile Liability Insurance: Covering Bodily Injury and Property Damage for owned, non-owned and hired vehicles with limits of Two Million, Nine Hundred Forty Thousand, Eight Hundred Sixty Eight and no/100 Dollars ($2,940,868.00) for all claims arising out of a single accident or occurrence and Four Hundred Forty One Thousand One Hundred Thirty and no/100 Dollars ($441,130.00) for any one person in a single accident or occurrence.

D. Subcontracts: In case any or all of this work is sublet, the Contractor shall require the subcontractor to procure and maintain all insurance required by the City of Springfield as listed above. Contractor shall require any and all subcontractors with whom it enters into a contract to perform work on this project to protect the City through insurance against applicable hazards or risks.

E. Notice: The Contractor shall furnish the City prior to beginning the work, satisfactory proof of carriage of all the insurance required by this contract, with the provision that policies shall not be canceled, modified or non-renewed without thirty (30) days written notice to the City of Springfield. The thirty (30) day cancellation notice is required to be identified on the submitted Certificate of Insurance (COI).

F. Legislative or Judicial Changes. In the event the scope or extent of the City’s tort liability as a governmental entity as described

in Section 537.600 through 537.650 RSMo is broadened or increased during the term of this agreement by legislative or judicial

action, the City may require Contractor, upon 10 days written notice, to execute a contract addendum whereby the Contractor

agrees to provide, at a price not exceeding Contractor’s actual increased premium cost, additional liability insurance coverage as

the City may require to protect the City from increased tort liability exposure as the result of such legislative or judicial action.


http://insurance.mo.gov/industry/sovimmunity.php


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Any such additional insurance coverage shall be evidenced by an appropriate certificate of insurance and shall take effect within

the time set forth in the addendum.

4. Performance, 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 amount of $_____________ (full amount of 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. 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.

5. Contractor's responsibility for subcontractors. The Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, and insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relation between the subcontractor and the City or between any subcontractors.

6. General Independent Contractor Clause. This agreement does not create an employee/employer relationship between the parties. It is the parties' intention that the Contractor will be an independent contractor and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri Revenue and Taxation laws, Missouri Workers' Compensation and Unemployment Insurance laws. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor's activities and responsibilities hereunder. The Contractor agrees that it is a separate and independent enterprise from the public employer, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This agreement shall not be construed as creating any joint employment relationship between the Contractor and the City, and the City will not be liable for any obligation incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.

7. Liquidated Damages. Time of completion of work by the Contractor is of the essence. Should Contractor, or in the case of default, the surety, fail to substantially complete the work within the time specified in the contract, or within such extra time as may be allowed, Contractor (or surety) shall be liable to the City in the amount of $750.00 per day for each and every calendar day that the contract remains uncompleted after the time allowed for substantial completion, as liquidated damages, and not as a penalty, it being stipulated that actual damages to the City and the public arising from Contractor’s failure to timely complete the work would be difficult, if not impossible, to ascertain. The amount assessed as liquidated damages may be withheld from any moneys otherwise due to Contractor from the City. The project is not considered complete until final acceptance by the City. After substantial completion, liquidated damages for failure to complete the remaining work shall be in the amount specified in the General Conditions, unless an amount is provided in the Job Special Provision, in which case, the Job Special Provision amount will apply.

8. Termination for Cause. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen


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or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract.

9. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 8, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case, the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws.

10. Termination for Convenience of City. The City shall have the right at any time by written notice to Contractor to terminate and cancel this contract, without cause, for the convenience of the City, and Contractor shall immediately stop work. In such event City shall not be liable to Contractor except for payment for actual work performed prior to such notice in an amount proportionate to the completed contract price and for the actual costs of preparations made by Contractor for the performance of the cancelled portions of the contract, including a reasonable allowance of profit applicable to the actual work performed and such preparations. Anticipatory profits and consequential damages shall not be recoverable by Contractor.

11. Guards and Lights. The Contractor agrees that during the performance of said work, adequate barricades, guards and warning signs, lights or devices consistent with the requirements contained in the Manual on Uniform Traffic Control Devices shall be provided by Contractor during construction.

12. Liability and Indemnity. a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those caused

by the City’s gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract.

The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract.

b. The Contractor shall defend, indemnify and save harmless the City, its elected or appointed officials, agents and

employees from and against any and all liability, suits, damages, costs (including attorney fees), losses, outlays and expenses from

claims in any manner caused by, or allegedly caused by, or arising out of, or connected with, this contract, or the work or any

subcontract thereunder (the Contractor hereby assuming full responsibility for relations with subcontractors), including, but not

limited to, claims for personal injuries, death, property damage, or for damages from the award of this contract to Contractor,

notwithstanding any possible negligence, whether sole or concurrent, on the part of the City, its officials, agents and employees.

c. The Contractor shall indemnify and hold the City harmless from all wages or overtime compensation due any employees

in rendering services pursuant to this agreement or any subcontract, including payment of reasonable attorneys’ fees and costs in the

defense of any claim made under the Fair Labor Standards Act, the Missouri Prevailing Wage Law or any other federal or state law.

d. The indemnification obligations of Contractor hereunder shall not be limited by any limitations as to the amount or type

of damages, compensation or benefits payable by or for the Contractor, under any federal or state law, to any person asserting the

claim against City, its elected or appointed officials, agents and employees, for which indemnification is sought.

e. The indemnification obligations herein shall not negate, abridge or reduce in any way any additional indemnification

rights of the City, its elected or appointed officials, agents and employees, which are otherwise available under statute, or in law or

equity.

f. Contractor affirms that it has had the opportunity to recover the costs of the liability insurance required in this

agreement in its contract price. Contractor’s obligation under this agreement to defend, indemnify, and hold harmless any person

from that person’s own negligence or wrongdoing is limited to the coverage and limits of the applicable insurance required of the

Contractor under this agreement.


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g. The Contractor shall indemnify and hold the City harmless for any penalties, fines, fees or costs, including costs of

defense, which are charged or assessed by any Federal, state or local agency including, but not limited to, Environmental Protection

Agency or Department of Natural Resources.

13. Attorney Fees. In the event of any litigation arising from breach of this Agreement the City shall be entitled to recover from the Contractor all reasonable costs incurred for such litigation, including staff time, court costs, attorney fees, and all other related expenses incurred in such litigation.

14. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract.

15. Payment. The City will pay the Contractor in accordance with the rate set forth in the contract documents on file in the Public Works Department and by this reference made a part hereof, which shall constitute full and complete compensation for the Contractor's work provided hereunder. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Contractor under the terms of this contract exceed the sum of XXXX Dollars and No Cents ($X,XXX.00) unless specifically and mutually agreed to in writing by both the City and the Contractor. No partial payment to the Contractor shall operate as approval of acceptance of work done or materials furnished hereunder. Such compensation will be paid in progress payments (less five (5) percent retainage), as established by the City, subject to receipt of a requisition for payment and a statement of work provided by the Contractor and agreement by both the City and the Contractor that the Contractor has fully performed the work to be paid for in such progress payments in conformance with the contract.

16. Contract Documents. The contract documents shall consist of the following: a. This Contract b. All Change Orders c. IFB #028-2022 including Bid Plans and Specifications d. City of Springfield Standard General Conditions and Technical Specifications

for Public Works Construction (Current Version) e. Special Conditions & Provisions f. Bid Form - Proposal g. Statement of Bidder's Qualifications h. Acknowledgment i. Performance Bond and Payment and Material Bond j. Instructions to Bidders k. Non-collusion Affidavit l. Notice to Proceed

This contract, together with the other documents enumerated in this paragraph, forms the contract between the parties. These

documents are as fully a part of the contract as if attached hereto or repeated herein.

17. Subsurface Conditions. Contractor agrees that information contained in the published reports and public actions of the Missouri Division of Geology and Land Survey shall be conclusive and binding upon the Contractor as to what subsurface conditions at the job site are reasonably anticipated or reasonably foreseeable.

18. Conflict of Interest. In accepting this contract, Contractor certifies that no member or officer of its firm or corporation is an officer or employee of the City of Springfield, Missouri, or any of its boards or agencies, and further that no officer or employee of the City has any financial interest, direct or indirect, in this contract. All applicable federal regulations and provisions of RSMo Section 105.450 et seq. shall not be violated.

19. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto, provided, however, that claims for money due or to become due to the Contractor from the City under this Contract may be assigned to a bank, trust company, or other financial


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institution without such approval. Notice of such assignment or transfer shall be furnished in writing promptly to the City and the bond surety. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the Contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement.

20. Nondiscrimination. The Contractor agrees in the performance of this Contract not to discriminate on the ground or because of race, color, religion, sex, sexual orientation, gender identity, national origin, age, status as a protected veteran or status as a qualified individual with a disability, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. The parties hereby incorporate the requirements of 41 C.F.R. §§ 60-1.4(a)(7), 29 C.F.R. Part 471, Appendix A to Subpart A, 41 C.F.R. § 60-300.5(a) and 41 C.F.R. § 60-741.5(a), if applicable.

a. This contractor and subcontractor shall abide by the requirements of 41 C.F.R. § 60-300.5(a). This regulation prohibits discriminations against qualified protected veterans and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.

b. This contractor and subcontractor shall abide by the requirements of 41 C.F.R. § 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.

21. Nonresident/Foreign Contractors. The Contractor shall procure and maintain during the life of this contract: a. 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 351.570 RSMo.

b. 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.

22. Notices. All notices required or permitted hereinunder and required to be in writing may be given by FAX or by first class mail addressed to City and Contractor at the addresses shown above. The date of delivery of any notice given by mail shall be the date falling on the second full day after the day of its mailing. The date of delivery of notice by FAX transmission shall be deemed to be the date transmission occurs, except where the transmission is not completed by 5:00 p.m. on a regular business day at the terminal of the receiving party, in which case the date of delivery shall be deemed to fall on the next regular business day for the receiving party.

23. Occupational License: The Contractor shall obtain and maintain an occupational license with the City of Springfield, Missouri, if required by city code and any required state or federal license. The cost for this occupational license shall be borne by the Contractor. No contract will be executed by the City until this occupational license has been obtained and that the Contractor is current on any City taxes is verified.

24. Safety Training. Pursuant to Missouri Revised Statute Section 292.675, Contractors and subcontractors who sign a contract to work on public works projects must provide a 10-hour OSHA construction safety program, or similar program approved by the Department of Labor and Industrial Relations, to be completed by their on-site employees, unless such employees hold documentation of prior completion of the program, within sixty (60) days of beginning work on the construction project. The Contractor shall provide an acceptable notarized affidavit stating that Contractor has verified the completion of a 10-hour construction safety program with respect to the employees working in connection with the contracted services. Contractors and subcontractors in violation of this provision will forfeit to the public body $2,500 plus $100 a day for each employee who is employed without training. Public bodies and contractors may withhold assess penalties from the payment due to those contractors and subcontractors. The penalties shall not begin to accrue until the time periods in the statute have elapsed (60 days after notice to proceed and 20 days to produce documentation for employee found in violation).

25. Affidavit for Contracts Over $5,000.00. That pursuant to Missouri Revised Statute Sections 285.525 through 285.550, if this contract exceeds the amount of $5,000.00 and Contractor is associated with a business entity, Contractor shall provide an acceptable


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notarized affidavit stating that the associated business entity is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the contracted services, and that said business entity does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. Additionally, Contractor must provide documentation for said business entity evidencing current enrollment in a federal work authorization program.

26. Certificate of Compliance with 34.600 RSMo. (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 Against Israel 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; companies doing business in or with 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 to contractors with fewer than ten employees.

27. Compliance with Laws. Contractor agrees to comply with all applicable federal, state and local laws or rules and regulations applicable to the provision of services and products hereunder. Contractor affirmatively states that payment of all local, state, and federal taxes and assessments owed by Contractor is current.

28. Entire Agreement. This agreement contains the entire agreement of the parties. No modification, amendment, or waiver of any of the provisions of this agreement shall be effective unless in writing specifically referring hereto and signed by both parties.

29. Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this agreement be adjudicated, venue shall be proper only in the Circuit Court of Greene County, Missouri.


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RECOMMENDED BY: CITY OF SPRINGFIELD, MISSOURI

_______________________________ By: _____________________________ __________

Director of Public Works or Acting Director City Manager or his/her designee Date

If Contractor is a Disadvantaged Business Enterprise (DBE), please indicate classification.

Minority Owned Women Owned Veteran Owned

IN WITNESS WHEREOF, the parties hereto evidence their agreement to the terms of this Contract by their signatures below. CERTIFICATE OF DIRECTOR OF FINANCE CONTRACTOR I certify that the expenditure contemplated by this document is within the purpose of the appropriation to which it is to be By: ______________________________ ____________ charged and that there is an unencumbered balance of Company Authorized Signature Date appropriated and available funds to pay therefore. Name: _______________________________ Print Title: _________________________________ _______________________________ ____________ David Holtmann, Director of Finance Date CITY OF SPRINGFIELD, MISSOURI or Division of Purchases Acting Director of Finance By: ____________________________ __________ APPROVED AS TO FORM Ben Calia, CPPB, City Purchasing Agent Date Or Acting Purchasing Agent ________________________________ ___________ City Attorney or Assistant City Attorney Date



18.4 SAMPLE PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS that (COMPANY NAME) as principal and _______________________________, as surety are held and

firmly bound to the City of Springfield, Missouri, in the sum of ___________________________Dollars ($__________)to be paid to the City

of Springfield, Missouri, and for the lawful payment of said sum we, and each of us, hereby bind ourselves, our heirs, our executors,

administrators, successors and assigns firmly by these presents,

The condition of this Bond is such that:

WHEREAS the above-named principal entered into a contract with the City of Springfield, Missouri, for:

WESTWOOD AVENUE STORMWATER IMPROVEMENTS (2019PW0042) per IFB# 028-2022

NOW, THEREFORE, if the above-named principal shall well and truly:

Keep and perform all of the Contract on his, it’s or their part to be kept and performed, and faithfully comply with all of the laws of the State

of Missouri and all the ordinances of the City of Springfield, Missouri, applicable to the aforesaid Contract and this Bond and the conditions

of said Contract, and at the time stipulated in said Contract or within a reasonable time if no time as stipulated;

Then this obligation shall be void, otherwise it shall remain in full force and effect.

It is understood and agreed that this Bond shall not be avoided because of changes in the plans or specifications for the work, or because of

extensions of time for the performance of work, and the surety above-named does hereby waive notice of and does hereby consent to any

such changes or extensions of time.

In addition to any other remedies which may be had by the City of Springfield, Missouri, under this Bond, the City may in case of default or

abandonment of the Contract hereinbefore referred to notify the surety hereto by registered or certified mail directed to the surety or to its

attorney-in-fact for it authorized at the time of the execution of this Bond that such default or abandonment has occurred, which such

notice need not be detailed but may be in generalities, and the surety shall have the obligation to inquire into the nature of such default or

abandonment and to thereafter within sixty (60) days from the date of such notice proceed toward completion without undue delay of the

improvement in accordance with the Contract aforesaid; and in the event of default on the part of the surety to timely proceed to complete

as aforesaid the City of Springfield, Missouri, shall have the right to itself complete the work, and upon completion to be reimbursed by the

principal, the surety or both of them for the cost of said completion including cost of readvertisements, preparation of new plans, contracts,

and all other ordinary and reasonable expenses in connection with completion of the work, including attorney fees.

This Bond shall be governed by the laws of the State of Missouri. The parties hereto agree that should any litigation arise out of this Bond,

the venue for such litigation shall be in the Circuit Court or Associate Circuit Court of Greene County, Missouri, and the parties hereto

expressly waive all rights to venue inconsistent therewith.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________, 20__, or have caused these

presents to be executed by our authorized agent on the same day and year.

Company: __________________________________________ Approved as to Form:

By: _______________________________________________ ______________________________________

City Attorney or designee

_______________________________________________

Surety: ____________________________________________

By: _______________________________________________



18.5 SAMPLE PAYMENT BOND FOR LABOR AND MATERIALS

KNOW ALL MEN BY THESE PRESENTS that (COMPANY NAME) as principal and ______________________________, as surety are held and

firmly bound to the City of Springfield, Missouri, in the sum of ___________________________Dollars ($__________) to be paid to the City

of Springfield, Missouri, and for the lawful payment of said sum we, and each of us, hereby bind ourselves, our heirs, our executors,

administrators, successors and assigns firmly by these presents,

The condition of this bond is such that:

WHEREAS the above-named principal entered into a contract with the City of Springfield, Missouri, for:

WESTWOOD AVENUE STORMWATER IMPROVEMENTS (2019PW0042) per IFB# 028-2022

NOW, THEREFORE, if the above-named principal shall well and truly:

Pay for any and all materials used in connection with the construction of the work aforedescribed, and all insurance premiums both for

compensation and for all other kinds of insurance on said work above described, and for all labor performed in the work whether by the

principal or by subcontractor or otherwise and at the prevailing hourly rate of wages made applicable to the work as specified by the

contract (if a prevailing hourly rate of wages shall have been so specified).

Then this obligation shall be void, otherwise it shall remain in full force and effect.

It is understood and agreed that this Bond is executed and furnished under the provisions of Section 2.5 of the Springfield City code.

It is understood and agreed that this Bond shall not be avoided because of changes in the plans or specifications for the work, or because of

extensions of time for the performance of work, and the surety above-named does hereby waive notice of and does hereby consent to any

such changes or extensions of time.

It is understood and agreed that any person entitled to payment for any of the matters upon which this Bond is conditioned shall have the

right in his name or in the name of the City of Springfield, Missouri, to bring suit upon this Bond for the recovery of such payment. It is

further agreed that no such suit shall be instituted after the expiration of ninety (90) days from the completion of the contract hereinbefore

referred to unless otherwise provided by of Section 2.5 (d) of the Springfield City Code.

This Bond shall be governed by the laws of the State of Missouri. The parties hereto agree that should any litigation arise out of this bond,

the venue for such litigation shall be in the Circuit Court or Associate Circuit Court of Greene County, Missouri, and the parties hereto

expressly waive all rights to venue inconsistent therewith.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________, 20__, or have caused these presents to

be executed by our authorized agent on the same day and year.

Company: __________________________________________ Approved as to Form:

By: _______________________________________________ __________________________________

City Attorney or designee

Surety: ____________________________________________

By: _______________________________________________



18.6 PARTIAL RECEIPT OF PAYMENT AND RELEASE FORM

KNOW ALL MEN BY THESE PRESENTS THAT: _________________________________________________hereinafter called “Contractor”, for the performance of work and/or the furnishing of material for the construction of a project entitled: ____________________________________________________________________

(Project Title and Project Number) at __________________________________________________________________________________

(Address of Project) for the City of Springfield, Missouri which said contract is by this reference incorporated herein, in consideration of such payment by City of Springfield, DOES HEREBY:

1. ACKNOWLEDGE that he has been paid in full all sums due him for everything done by him, or done by his Subcontractors, material vendors, equipment and fixture suppliers, agents and employees, or otherwise in the performance of the work called for by the aforesaid contract and all modifications or extras or additions thereto, for the construction of said project or otherwise.

2. REPRESENT that all of his employees, Subcontractors, material vendors, equipment and fixture suppliers and everyone else has been paid in full all sums due them, or any of them, in connection with performance of said work, or anything done or omitted by them or any of them in connection with the construction of said improvements, or otherwise.

This partial receipt of payment release applies to all work performed by Contractor through and including this _____________day of _____________,20___. ________________________________ Name of Contractor By: ______________________________ Type or Print _________________________________ Signature _________________________________ Title



18.7 FINAL RECEIPT OF PAYMENT AND RELEASE FORM

KNOW ALL MEN BY THESE PRESENTS THAT: _________________________________________________hereinafter called “Contractor”, for the performance of work and/or the furnishing of material for the construction of a project entitled:


(Address of Project) for the City of Springfield, Missouri which said contract is by this reference incorporated herein, in consideration of such FINAL payment by City of Springfield,

DOES HEREBY: 1. ACKNOWLEDGE that he has been paid in full all sums due him for everything done by him, or done by his

Subcontractors, material vendors, equipment and fixture suppliers, agents and employees, or otherwise in the performance of the work called for by the aforesaid contract and all modifications or extras or additions thereto, for the construction of said project or otherwise.

2. RELEASE and fully, finally and forever discharge the City of an from any and all suits and actions, claims and

demands of whatsoever kind of character arising out of or in any manner related to anything and everything done or omitted by Subcontractor, its Subcontractors, material vendors, equipment and fixture suppliers, agents and employees, in the performance of or connected with its/their performance of said work, or otherwise.

3. REPRESENT that all of his employees, Subcontractors, material vendors, equipment and

fixture suppliers and everyone else has been paid in full all sums due them, or any of them, in connection with performance of said work, or anything done or omitted by them or any of them in connection with the construction of said improvements, or otherwise.

DATED this _____________________________day of _______________________, 20____.

________________________________ Name of Contractor By: ______________________________ Type or Print _________________________________ Signature _________________________________ Title



18.8 PARTIAL RECEIPT OF PAYMENT AND RELEASE FORM

KNOW ALL MEN BY THESE PRESENTS THAT: _________________________________________________hereinafter called “Subcontractor” who heretofore entered into a subcontract with _________________, hereinafter called “Contractor”, for the performance of work and/or the furnishing of material for the construction of a project entitled: ____________________________________________________________________


(Address of Project) for the City of Springfield, Missouri which said subcontract is by this reference incorporated herein, in consideration of such payment by contractor,

DOES HEREBY: 1. ACKNOWLEDGE that he has been paid in full all sums due him for everything done by him, or done by his

Subcontractors, material vendors, equipment and fixture suppliers, agents and employees, or otherwise in the performance of the work called for by the aforesaid contract and all modifications or extras or additions thereto, for the construction of said project or otherwise.

2. REPRESENT that all of his employees, Subcontractors, material vendors, equipment and

fixture suppliers and everyone else has been paid in full all sums due them, or any of them, in connection with performance of said work, or anything done or omitted by them or any of them in connection with the construction of said improvements, or otherwise.

This partial receipt of payment release applies to all work performed by Subcontractor through and including this _____________day of _____________,20___. ________________________________ Name of Subcontractor By: ______________________________ Type or Print _________________________________ Signature _________________________________ Title



18.9 FINAL RECEIPT OF PAYMENT AND RELEASE FORM

KNOW ALL MEN BY THESE PRESENTS THAT: _________________________________________________hereinafter called “Subcontractor” who heretofore entered into a subcontract with _________________, hereinafter called “Contractor”, for the performance of work and/or the furnishing of material for the construction of a project entitled:


(Address of Project) for the City of Springfield, Missouri which said subcontract is by this reference incorporated herein, in consideration of such FINAL payment by Contractor,

DOES HEREBY: 1. ACKNOWLEDGE that he has been paid in full all sums due him for everything done by him, or done by his Subcontractors, material vendors, equipment and fixture suppliers, agents and employees, or otherwise in the performance of the work called for by the aforesaid contract and all modifications or extras or additions thereto, for the construction of said project or otherwise. 2. RELEASE and fully, finally and forever discharge Contractor and the City of an from any and all suits and actions, claims and demands of whatsoever kind of character arising out of or in any manner related to anything and everything done or omitted by Subcontractor, its Subcontractors, material vendors, equipment and fixture suppliers, agents and employees, in the performance of or connected with its/their performance of said work, or otherwise. 3. REPRESENT that all of his employees, Subcontractors, material vendors, equipment and fixture suppliers and everyone else has been paid in full all sums due them, or any of them, in connection with performance of said work, or anything done or omitted by them or any of them in connection with the construction of said improvements, or otherwise.

DATED this _____________________________day of _______________________, 20____.

________________________________ Name of Subcontractor By: ______________________________ Type or Print _________________________________ Signature _________________________________ Title



18.10 WAGE LABOR STANDARDS INTERVIEW FORM

LABOR STANDARDS INTERVIEW

CONTRACT NUMBER EMPLOYEE INFORMATION

LAST NAME FIRST NAME MI

NAME OF PRIME CONTRACTOR

STREET ADDRESS

NAME OF EMPLOYER

CITY STATE ZIP CODE

SUPERVISOR'S NAME

LAST NAME FIRST NAME MI WORK CLASSIFICATION WAGE RATE

ACTION CHECK BELOW

YES NO

Do you work over 8 hours per day?

Do you work over 40 hours per week?

Are you paid at least time and a half for overtime hours?

Are you receiving any cash payments for fringe benefits required by the posted wage determination decision?

WHAT DEDUCTIONS OTHER THAN TAXES AND SOCIAL SECURITY ARE MADE FROM YOUR PAY?

HOW MANY HOURS DID YOU WORK ON YOUR LAST WORK DAY BEFORE

THIS INTERVIEW? TOOLS YOU USE

DATE OF LAST WORK DAY BEFORE INTERVIEW (YYMMDD)

DATE YOU BEGAN WORK ON THIS PROJECT (YYMMDD)

THE ABOVE IS CORRECT TO THE BEST OF MY KNOWLEDGE

EMPLOYEE'S SIGNATURE DATE (YYMMDD)

INTERVIEWER SIGNATURE TYPED OR PRINTED NAME DATE (YYMMDD)

INTERVIEWER'S COMMENTS

WORK EMPLOYEE WAS DOING WHEN INTERVIEWED ACTION (If explanation is needed, use comments section) YES NO

IS EMPLOYEE PROPERLY CLASSIFIED AND PAID?

ARE WAGE RATES AND POSTERS DISPLAYED?

FOR USE BY PAYROLL CHECKER

IS ABOVE INFORMATION IN AGREEMENT WITH PAYROLL DATA?

YES NO

COMMENTS

CHECKER

LAST NAME FIRST NAME MI JOB TITLE

SIGNATURE DATE (YYMMDD)

AUTHORIZED FOR LOCAL REPRODUCTION Previous edition not usable

STANDARD FORM 1445 (REV. 12-96) Prescribed by GSA - FAR (48 CFR) 53.222(g)



18.11 CERTIFICATE OF COMPLIANCE AND AFFIDAVIT

STATE OF MISSOURI) Re: Contract No._______________ ) SS. Wage Determination No._________ COUNTY OF GREENE) Project: _______________________ ______________________________ (a) _____________________________________ on his oath being duly sworn states that all

subcontractors have been paid and that the Contractor and all subcontractors have discharged fully all indebtedness incurred by them, or any one of them or for work and labor done, or for materials or equipment furnished or used in connection with the performance and the completion of said above stated construction project and that all claims whether to persons or property arising out of or related to any manner whatsoever to the said construction project have been paid or settled and that all contractors and subcontractors employed or who did work on said construction project have complied with all provisions and requirements of Sections 290.210 to .340 RSMo 1959 as amended 1969 and that all workmen performing work under this contract were paid not less than the general prevailing straight time hourly wage rates or the general prevailing hourly rates for legal holidays and overtime work as such rates were determined and certified in the Special Wage Determination made by the Industrial Commission of Missouri and attached to the said contract herein.

(b) The Contractor has complied with all terms and conditions of the contract. (c) The Contractor hereby certifies that all lot pins disturbed by the construction have been reset by a Registered Land

Surveyor in accordance with Chapter II, Section C, Paragraph 6, of the General Conditions and Technical Specifications.

(d) Contractor Guarantee. The Contractor hereby agrees to be responsible for the condition of all material and all

work performed as part of this contract and such material and labor shall be guaranteed by the Contractor and his surety against defective workmanship and/or material found to be defective in manufacture or which has been damaged in handling or placement after delivery for a period of 12 months after acceptance by the City. Contractor shall repair, replace, or otherwise make good at his own expense any such defect or failure which may become evident within the guarantee period, excepting as may be due to normal use or wear.

__________________________________________

Name, Title __________________________________________ Company Name Subscribed and sworn to before me this _________________ day of _____________________, 20____. __________________________________________ Notary Public My commission expires: ______________________



18.12 DAILY CONSTRUCTION REPORT PAGE of

DAY

JOB NAME

JOB #

SUPERVISOR

DATE WEATHER TEMP AM PM

EMPLOYEE HOURS WORK PERFORMED

MATERIAL MATERIAL USED

EQUIPMENT HOURS WORK PERFORMED

SUBCONTRACTORS ON SITE HRS. WORKED # MEN WORK PERFORMED

VISITORS ON SITE/CONVERSATIONS

SAFETY / WALKAROUND

SIGNATURE

COMPANY



18.13 APPLICATION AND CERTIFICATION FOR PAYMENT

The City of Springfield General Conditions and Technical Specifications Article 14 specifies payment process and procedures. Per 14.01.B:

The contractor will be paid as follows: on the 22nd day of each month the Owner will measure and compute the amount of work performed during the month and the value thereof at the contract unit price. On or about the 10th day of the month following, the contractor will be paid an amount equal to the estimated value of the work performed less the retained amount as stipulated in the agreement until construction is completed.