Site work for a water / sewer project in Kansas City, Missouri. Completed plans call for site work for a water / sewer project.

INSTRUCTIONS TO BIDDERS Project/Contract Numbers: 80002486/9829 Project Title: Emergency Water Distribution System Repairs 00210 Instructions to Bidders 09152022 1 of7 Contract Central 1. Sealed Bids for Project/Contract Nos. 80002486/9829 for the Emergency Water Distribution System Repairs project will be received by the General Services Department at 4800 E. 63rd Street, Kansas City, MO 64130 until 2:00 P.M., on Tuesday, September 12, 2023 at which time bidding will be closed. CITV CT FOUNTAINS Cl I 1 Ol FOUNTAINS HFAR I Ol THE NAT ION KANSAS CITY MISSOURI a. The City will determine the lowest, responsive and responsible Bid. The City may reject any or all bids. Ifthe City rejects all Bids, the City may: (1) resolicit Bids following the City's normal solicitation procedure; or (2) solicit Bids only from those Bidders that submitted a Bid pursuant to the original solicitation; or (3) use an expedited Bid submission schedule with or without readvertising or issuing any other public notice when the City determines that the delay from the normal City solicitation procedure would not be in the City's best interests. b. Alternates. If this solicitation includes Bid Alternates, the City, in its sole discretion, may include any, all or none ofthe Alternates in determining the lowest, responsive and responsible Bid. In determining lowest, responsive and responsible Bid, the City may include the Alternates in any combination and in any order or priority or choose none ofthe Alternates. The City may make this determination at any time after Bid Closing and prior to Contract award. The City will act in the best interest of the City in determining whether to include any, all or none of the Alternates and the combination and priority of any Alternates selected. If additional funding becomes available after Contract award, City may add any or all ofthe Alternates to the Contract by change order. 3. Evidence of Competency to Perform. Each bidder shall furnish with the bid satisfactory evidence of Bidder's competency to perform the proposed work. Such evidence of competency shall consist of the following: a. Completed Form 00410.01 Experience Reference Summary for three projects of similar scope performed within the past 5 years including the name, address and telephone number of the contact person having knowledge ofthe project and the dollar value ofthe project. b. Statement that, during the three (3) years immediately preceding the date ofthe Bid, Bidder has received no written notices of violations of any federal or state prevailing wage statute in which prevailing wage penalties were assessed against the Bidder or Bidder has been found in such but has made restitution to affected workmen and complied with any statutory penalty; and a a. All Bids will be opened and read aloud. The Bid Envelope must contain all required submissions to be included with the Bid. No Bid may be withdrawn for a period of ninety (90) days after the Bid is opened. Bid security shall likewise continue for the same ninety (90) days unless earlier released by the City. The successful Bidder shall comply with all Bidding and contract requirements. Bids, once opened and read, may not be withdrawn without forfeiture of the Bid security. b. All Bids shall be addressed to the Leona Walton, Senior Procurement Officer, and shall state on the outside of the sealed Bid envelope "Bid Enclosed", title and Project number, and shall be deposited in the locked Bid box. All Bids must comply with the Bidding Requirements of Kansas City, Missouri (CITY). 2. Consideration ofBids 00210 Instructions to Bidders 09152022 2 of7 Contract Central i. Summary ofthe Project Safety Plan for the Project. (1) Describe how Bidder proposes to address any unique safety issues for the Project (2) Describe your safety record and environmental compliance record along with your Firm's OSHA reportable accident rates on recent comparable size projects (3) Statement ofBidder's Experience Modification Ratio (EMR) j. Discuss Bidder's understanding of the traffic control required for the Project, if applicable, and how traffic control will impact the Project schedule. Discuss any major traffic control issues that need to be addressed and Bidder's proposed solutions. k. Identify any other special issues or problems that are likely to be encountered. Outline the manner in which Bidder suggests resolving them. l. Outline key community relations issues and how they might be resolved. m. Describe any difficulties Bidder anticipates encountering in serving the City, in light ofthe City's status as a municipality and public entity. Explain how Bidder plans to manage them. n. Summary ofBidder's Quality Assurance/Quality Control Plan for this project o. Statement regarding all work performed two (2) years immediately preceding the date ofthe Bid, that contains either (a) a contract by contract listing of any written notices of violations of any federal, state or local DBE/MBE/WBE Program and any damages assessed; or (b) a statement that there have been no such written notices of violations or such penalties assessed; and a statement that Program requirements have been met. p. Statement that the Bidder has not been rescinded or debarred from any bidding, contractual, procurement, or other such programs by federal, state or local entities. statement that Bidder is current on payment of Federal and State income tax withholdings and unemployment insurance payments c. Statement that Bidder participates in a training program that facilitates entry into the construction industry and which may include an on-the-job or in-house training program. By submitting its Bid, Bidder is agreeing to timely submit during the 48 hours after Bid opening an affidavit of describing such program and Bidder's participation. d. Identify the following Key Personnel proposed for the Project. (NOTE: Key Personnel must be committed to the Project for its duration, and may not be removed or substituted without the City's prior written consent.) ( 1 ) GC Project Manager (2) On-Site Field Superintendent e. For each ofthe Key Personnel, provide the following background information. ( 1 ) Years of employment with current employer (2) City ofresidence (3) Identify any other projects this person will be involved with concurrently with the Project, and state the time commitment for the Project and each other project (4) Discuss professional registrations, education, certifications, and credentials held by this person that are applicable to the Project f. Discuss generally the tasks involved in the Project. g. Illustrate clearly and concisely Bidder's understanding of the technical elements that must be addressed for successful completion ofthe Project. h. Describe key issues that might affect the Project schedule and how Bidder proposes to address them. qr. s. t. u. 00210 Instructions to Bidders 09152022 3 of7 Contract Central Statement that Bidder is current on payment of Federal and State income tax withholdings and unemployment insurance payments Statement of Bidder's litigation and/or arbitration history over the past five (5) years including final ruling. Statement of Bidder's bond history over the past five (5) years including any incidences of failure to perform. MBE I WBE past project performance and compliance with participation goals in comparable size commercial projects List and describe in detail Bidder's past experience repairing large diameter (>12") water mains, vales and fittings. 4. Waiver of Bid Requirements The City Manager or his delegate at any time may waive any requirements imposed by this solicitation or by any City regulation when failure to grant the waiver will result in an increased cost to the City and the requirement waived would be waived for all Bidders for this solicitation and it is in the best interest ofthe City to grant the waiver. The City Council at any time may waive any requirements imposed in this solicitation by the City's Code of Ordinances when it finds failure to grant the waiver will result in an increased cost to the City and the waived requirement would be waived for all Bidders for this solicitation and it is in the best interest ofthe City to grant the waiver. The City reserves the right to waive any irregularities and/or formalities as deemed appropriate. 5. Late Bids Bids and modifications ofBids received after the exact hour and date specified for receipt will not be considered unless: (1) the Bid is sent via the U.S. Postal Service, common carrier or contract carrier, by a delivery method that guarantees the Bid will be delivered to the City prior to the submission deadline; or (2) ifthe Bid is submitted by mail, common carrier or contract carrier it is determined by the City that the late receipt was due solely to an error by the U.S Postal Service, common carrier or contract carrier; or (3) the Bid is timely delivered to the City but is at a different City location than that specified in this IFB; or (4) the City extends the time after the deadline for a force majeure event that could potentially affect any or all Bidders meeting the deadline. 6. Interpretations and Addenda All questions about the meaning or intent of the Bidding Documents may be directed to the Project Manager listed at the end ofthese Instructions to Bidders. Interpretations or clarifications considered necessary by the Project Manager in response to such questions will be issued by Addenda to all parties recorded as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only answers issued by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City. 7. Bid Security Requirements All Bids submitted must be accompanied by a Bid deposit in the amount of five percent (5%) of the base Bid which shall be in the form of a Bid Bond (on the form provided in these Bidding Documents), Cashier's Check, Letter of Credit, Certificate of Deposit or other instrument approved in advance by the City. Prior to submittal ofthe Bid the City Treasurer must approve both the financial institution and text of a Letter ofCredit. A Cashier's Check or a Certificate ofDeposit shall be payable to the City Treasurer. 8. Forfeiture of Security If a Bidder fails or refuses to execute the Contract when requested by the City, any Bid security given to the City shall immediately become due and payable and forfeited to the City as liquidated damages. 9. Mistake in Bid Security By submitting a Bid, Bidder is agreeing to correct any mistakes on a Bid security submission when requested by the City. When such a mistake occurs and a Bidder fails or refuses to correct the mistake or execute the Contract when requested by the City, any Bid security shall be forfeited to the City and the Bidder shall also be subject to debarment and damages. 10. Bids that Exceed the Engineer's Estimate The City may offer the apparent lowest, responsive and responsible Bidders the option ofperforming the Work for the Engineer's estimate for the Project with no 00210 Instructions to Bidders 09152022 4 of7 Contract Central changes to the Bid requirements or scope of the Project if the Bid is not more than five percent higher than the Engineer's estimate. 11. Post Bid Required Submissions The successful Bidder will be required to submit the following documents with the signed copies of the Bid Form/Contract or within the timeframes specified in the Notice ofIntent to Contract letter. Copies ofthe City's forms that the successful Bidder will be required to sign are bound into this Project Manual for information: a. Properly signed, dated, and sealed Performance and Maintenance Bond and Payment Bond; b. Properly completed certificates ofinsurance; c. Copies oflicenses required by the City to do the Work; d. A copy of CONTRACTOR'S current Certificate of Good Standing or Fictitious Name Registration from the Missouri Secretary of State, or other acceptable proof; and 12. Indemnification - City of Kansas City. The contract documents contains a requirement that Contractor shall indemnify, defend and hold harmless the City and any ofits agencies, officials, officers, or employees from and against all claims, damages, liability, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or resulting from any acts or omissions in connection with the contract, caused in whole or in part by Contractor, its employees, agents, or Subcontractors, or caused by others for whom Contractor is liable, including negligent acts or omissions of the City, its agencies, officials, officers, or employees. The contract requires Contractor to obtain specified limits ofinsurance to insure the indemnity obligation. Contractor has the opportunity to recover the cost of the required insurance in the Contract Price by including the cost ofthat insurance in the Bid amount. 13. City's Buy American and Missouri Preference Policies It is the policy of the City that any manufactured goods or commodities used or supplied in the performance of any City contract or any subcontract thereto shall be manufactured or produced in the United States whenever possible. When Bids offer quality, price, conformity with specifications, term of delivery and other conditions imposed in the specifications that are equal, the City shall select the Bid that uses manufactured goods or commodities that are manufactured or produced in the United States. The City shall give preference to all commodities manufactured, produced, or grown within the State of Missouri and to all firms, corporations, or individuals doing business as Missouri firms, corporations or individuals, when quality is equal or better and delivered price is the same or less. It is the bidder's responsibility to claim these preferences. 14. Affirmative Action It is the policy ofthe City that any person or entity entering into a contract with the City, will employ applicants and treat employees equally without regard to their race, color, sex, religion, national origin or ancestry, disability, sexual orientation, gender identity or age. Bidder will be required to comply with the City's Affirmative Action ordinance ifBidder is awarded a contract from the City totaling more than $300,000.00. If you have any questions regarding the City's Affirmative Action requirements, please contact CREO KC at (816) 513-1836 or visit the City's website 15. Tax Clearance Bidder will be required to furnish to CITY sufficient prooffrom City's Commissioner of Revenue, verifying that Bidder is in compliance with the license and tax ordinances administered by City's Revenue Division as a precondition to CITY making its first payment under any CONTRACT over $160,000.00. Bidder will also be required to obtain proof of City tax compliance from all of its Subcontractors prior to the Subcontractors performing any Work. 16. Substitutions or "Or-Equal" Items The procedure for submission of substitutions or "or-equal" items is set forth in the General Conditions and Supplementary Conditions. 17. Prevailing Wage Requirements The successful Bidder shall pay the prevailing hourly rate of wages as determined by the Missouri Annual Wage Order and/or Federal Wage Determination set forth in the Project Manual. In case of a conflict between Missouri and Federal wage rates, the higher rate shall apply. Successful Bidder shall be required to use City's Internet web based Prevailing Wage Reporting System provided by City and protocols included in that software during the term of this Contract. When requested by the City, Bidder shall submit user applications to City's provided Prevailing Wage Reporting System for all applicable personnel and shall require subcontractors to submit same. 00210 Instructions to Bidders 09152022 5 of7 Contract Central Successful Bidder shall be required to use City's Internet web based Workforce Program Reporting System provided by City and protocols included in that software during the term ofthis Contract. When requested by the City, Bidder shall submit user applications to City's provided Workforce Program Reporting System for all applicable personnel and shall require subcontractors to submit same. 23. Subcontractors, Suppliers and Others a. Ifthe Contract Documents require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items ofmaterial and equipment) to be submitted to City, the apparent lowest, responsive and responsible Bidder, and any other Bidder so requested, shall submit to City a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. An experience statement shall accompany such list with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier or organization ifrequested by City. If City has reasonable objection to any proposed Subcontractor, Supplier or other person or organization, City may request the apparent lowest, responsive and responsible Bidder to submit an acceptable substitute without an increase in Bid price. 20. Waiver of MBE/WBE Requirements The City Council may waive any and all MBE/WBE requirements imposed by any Bidding Document or the MBE/WBE Ordinance and Contract with the lowest, responsive and responsible Bidder ifthe City Council determines a waiver is in the best interests ofthe City. 21. Forfeiture ofBid Bond for Failure to Make MBE/WBE Submissions By submitting its Bid, Bidder is agreeing to the following: (1) Bidder has made by Bid opening a good faith effort to meet the MBE/WBE goals established for the Project; or Bidder will continue to make during the 48 hours after Bid opening a good faith effort to meet the MBE/WBE goals established for the Project; and (2) Bidder will timely submit its 00450 CREO KC Construction Contractor Utilization Plan/Request for Waiver (CREO KC Form 08) and 00450.01 CREO KC Letter of Intent to Subcontract for each MBE/WBE listed on the 00450 CREO KC Construction Contractor Utilization Plan/Request for Waiver; and (3) Bidder will submit documentation ofits good faith efforts to meet the MBE/WBE goals when requested by the City. Failure to meet these requirements in good faith will result in Bidder being debarred and forfeiting its Bid Bond. 18. Contract Information Management System. Successful Bidder shall be required to use City's Internet web based Contract Information Management System/Project Management Communications Tool provided by City and protocols included in that software during the term of this Contract. Bidder/Proposer shall submit user applications to City's provided Contract Information Management System for all personnel, subcontractors or suppliers as applicable. 19. MBE/WBE Program Requirements City desires that Minority Business Enterprises (MBE) and Women's Business Enterprises (WBE) have a maximum opportunity to participate in the performance of City contracts. The goals for this specific Project are (11%) MBE participation and (11%) WBE participation. The City's CREO KC Forms and CREO KC Instructions for Construction Projects are incorporated into these Bidding Documents and the Contract Documents. The MBE/WBE Directory is available on the City's website at www.kcmo.gov. Please call the Civil Rights & Equal Opportunity (CREO KC) Department at (816) 513-1836 for assistance. Successful Bidder shall be required to use City's Internet web based MBE/WBE Program Reporting System provided by City and protocols included in that software during the term ofthis Contract. When requested by the City, Bidder shall submit user applications to City's provided MBE/WBE Program Reporting System for all applicable personnel and shall require subcontractors/subconsultants to submit same. 22. Workforce Program Requirements. City desires that minorities and women have a maximum opportunity to practice their trades on city construction projects. The minimum company-wide goals are a ten percent (10%) minority workforce and two percent (2%) women workforce. The City's CREO KC Forms and CREO KC Instructions for Construction Projects are incorporated into these Bidding Documents and the Contract Documents. 00210 Instructions to Bidders 09152022 6 of7 Contract Central b. By submitting its Bid, Bidder agrees that it has read and understands all the provisions of General Condition No. 6.07, Concerning Subcontractors, Suppliers and Others, and that it will comply with all those provisions including but not limited to mandatory mediation of disputes and the prohibition against paid-if-paid and paid-when-paid contract clauses. It is the City's expectation that all Subcontractors and Suppliers will be treated fairly and in good faith by the successful Bidders and that the successful Bidder will make all reasonable efforts to resolve contract disputes with a Subcontractor or Supplier in a prompt and fair manner. If the City is notified by a Subcontractor or Supplier of a contract claim with the successful Bidder, City will notify the successful Bidder and will request prompt resolution ofthe claim. City will provide any such Subcontractor or Supplier information regarding mandatory mediation as well as a copy ofthe Payment Bond. City may notify the Surety that City has taken cognizance ofsuch claim. c. In accordance with the Missouri Prompt Payment Act, City reserves the right to withhold payment(s) in good faith from the successful Bidder due to: i) the successful Bidder's failure to comply with any material provision ofthe contract; ii) third party claims filed or reasonable evidence that a claim will be filed; iii) the successful Bidder's failure to make timely payments for labor, equipment or materials; or iv)for damage to a Subcontractor or Supplier. d. By submitting its Bid, Bidder agrees it will not deny any Subcontractor subcontracting opportunities solely because the Subcontractor is not a signatory to collective bargaining agreements with organized labor. the parties to the Joint Venture authorized to sign on behalf of each party to the Joint Venture, or a person authorized by each party to the Joint Venture to sign on behalf of all parties to the Joint Venture. Corporation: a corporate office authorized to sign on behalf ofthe corporation. Corporation's seal must be attached to the signature. 25. Forward all questions in writing to the following Project Manager and Contract Administrator. Questions received less than Five (5) days prior to the Bid Date may not be answered. Interpretations or clarifications considered necessary by the Project Manager in response to such questions will be issued by Addenda to all Bidders. Oral or other interpretations or clarifications shall be without legal effect, even if made at a Pre-Bid Meeting. e. The provisions of GC 6.07 are a material term of the Contract with the City and failure by the successful Bidder to comply with the provisions ofthis section will be taken into consideration by City in making the determination oflowest, responsive and responsible bidder in any subsequent City contracts. 24. Signatures Each copy ofthe Bid Form/Contract must be signed and properly dated by the following, as applicable: Limited Liability Company: a member ofthe limited liability Company authorized to sign on behalfofthe company. Partnership: a partner authorized to sign on behalfofthe partnership. Sole Proprietor: the proprietor. Joint Venture: 00210 Instructions to Bidders 09152022 7 of7 Contract Central Leona Walton, Senior Procurement Officer General Services Department 4800 E. 63rd Street Kansas City, MO 64130 (816) 513-0220 Phone Number E-mail: LeonaWalton@kcmo.org Jason Wright, Project Manager Water Services Department 4800 E. 63rd Street Kansas City, MO 64130 (816) 513-4772 Phone Number E-mail: jason.wright@kcmo.org Forpersons with disabilities needing reasonable accommodations please contact Jean Lawson at 816- 513-6566. Ifyou need to use the Relay Service, please dial 711. If you have any questions regarding the completion of this form, please contact the Civil Rights & Equal Opportunity Department at: (816) 513-1836 Questions received less than Five (5) days prior to the Bid Date may not be answered