Sports Park Well Equipment & VFD

CITY OF O’FALLON, MISSOURI PURCHASING DEPARTMENT 100 North Main Street O’Fallon, MO 63366 T: (636) 379-5527 FURNISH AND DELIVER BID INVITATION TO BID: 21-071 BID ISSUE DATE: 11/5/2021 BID DESCRIPTION: SPORTS PARK WELL EQUIPMENT & VFD BID OPENING DATE: 11/30/21 BID OPENING TIME: 2:00 PM CDT COPIES REQUIRED: 1 ORIGINAL BID BOND REQUIRED: YES (5% OF BID) PREVAILING WAGE DOES NOT APPLY TO THIS BID Mandatory Pre-Bid Meeting on November 17, 2021 at 1:00 PM at 49 Sports Park Dr., O’Fallon MO 63368 BID RESPONSES MUST BE RECEIVED AND TIME STAMPED NO LATER THAN THE PUBLIC BID OPENING DATE AND TIME (LOCAL TIME) SPECIFIED ABOVE. BIDS WILL BE OPENED AND READ ALOUD AT THAT TIME IN THE COUNCILMEN’S CONFERENCE ROOM ON THE FIRST FLOOR OF THE MUNICIPAL CENTER. LATE BIDS WILL NOT BE OPENED OR CONSIDERED. TO ALL PROSPECTIVE BIDDERS: You are hereby invited to submit your bid for the item(s) to be furnished and delivered, shipped F.O.B. delivered, to the address specified herein on the forms supplied.

Do not staple or submit bid in any type of binder; binder clips are acceptable. The original bid, along with the bid bond (if applicable), must be received in a sealed envelope that has your company name and address in the upper left corner and the attached label filled in and pasted on the lower left corner. All bids are subject to staff analysis. The City of O’Fallon, Missouri reserves the right to accept or reject any and all bids received and waive any and all technicalities. QUESTIONS SHOULD BE SUBMITTED IN WRITING VIA E-MAIL OR FAX BY 12:00 P.M. on 11/19/2021 TO THE PURCHASING AGENT. QUESTIONS WILL BE ANSWERED BY END OF DAY ON 11/22/2021. Addendum information is available over the Internet at www.ofallon.mo.us. We strongly suggest that you check for any addenda a minimum forty-eight hours (48) in advance of the bid deadline. PURCHASING AGENT: JULIE MOELLERING PHONE: E-MAIL: FAX: 636.379.5527 jmoellering@ofallon.mo.us 636.978.4144 BIDS MUST BE DELIVERED AND TIME STAMPED, PRIOR TO THE PUBLIC BID OPENING DATE AND TIME, TO: CITY OF O’FALLON ATTN: JULIE MOELLERING, PURCHASING AGENT 100 NORTH MAIN STREET O’FALLON, MO 63366 FULL NAME OF BIDDER BID CONTACT PERSON TELEPHONE NUMBER FACSIMILE AND/OR E-MAIL TRANSMITTED BIDS WILL NOT BE ACCEPTED http://www.ofallon.mo.us/ mailto:jmoellering@ofallon.mo.us CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 2 of 38 INSTRUCTIONS TO BIDDERS BID REQUIREMENTS: The City of O’Fallon, Missouri (the “City”) requires all bids be submitted on the blank bid form furnished with these contract documents and shall conform to the terms and conditions set forth in the “Instructions to Bidders”, “General Conditions” and “Special Conditions” of the contract. Please make and retain a copy of this bid for your records. The bid must be enclosed in a sealed envelope bearing the bid number and the printed title of the bid. Bidders must sign, in ink, the bid form and all other documents where indicated. Where applicable, the Bidder shall furnish with the bid, one set of all available literature pertaining to the equipment and/or material to be furnished under the bid. Bidder shall acknowledge receipt of each addendum issued in the space provided on the bid form. The total price quoted by the Bidder must be the total cost delivered to the location(s) stated in the “Special Conditions” or “Specifications”. Bidder must not qualify his bid by stating a F.O.B. location other than such stated location(s). In the specifications, whenever an article or material is defined by brand name, the name and catalog number of a particular manufacturer, vendor or a limited description, the term "OR APPROVED EQUAL" is written. Any reference to a particular manufacturer's product either by brand name or limited description is only for purposes of setting a standard of performance, quality, composition, construction or size. If there is any deviation in the pack, source, quality, etc., of an item bid, from that prescribed in the specifications, the appropriate line in the specifications will be ruled out and the substitution clearly indicated. However, if "OR APPROVED EQUAL" is not written and you cannot bid the specified item, the Bidder may submit an alternate bid. The City will consider the bids covering the specified article or material first. The City, for cost effective measures, standardizes on specific items; those bids will contain the language "no substitution," and any alternative will not be considered. ALTERNATE/EQUAL BIDS: The City recognizes the expertise provided by many bidders and encourages creativity in bidding. Alternates may be considered if the bid submitted clearly indicates what will be furnished and how it will benefit the City. Alternates will be compared to the lowest responsive, responsible bid as specified. The City reserves the right to approve any material the Bidder proposes to furnish which contains variations from specification requirements but which may substantially comply. CONTRACT AWARD INFORMATION: Award notification will be sent to the vendor receiving the award via mail or fax. Response summaries will be available at www.ofallon.mo.us under Bid Opportunities. This summary information will include bids that were delivered by the required bid opening date and time. CONTRACT DOCUMENT COMPONENT PARTS: The contract documents herein named include all of the following component parts, all of which are fully a part of this contract as if herein set out verbatim, or, if not attached, as if hereto attached. 1) Instructions to Bidders 2) General Conditions 3) Special Conditions 4) Bid Form 5) References 6) Specifications 7) Pricing/Signatures 8) Any and all addenda to the foregoing All documents are or will be on file in the office of the City Clerk, City of O’Fallon, MO, 100 North Main, O’Fallon, MO 63366. http://www.ofallon.mo.us/ CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 3 of 38 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions shall be described fully, on the Bidder's letterhead, signed, and attached to the Bid Form. In the absence of such statement, the bid shall be considered as if submitted in strict compliance with all terms, conditions, and specifications; the Bidder shall be held liable. Bidders are cautioned to avoid making deviations and exceptions to the specifications, which may result in rejection of their bid. EXAMINATION BY BIDDER: The Bidder shall, before submitting his bid, carefully examine the bid, specifications and contract documents. If his bid is accepted, he will be responsible for all errors in his bid resulting from his failure or neglect to comply with these instructions. Unless otherwise provided in the SPECIAL CONDITIONS, when the specifications include information pertaining to preliminary investigations made by the City, such information represents only the opinion of the City as to the location, character or quantity of the materials encountered. That information is only included for the convenience of the Contractor. The City assumes no responsibility whatsoever with respect to the sufficiency or accuracy of the information. FACSIMILE/E-MAIL TRANSMITTALS: Facsimile and/or e-mail transmitted bids will not be accepted by the City. INDEMNITY: The Contractor shall, at all times, fully indemnify, hold harmless, and defend the City and its officers, members, agents, and employees from and against any and all claims and demands, actions, causes of action, and cost and fees of any character whatsoever made by anyone whomsoever on account of or in any way growing out of the performance of this contract by the Contractor and its employees, or because of any act or omission, neglect or misconduct of the Contractor, its employees and agents or its subcontractors including, but not limited to, any claims that may be made by the employees themselves for injuries to their person or property or otherwise. Such indemnity shall not be limited by reason of the enumeration of any insurance coverage herein provided. Nothing contained herein shall be construed as prohibiting the City, its directors, officers, agents, or its employees, from defending through the selection and use of their own agents, attorneys and experts, any claims, actions or suits brought against them. The Contractor shall likewise be liable for the cost, fees and expenses incurred in the City’s or the Contractor’s defense of any such claims, actions, or suits. INTERPRETATION OF CONTRACT DOCUMENTS: If a potential Bidder is uncertain as to the meaning of any part of the specifications or other contract documents, the bidder is expected to submit questions to the Purchasing Agent. The Purchasing Agent is the point of contact for this bid. All communications regarding this bid packet must be directed to the Purchasing Agent. All contact with the City should be channeled through the Purchasing Agent. No contact with other City employees, officials, or City Council members is to be made by responding proposers throughout the entire process. If a question can be answered by directing the questioner to a specific section of the bid packet, then the Purchasing Agent may answer the question over the telephone. Other questions may be more complex and may require a written amendment to the specifications. The Purchasing Agent will make this determination. Oral communication is considered unofficial and non-binding on the City. If an amendment to the specifications is issued, it will be provided to all offerors that were issued a copy of the bid packet and to those that have requested a copy of the bid packet from the Purchasing Agent. Julie Moellering, Purchasing Agent Fax: 636-978-4144 E-mail: jmoellering@ofallon.mo.us Only questions answered by formal written addenda will be binding. Oral and interpretations or clarifications will be without legal affect. mailto:jmoellering@ofallon.mo.us CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 4 of 38 PREPARATION OF BIDS: The Bidder shall return his bid on the attached bid forms. Bids must be returned with all pages intact. Please make and retain a copy of this bid for your records. Unless otherwise stated, all blank spaces on the bid page or pages, applicable to the subject specification, shall be correctly filled in. Either a unit price or a lump sum price, or both as the case may be, shall be stated for each and every item, either typed in or printed in ink, in figures, and if required in words. Bidder shall acknowledge receipt of each addendum issued in the space provided on the bid form. All prices quoted by the Bidder shall be F.O.B. delivered and shall include any and all freight costs to the delivery location(s) specified. The Bidder must not qualify the bid by stating F.O.B. a location other than such stated location(s). When a bid consists of a number of items, prices must be submitted for all items, unless otherwise directed in the Special Conditions. Where unit prices are to be bid, and/or where bids are to be made on more than one item, the Bidder shall extend the unit price(s) bid in the places provided on the pricing pages for the approximate quantities, shall compute the total amount of the bid and shall indicate same on the bid page. The Bidder must bid in accordance with the unit(s) of measure called for. If an item is listed by each, the bid price must be entered by each, not dozen or hundred. All extensions and total sums are subject to verification by the City and the correct extensions and sums will be used in the comparison of bids. Where unit prices are requested, the quantities stated are approximate only. The quantities for all items on which bids are to be received on a unit price basis, will not be used in establishing final payment due the Contractor. Bids will be compared on the basis of number of units stated in the Bid Pricing Section. Contract payment for unit price items will be based on the actual number of units installed in the completed work within the proposed scope of work. All extensions and total sums are subject to verification by the City and the correct extensions and sums will be used in the comparison of bids. If a discrepancy exists between the unit prices and totals, the unit prices shall prevail. If a discrepancy exists between the total base bid and the true sum of the individual bid items, the true sum shall prevail. In certain cases, amounts are to be shown in both words and figures. When discrepancies occur between the "Written in Words" and the "In Figures" amounts for the total lump sum bid amount, the "Written in Words" shall govern. Bidders are warned against making any erasures or alterations of any kind, and bids, that contain omissions, erasures, conditions, alterations, or additions not called for may be rejected. The bidder must fill in all blanks. Use "N/A" or "None" where applicable. The bid shall be signed by a company officer empowered to bind the company. Failure to sign the bid may cause the bid to be determined to be non-responsive and the bid may be rejected. SUBMISSION OF BIDS: All bids must be received in sealed envelopes that have your name and address in the UPPER left corner and the attached label filled in and pasted on the LOWER left corner. Bids mailed "EXPRESS MAIL" must have bid number and due date on the outside of the EXPRESS MAIL envelope. The Bidder shall be responsible for delivery of bids to the Purchasing Agent before the date and hour set for the opening of bids. The City assumes no responsibility for delays caused by any delivery service. Postmarking by due date will not substitute for actual receipt by the City. Late bids will not be opened or considered. END OF INSTRUCTIONS TO BIDDERS CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 5 of 38 GENERAL CONDITIONS ADDENDUM AND SUPPLEMENT TO REQUEST: If it becomes necessary to revise any part of this request or if additional data is necessary to enable the exact interpretation of provisions of this request, revisions will be provided in the form of an Addendum. If revisions are necessary after any mandatory Pre-Bid conference, the revisions will be provided only to those Contractors who will have attended the Pre-Bid conference. CHANGES: All changes to this Bid Document shall be amended in written form (Addenda). The Purchasing Agent prior to the scheduled bid opening shall issue such amendments. The City reserves the right to make any desired change in the specifications after the same shall have been put under contract; but the change so made, with the price to be added or deducted from the contract price, therefore, shall be agreed upon in advance between City and the successful Contractor. The City shall issue to the successful Contractor a written change order to the original contract; such change orders shall be binding upon both parties thereto and shall in no way invalidate or make void the terms of the original contract not modified by such change. No claim based on oral changes will be allowed. CONTRACTOR PERFORMANCE: The Instructions to Bidders, Bid Form, General Conditions, Special Conditions, contract specifications and attached exhibits shall together constitute the Contract. The Contractor hereby asserts that it has read the specifications, and that it is thoroughly informed and familiar as to their contents and requirements. All items shall be supplied in strict accordance with the specifications. The Contractor's performance under the terms of this Contract shall be to the satisfaction of the City. DISCLAIMER: RESERVED BY OWNER The City reserves the right to reject any or all bids failing to meet the City's specifications or requirements and to waive technicalities. If in the City's opinion, the lowest bid is not the most responsible bid, considering value received for monies expended, the right is reserved to make awards as determined solely by the judgment of the City. In determining the lowest responsible bidder, the City shall take into consideration the qualities of the articles supplied, their conformity with the specifications, and their suitability to the requirements of the City and the delivery terms. Intangible factors, such as the Contractor's reputation and past performance, will also be weighed. The Contractor's failure to meet the mandatory requirements will result in the disqualification of the Contractor's bid from further considerations. The City further reserves the right to reject all bids and obtain goods or services through intergovernmental or cooperative agreements. Submission of a bid confers no rights on the Contractor to a selection or to a subsequent contract. This Invitation to Bid process is for the City's benefit only and is intended to provide the City with competitive information to assist in selection of services. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City's discretion and shall be made to favor the City. DRUG FREE WORKPLACE: The Contractor (whether an individual or company) agrees to provide a drug free workplace. ENDORSEMENTS: Contractor shall not use the City in any form of endorsement to any third-party without the Buyer’s written permission. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 6 of 38 EXECUTION OF CONTRACT: The bidder to whom the contract has been awarded shall sign one (1) copy of the contract and return it to the City within seven (7) calendar days after receipt of the contract. Failure to execute the contract and return it to the City within seven (7) calendar days after receipt of the contract shall be cause for the annulment of the contract award and the forfeiture of the bid security to the City. If circumstances beyond the Contractor's control prohibit a timely execution of this contract, prior written approval must be requested by the Contractor and receive approval from the City for an extension to the delivery date. BID SECURITY: Each bid shall be accompanied by a bid bond (on form attached), cashier’s check or a certified check for an amount not less than five (5) percent of the bid amount; payable unconditionally to the City of O’Fallon, Missouri as a guarantee that the bidder will execute a contract. The Bid Security of the successful bidder will be retained until such bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned. PERFORMANCE AND PAYMENT BOND: A bond will be required for the full amount of the contract price (100%) with a surety company authorized to do business in the State of Missouri and satisfactory to the City, conditioned for the faithful performance and payment of this contract and the guarantee of the work. Both contract and bond shall be executed in triplicate and in the form to be approved by the City. LIQUIDATED DAMAGES: Liquidated damages shall be assessed against the Contractor for failure to commence the project within ten (10) calendar days from the written notice to proceed date and/or complete the project on the designated completion date in the amount of Two Hundred Fifty and Dollars ($250.00) per consecutive calendar day. Written notice for the commencement of liquidated damages will not be required. F.O.B.: All goods are to be shipped prepaid, F.O.B. destination. Shipments sent C.O.D. without City's written consent will not be accepted and will at Contractor's risk and expense, be returned to Contractor. Unauthorized shipments are subject to rejection and return at Contractor's expense. HOLDING OF BIDS: Contractor may withdraw their bids at any time prior to the time specified as the closing time for the receipt of bids. However, no Contractor shall withdraw or cancel his bid for a period of ninety (90) calendar days after said closing time for the receipt of bids. LAW GOVERNING: All State of Missouri and/or Federal Laws shall be hereby specifically made a part of this contract as set forth herein. LIENS, CLAIMS, AND ENCUMBRANCES: Contractor warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind. SAFETY DATA SHEETS: If applicable, Contractor shall furnish Safety Data Sheets for their products upon award of Contract. MISCELLANEOUS REQUIREMENTS: The City will not be responsible for any expenses incurred by the Contractor in preparing and submitting a Bid. All Bids shall provide a straightforward, concise delineation of your capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content. The Contractor is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this agreement or its rights, title of interest therein or its power to execute such agreement to any other person, company or corporation without the previous consent and approval in writing by the City. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 7 of 38 NON-DISCRIMINATING: The Contractor, its employees and subcontractors, agree not to commit unlawful discrimination and agree to comply with applicable provisions of the, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. Firm shall comply with Section 285.525 – 285.550 RSMo regarding enrollment in a federal work authorization program. A signed, notarized affidavit (attached) and supporting documentation affirming enrollment in a federal work authorization program must be submitted with proposal. Failure to comply with this provision may result in rejection of proposal. E-VERIFY: Company shall be E-verify compliant and shall provide documentation to support this requirement within the proposal including the memorandum of understanding (MOU) and the electronic signature page completed in its entirety. NON-EXCLUSIVITY: Nothing herein is intended nor shall be construed as creating any exclusive arrangement with Vendor. PATENTS: Contractor undertakes and agrees to defend at Contractor's own expense, all suits, actions, or proceedings against buyer, in which City, and of Contractor's suppliers, contractors, distributors or dealers, or the users of any of Contractor's products are made defendants for actual or alleged infringement of any U.S. or foreign letters patent resulting from the use or sale of the items purchased hereunder. Contractor shall inform the City whenever infringement will result from Contractor's adherence to specifications supplied by the City or by an authorized City Representative. Contractor further agrees to pay and discharge any and all judgments or decrees, which may be rendered in any such suit, action or proceedings against City therein. PAYMENT: The goal of the City is to pay properly submitted Contractor invoices within thirty (30) days of receipt, providing goods have been delivered, approved, and accepted by an authorized City Representative. Original invoices must be presented for payment in accordance with instructions contained on the Purchase Order including reference to Purchase Order number and submitted to the correct address for processing. TAX: The City is not responsible for and will not pay local, Federal Excise Tax or Missouri Sales Tax. A copy of the exemption letter is available upon written request. TERMS/CANCELLATION AND DAMAGES: This contract may be terminated by either or both parties upon thirty (30) days written notice or upon mutual agreement of both parties. If the City because of the Contractor’s breach terminates this Contract, the City shall have the right to purchase equipment elsewhere and to charge the Contractor with any additional cost incurred. Notwithstanding the above, the Contractor shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this contract by the Contractor and the City may withhold any payments to the Contractor until such time as the amount of such damages due the City from the Contractor shall be determined. TRANSFER OF OWNERSHIP OR ASSIGNMENT: The terms and conditions of this contract shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. Prior to any sales or assignments the City must be notified and approve same in writing. The City shall have right of first refusal. END OF GENERAL CONDITIONS CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 8 of 38 SPECIAL CONDITIONS DELIVERY REQUIREMENTS: In this contract, time is of the essence. All freight and delivery charges are to be included in the costs entered on the bid pricing page. Under no circumstances will the City be liable for additional delivery charges. The successful bidder’s performance under the terms and conditions of this contract shall be satisfactory to the City. All deliveries shall be made between the hours of 8:00 a.m. and 4:00 p.m. unless other arrangements have been made. PREVAILING WAGE LAWS: This project shall follow the prevailing wage requirements listed in the general provisions; however, if the bid is less than $75,000.00 prevailing wage will not be required. A. State of Missouri: On projects involving Public Works or Public Funds, it is the statutory policy of the State of Missouri that “a wage of not less than the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed, shall be paid to all workmen employed by or on behalf of any public body, engaged in Public Works, exclusive of maintenance work.” In compliance with Missouri State Law, the following stipulations are made a part of this contract: 1. The schedule of occupational classifications and minimum hourly wage rates applicable to this project are to be attached and made a part of the Contract Documents. 2. The general prevailing rate for legal holidays and overtime work, as determined by the Industrial Commission, and as attached herein, shall be paid all workmen. 3. The CONTRACTOR shall forfeit as a penalty to the state, county, city, town, district, or other political subdivision on whose behalf the contract is made or awarded $10.00 for each workman employed, for each calendar day, or portion thereof, such workman is paid less than the said stipulated rates for any work done under this contract, by him or by any subcontractor under him. Section 290.250, RSMo. 4. All bonds furnished by this CONTRACTOR shall include such provisions as will guarantee the faithful performance of the prevailing hourly wage clause as provided by this Contract. 5. A clearly legible statement of all prevailing hourly wage rates to be paid all workmen employed in order to execute this Contract and employed on this project shall be kept posted in a prominent and easily accessible place at the site thereof by each CONTRACTOR and subcontractor engaged in this project under the Prevailing Wage Law Section 290.210 through 290.340 as amended R.S. No. 1994, effective October 13, 1994; and each notice shall remain posted during the full time that any such workmen shall be employed on the project. 6. Upon completion of construction and before final payment can be made from this project; the CONTRACTOR shall file an “Affidavit of Compliance with the Prevailing Wage Law”. No payment can be made unless and until this affidavit is filed in proper order. B. The Prevailing Wage document to be utilized throughout the duration of the construction contract is the one that is “In Effect” as posted with the Missouri Department of Labor and Industrial Relations at the time of the first day of the project Advertisement. The Prevailing Wage document as attached to these specifications, for all intents and purposes is meant to reflect the most current version at the time of the bid opening and if for some reason the one included with these specifications is out-of-date, then one that would have been in effect at the time of the advertisement will prevail. PRICING: The pricing stated by the bidder in the bid documents shall remain firm for a one year period from the start date of the contract. No price increases will be allowed for the duration of the contract. Price decreases are allowed at any time. END OF SPECIAL CONDITIONS CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 9 of 38 INSURANCE REQUIREMENTS GENERAL: The Vendor shall respond to these specifications as an independent contractor and not as an employee of the City of O’Fallon. An original Certificate of Insurance from the company or authorized agent of record must be furnished to the City, provide that the City of O'Fallon is an “Additional Insured” on the Vendor’s Commercial General Liability policy during the Term of the Agreement, and a copy of such “Additional Insured” endorsement must accompany the insurance certificate. This requirement of insurance does not limit the Vendor’s liability under the Agreement in any manner. WORKER’S COMPENSATION INSURANCE: The Vendor shall procure and shall maintain during the Term of the Agreement, Worker’s Compensation Insurance for all of its employees to be engaged and perform work under the Agreement, and in case such work is sublet, the Concessionaire shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all such employees to be engaged by the Vendor for such work unless such employees are covered by the protection afforded by the Vendor’s Worker’s Compensation Insurance. In the event any class of employees engaged in hazardous work under the Agreement is not protected under the Worker’s Compensation statute, the Vendor shall provide and shall cause such subcontractor to provide adequate Employer’s Liability insurance for the protection of its employees not otherwise protected. Commercial General Liability Insurance: The Vendor shall carry public and property damage insurance which shall include bodily injury and accidental death to any person and subject at the minimum limits set forth below: Liability Limits $1,000,000/Per Occurrence $3,000,000/General Aggregate $3,000,000 Products/Completed Operations aggregate Additional Insured status must be provided to the City and confirmed by copy of such endorsement. An umbrella/excess liability policy can be used to attain the required limits. Commercial Automobile Liability Insurance: The Vendor shall maintain Commercial Automobile Liability Insurance Coverage in the amounts not less than the minimum limits set forth below: Bodily Injury and Property Damage $3,000,000 Combined Single Liability Limit An umbrella/excess liability policy can be used to attain the required limits. CHANGES IN INSURANCE COVERAGE: The Contractor shall notify the City of changes in insurance coverage in writing within thirty (30) days. INDEMNITY: The Contractor shall, at all times, fully indemnify, hold harmless, and defend the City and its officers, members, agents, and employees from and against any and all claims and demands, actions, causes of action, and cost and fees of any character whatsoever made by anyone whomsoever on account of or in any way growing out of the performance of this contract by the Contractor and its employees, or because of any act or omission, neglect or misconduct of the Contractor, its employees and agents or its subcontractors including, but not limited to, any claims that may be made by the employees themselves for injuries to their person or property or otherwise. Such indemnity shall not be limited by reason of the enumeration of any insurance coverage herein provided. Nothing contained herein shall be construed as prohibiting the City, its directors, officers, agents, or its employees, from defending through the selection and use of their own agents, attorneys and experts, any claims, actions or suits brought against them. The Contractor shall likewise be liable for the cost, fees and expenses incurred in the City's or the Contractor's defense of any such claims, actions, or suits. The Contractor shall be responsible for any damages incurred as a result of its errors, omissions or negligent acts and for any losses or costs to repair or remedy construction as a result of its errors, omissions or negligent acts. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 10 of 38 INSURANCE RATING: All of the above-specified types of insurance shall be obtained from companies that have at least an A-VII rating in Best’s Guide or the equivalent. SURVIVAL OF INDEMNIFICATION: The indemnification described above shall not be limited by reason of the enumeration of any insurance coverage herein provided, and it shall survive the termination of the Contract for claims arising from events occurring while the Contract is in force. NOTICE OF LAWSUIT: Within sixty (60) days of service of process, the City shall notify the Contractor of any lawsuit involving the indemnification provided for above. Failure to provide such notice shall not relieve the Contractor of its obligation to provide indemnification. However, the City shall be responsible for any additional costs of defense incurred due to their failure to provide such notice within sixty (60) days. CHOICE OF LEGAL COUNSEL: The contractor shall provide coverage as stipulated in the contract. In the event of a proceeding, the City retains the right to approve legal counsel for claims brought against the City. DISPUTES: Any dispute arising out of this agreement will be resolved under the laws of the State of Missouri. END OF INSURANCE REQUIREMENTS CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 11 of 38 BID FORM BID #21-071 SPORTS PARK WELL EQUIPMENT AND VFD (PLEASE TYPE OR PRINT THE FOLLOWING INFORMATION) Full Name of Bidder Main Business Address City, State, Zip Code Telephone Number Fax Number Bid Contact Person Email Address TO: Julie Moellering, Purchasing Agent The undersigned, being duly sworn, certifies that he is: ___the Owner/Sole Proprietor ___a Member of the Partnership ___an Officer of the Corporation ___a Member of the Joint Venture herein after called the Bidder and that the members of the Partnership or Officers of the Corporation are as follows: (President or Partner) (Vice-President or Partner) (Secretary or Partner) (Treasurer or Partner) Further, as Contractor, declares that the only person or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any other person, firm or corporation; that he has fully examined the proposed forms of agreement and the contract specifications for the above designated purchase, all of which are on file in the office of the City Clerk, 100 North Main Street, O’Fallon, Missouri 63366, and all other documents referred to or mentioned in the contract documents, specifications and attached exhibits, including Addenda No. _______, __________, and ___________ issued thereto; Further, the Contractor proposes and agrees, if this bid is accepted, to provide all necessary machinery, tools, apparatus and other means of construction, including transportation services necessary to furnish all the materials and equipment specified or referred to in the contract documents in the manner and time therein prescribed. Further, the undersigned certifies and warrants that he is duly authorized to execute this certification/affidavit on behalf of the Bidder and in accordance with the Partnership Agreement or by-laws of the Corporation, and the laws of the State of Missouri and that this Certification is binding upon the Bidder and is true and accurate. Further, the undersigned certifies that the Bidder is not barred from bidding on this contract as a result of a violation of either bid rigging or bid-rotating. The affiant deposes and says that he has examined and carefully prepared this bid and has checked the same in detail before submitting this bid, and that the statements contained herein are true and correct. If a Corporation, the undersigned further certifies that the recitals and resolutions attached hereto and made a part hereof were properly adopted by the Board of Directors of the Corporation at a meeting of said Board of Directors duly called and held and have not been repealed, nor modified and that the same remain in full force and effect. (Attach a copy of the corporate resolution granting the individual executing the contract documents authority to do so.) Finally, the Contractor agrees to do all other things required of the Contractor by the contract documents, and that he will take in full payment therefore the sums set forth in the bidding schedule. Signature of Bidder authorizes the City to verify business references. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 12 of 38 REFERENCES The bidder must list four (4) references, listing firm name, address, telephone number and contact person to whom they have provided similar equipment, material or services for a period of not less than six (6) months. The bidder verifies that they have provided equipment, material, or services contained in this contract to the following parties with needs similar to that of City and authorizes the City to verify references of business and credit at its option. COMPANY NAME: ADDRESS: CONTACT PERSON: TELEPHONE NUMBER: COMPANY NAME: ADDRESS: CONTACT PERSON: TELEPHONE NUMBER: COMPANY NAME: ADDRESS: CONTACT PERSON: TELEPHONE NUMBER: COMPANY NAME: ADDRESS: CONTACT PERSON: TELEPHONE NUMBER: State the number of years in business State the current number of personnel on staff CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 13 of 38 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______________________________________________________ CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 14 of 38 PREFERENCE IN PURCHASING PRODUCTS DATE: _________________________ THE BIDDERS ATTENTION IS DIRECTED TO Section 34.076 RSMo 2000 which gives preference to Missouri corporations, firms, and individuals when letting contracts or purchasing products. Bids received will be evaluated on the basis of this legislation. All vendors submitting a bid must furnish all information requested below. FOR CORPORATIONS: State in which incorporated: ____________________________________ FOR OTHERS: State of domicile: ____________________________________ FOR ALL VENDORS: List address of Missouri offices or places of business: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ __________________________________________________________________ THIS SECTION MUST BE COMPLETED AND SIGNED: FIRM NAME: _______________________________________________________________ ADDRESS: _______________________________________________________________ CITY: __________________________ STATE: __________ ZIP: _______________ BY (signature required): ______________________________________________________ Federal Tax ID #: _________________ if no Federal Tax ID # list SS #: _________________ For bid to be considered, the Preference in Purchasing Products form must be filled out and submitted for each bid and dated in the current calendar year. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 15 of 38 SIGNATURE AND IDENTITY OF BIDDER The undersigned states that the correct LEGAL NAME and ADDRESS of (1) the individual Bidder, (2) each partner or joint venture (whether individuals or corporations, and whether doing business under a fictitious name), or (3) the corporation (with the City in which it is incorporated) are shown below; that (if not signing with the intention of binding himself to become the responsible and sole contractor) he is the agent of, and duly authorized in writing to sign for the Bidder or Bidders; and that he is signing and executing this (as indicated in the proper spaces below) as the proposal of a ( ) sole individual ( ) partnership ( ) joint venture ( ) corporation, incorporated under laws of State of ____________________________________________ Date Business Established: ____________ Dated: _____________________________ Name of individual, all partners, or joint ventures: Address of each: ___________________________________ _________________________________________________ ___________________________________ _________________________________________________ ___________________________________ _________________________________________________ ___________________________________ _________________________________________________ ___________________________________ _________________________________________________ ___________________________________ _________________________________________________ doing business under the name of: Address of principal place of business in Missouri ___________________________________ __________________________________________________ (If using a fictitious name, show this name above in addition to legal names) ___________________________________ __________________________________________________ (If a corporation, show its name above) ATTEST: (SEAL) ___________________________________ __________________________________________________ Secretary Title (NOTE: If the Bidder is doing business under a FICTITIOUS NAME, the Proposal shall be executed in the legal name of the individual, partners, joint ventures, or corporation, with the legal address shown, and REGISTRATION OF FICTITIOUS NAME filed with the Secretary of State, as required by Sections 417.200 to 417.230, RS Mo. If the Bidder is a CORPORATION NOT ORGANIZED UNDER THE LAWS OF MISSOURI, it shall procure a CERTIFICATE OF AUTHORITY TO DO BUSINESS IN MISSOURI, as required by Section 351.570 and following, RS Mo. A CERTIFIED COPY of such Registration of Fictitious Name or Certificate of Authority to do Business in Missouri shall be included with this bid. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 16 of 38 BID BOND/SECURITY BIDDER (Name and Address): ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ____________________________________________________________ SURETY (Name and Address of Principal Place of Business): ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ____________________________________________________________ OWNER (Name and Address): ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ____________________________________________________________ BID BID DUE DATE: ______________________________ PROJECT (Brief Description Including Location): ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ____________________________________________________________ BOND BOND NUMBER: ______________________________________________________ DATE (Not later than Bid due date): ________________________________________ PENAL SUM: _________________________________________________________ ________________ (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY _______________________________________(Seal) ______________________________(Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By:________________________________________ By:__________________________________ Signature and Title Signature and Title (Attach Power of Attorney) Attest: _____________________________________ Attest:______________________________ Signature and Title Signature and Title _______________________________________________________________________ Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable EJCDC NO. 1910-28-C (1996 Edition) CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 17 of 38 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 OWNER accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or 3.2 All Bids are rejected by OWNER, or 3.3 OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer or proposal as applicable. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 18 of 38 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned of (Firm*) *a (corporation) (partnership) duly authorized by law to do business as a construction CONTRACTOR as Principal and ________________________________________ (Surety and Address) (hereinafter called the “Surety”), a corporation duly authorized to do a Surety business under the laws of the State of Missouri, are held firmly bound unto the City of O’Fallon, (hereinafter called the “CITY”), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which to be made unto said CITY, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents as follows: The conditions of this obligation are such that, whereas on the day of , 20 , the said Principal entered into a written Agreement, which Agreement is hereby made a part hereof, with the said CITY for the construction of: Sports Park Well Equipment and VFD NOW THEREFORE, if the said Principal shall faithfully and properly perform the fore-going contract according to all terms thereof, and shall, as soon as the work contemplated by said contract is completed, pay to the proper parties all amounts due for all labor and material required by this contract in the construction work, and all insurance premiums for both compensation and all other kinds of insurance on said work, and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise it shall remain in full force and effect, and may be sued on for the use and benefit by any person furnishing material or performing labor, either as an individual or as a subcontractor, for any CONTRACTOR in the name of said CITY. Every Surety on this bond shall be deemed held, any contract on the contrary notwithstanding, to consent without notice: a) To the extension of time to the CONTRACTOR in which to perform the contract. b) To changes in the plans, specifications, amount of work or contract. c) That no provisions of this bond or of any other contract shall be valid which limits to less than one (1) year from the date of final acceptance of the work the right to sue on this bond for defects in workmanship or material not discovered or known to the CITY at the time such work was accepted. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 19 of 38 IN TESTIMONY WHEREOF, the Parties hereunto have caused the execution hereof in One (1) original part as of the day of , 2021. (SEAL) Attest: BY: (SEAL) Attest: BY: CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 20 of 38 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a , herein after called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of O'Fallon (Name of Owner) 100 North Main Street, O'Fallon, Missouri 63366 (Address of Owner) hereinafter called OWNER, in the penal sum of ________________________________________________Dollars $(_______________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 2020, a copy of which is hereto attached and made a part hereof for the construction of: SPORTS PARK WELL EQUIPMENT AND VFD NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 21 of 38 SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in one (1) part, which shall be deemed an original, this the day of , 2021. ATTEST: Principal BY (s) (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Address) (Surety) ATTEST: ______________________________________ (Surety) Secretary (SEAL) By (Witness as to Surety) (Attorney in Fact) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute BOND. IMPORTANT: Bonds shall be executed with the proper sureties, through a company licensed to operate in the State of Missouri, and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in Circular 570 by the Audit Staff Bureau of Accounts, U.S. Treasury Department. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 22 of 38 MAINTENANCE GUARANTEE THIS CONTRACT, made and entered into this day of , 2021, by and between (Contractor) as principal and party of the first part, and as Surety, party of the second part, and City of O'Fallon, Missouri (Owner) party of the third part WHEREAS, the above party of the first part has entered into a contract for the Sports Park Well Equipment and VFD) in the Contract Documents, Specifications and Plans; NOW THEREFORE, the said party of the first part does hereby agree and bind himself, his heirs, executors and assigns to furnish all material, labor, equipment, and do all work necessary to perform the work mentioned above, in accordance with the Contract Documents, Specifications, and Plans, a copy of which is hereto attached and made a part hereof, and to maintain the same in a state of perfect repair for the period of one year from and after its completion, final acceptance and final payment of the same by the party of the third part, less allowance for normal wear and tear, without further compensation than that provided for in the Contract for the first cost of said work. IN TESTIMONY WHEREOF, the said parties to this contract have hereunto set their hand and seal on this day of , 2021. (Contractor) By (Surety) By City of O'Fallon, Missouri (Owner) By CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 23 of 38 WORKER ELIGIBILITY VERIFICATION AFFIDAVIT STATE OF __________________ ) ) ss COUNTY OF ________________ ) On the _____ day of _______________, 20____, before me appeared ________________________________, Affiant name personally known to me or proved to me on the basis of satisfactory evidence to be a person whose name is subscribed to this affidavit, who being by me duly sworn, stated as follows: • I, the Affiant, am of sound mind, capable of making this affidavit, and personally certify the facts herein stated, as required by Section 285.530, RSMo, to enter into any contract agreement with the City to perform any job, task, employment, labor, personal services, or any other activity for which compensation is provided, expected, or due, including but not limited to all activities conducted by business entities. • I, the Affiant, am the _______________ of ______________________________, and I am duly title business name authorized, directed, and/or empowered to act officially and properly on behalf of this business entity. • I, the Affiant, hereby affirm and warrant that the aforementioned business entity is enrolled in a federal work authorization program operated by the United States Department of Homeland Security, and the aforementioned business entity shall participate in said program to verify the employment eligibility of newly hired employees working in connection with any services contracted by the City of O’Fallon. I have attached documentation to this affidavit to evidence enrollment/participation by the aforementioned business entity in a federal work authorization program, as required by Section 285.530, RSMo. • I, the Affiant, also hereby affirm and warrant that the aforementioned business entity does not and shall not knowingly employ, in connection with any services contracted by the City, any alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. § 1324a(h)(3). • I, the Affiant, am aware and recognize that, unless certain contract and affidavit conditions are satisfied pursuant to Section 285.530, RSMo, the aforementioned business entity may be held liable under Sections 285.525 through 285.550, RSMo, for subcontractors that knowingly employ or continue to employ any unauthorized alien to work within the state of Missouri. • I, the Affiant, acknowledge that I am signing this affidavit as a free act and deed of the aforementioned business entity and not under duress. ________________________________ Affiant Signature Subscribed and sworn to before me in ______________________, _____, the day and year first above-written. city (or county) state My commission expires: ______________________________________ Notary Public [Attach documentation of enrollment/participation in a federal work authorization program] CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 24 of 38 CITY-CONTRACTOR AGREEMENT (sample form) THIS AGREEMENT, by and between the City of O’Fallon, Missouri, hereinafter called the OWNER, and ___________________________________________________________, a ___________________________, hereinafter called the CONTRACTOR. WITNESSETH: WHEREAS, in accordance with law, the OWNER has caused contract documents to be prepared and an advertisement calling for bids to be published, for and in connection with the Sports Park Well Equipment and VFD, and WHEREAS, the OWNER, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted, and has determined the aforesaid CONTRACTOR to be the lowest and best bidder for the work and has duly awarded to the said CONTRACTOR a contract therefore, for the sum or sums named in the CONTRACTOR’s bid, a copy of the Bid Form being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the mutual agreements herein, the parties hereby agree, the OWNER for itself and its successors, and the CONTRACTOR for itself and any successors, assigns, and administrators, as follows: ARTICLE I. CONTRACTOR shall furnish, at CONTRACTOR’s expense, all tools, equipment, supplies, superintendence, transportation, and other construction accessories, services and facilities, all materials, supplies and equipment specified and required for the completed work; and provide and perform all necessary labor in a good, substantial, and workmanlike manner to construct and complete the work as described and required by the plans, specifications, and the proposal for construction of the improvements, all in accordance with the plans, specifications, general conditions, supplementary conditions, instructions to bidders, proposal, and other specified documents, all of which contract documents form the contract, and are as fully a part thereof as if repeated verbatim herein, all work to be done under the direct supervision, and to the entire satisfaction of the OWNER. ARTICLE II. CONTRACTOR shall comply in all respects with provisions of the Contract Documents regarding Equal Employment Opportunity, handicapped facilities, nonsegregated facilities, and Missouri Prevailing Wage Law. ARTICLE III. OWNER will pay the CONTRACTOR for the performance of the Agreement, in current funds, subject to additions and deductions as provided for in the Contract Documents, the sum of ($ in figures ) (in words) for all work covered by and designated in the bid. Payment shall be made in the manner and as specified in the GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS, DETAILS SPECIFICATIONS and the INSTRUCTIONS TO BIDDERS. Five percent (5%) of partial payments shall be retained until all work is completed. ARTICLE IV. CONTRACTOR shall not sell, transfer, assign or otherwise dispose of this Agreement or any portion thereof without previous written consent of the OWNER. In no case shall the CONTRACTOR assign work amounting to more than seventy (70%) percent of the total contract amount. No transfer of contract shall release the CONTRACTOR of his liability under the contract and bonds applicable thereto. ARTICLE V. CONTRACTOR agrees to begin work within ten (10) days after receiving written notice to start work from the OWNER and to complete the work by April 1, 2022. ARTICLE VI. In conformity with the GENERAL CONDITIONS and BID FORM, the amount of liquidated damages for the Contract shall be Two Hundred and Fifty Dollars ($250.00) per consecutive calendar day. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 25 of 38 ARTICLE VII. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall 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 shall forthwith be physically amended to make such insertion or correction. ARTICLE VIII. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY, their consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the CONTRACTOR, a Subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party or person described in this Section. In claims against any person or entity indemnified under the above paragraph by an employee of the CONTRACTOR, a Subcontractor, or anyone directly or indirectly employed by them or anyone whose acts they may be liable, the indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. The obligations of the CONTRACTOR under this Section shall not extend to the liability of the ENGINEER, the ENGINEER'S consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions, after requested in writing by the CONTRACTOR, or instructions by the ENGINEER, the ENGINEER'S consultants, and agents and employees of any of them provided such instructions or failure to give is the primary cause of the injury or damage. ARTICLE IX. (a) If the CONTRACTOR is adjudged to be bankrupt, or if the CONTRACTOR makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of the CONTRACTOR’s insolvency, or if the CONTRACTOR fails, except in cases for which extension of time is provided, to make progress in accordance with the Construction Schedule, or if the CONTRACTOR fails to make prompt payment to Subcontractors or prompt payment for material or labor, or disregards laws, ordinances or the instructions of the OWNER, or otherwise breaches any provision of the Contract, the OWNER may, without prejudice to any other right or remedy, terminate the Contract by giving written notice to the CONTRACTOR and his surety. Upon such notification the OWNER shall be entitled to take possession of the Work and of all materials and equipment thereon and finish the Work by whatever method the OWNER may deem expedient, which may include, but is not limited to, the OWNER itself completing the work or the OWNER hiring others to complete said work. In such case, the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Sum shall exceed the expenses of finishing the Work, including additional engineering, architectural, managerial and administrative expenses, and liquidated damages, such excess shall be paid to the CONTRACTOR. If such expenses and damages exceed the unpaid balance of the Contract Sum, the CONTRACTOR shall pay the difference to the OWNER promptly upon demand. In the event of termination pursuant to this paragraph, the CONTRACTOR, upon the request of the OWNER, shall promptly: i. assign to the OWNER in the manner and to the extend directed by the OWNER all right, title and interest of the CONTRACTOR under any subcontracts, purchase orders and construction equipment leases to which the CONTRACTOR is a party and which relate to the Work or to construction equipment required therefore, and ii. make available to the OWNER to the extent directed by the OWNER all construction equipment owned by the CONTRACTOR and employed in connection with the Work. (b) Performance of the Work hereunder may be terminated by the OWNER by giving three (3) days prior written notice to the CONTRACTOR if the OWNER, in its sole discretion, decides to discontinue or suspend construction. In the CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 26 of 38 event of such termination, as opposed to termination pursuant to paragraph (a) of this Article, the Contract Sum shall be reduced in an equitable manner by agreement between the parties. ARTICLE X. This project has been originated by: City of O’Fallon, Parks Department 100 North Main Street O’Fallon, MO 63366 who will act as the OWNER in accordance with the Contract Documents. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 27 of 38 IN WITNESS WHEREOF, the OWNER has caused these presents to be executed, and the CONTRACTOR has executed one (1) original of this Contract in the prescribed form and manner, effective as of the day and year of the signature of the last party to execute the Contract. CITY OF O’FALLON, MISSOURI, OWNER BY:___________________________ DATE__________ ________________________, City Administrator ATTEST: _______________________________ Deborah Ryan, - City Clerk , CONTRACTOR BY:___________________________ DATE__________ __________________________ (Title) ATTEST: ________________________________ ___________________________ (Title) CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 28 of 38 SPECIFICATIONS The City of O’Fallon, MO (“City”) is soliciting sealed bids for phase one well equipment inspection/testing and VFD install to the well at Sports Park, located at 3589 Hwy K, O’Fallon, MO 63368. SCHEDULE OF ACTIVITIES: Release and advertisement of ITB: November 5, 2021 Pre-Bid Meeting (Mandatory) November 17, 2021 at 1:00 P.M. Deadline for submission of questions: November 19, 2021 at 12:00 P.M. Proposal submission deadline: November 30, 2021 at 2:00 P.M. Project Completion date: April 1, 2022 PRE-BID MEETING (MANDATORY): A mandatory pre-bid meeting will be held at Sports Park Shed located at 49 Sports Park Dr, O’Fallon, MO 63368 on November 17, 2021, at 1:00 P.M. Attendance is required. GENERAL INFORMATION: • All work is to be completed be completed by April 1, 2022. • The well and pump were originally installed in 2000. Nothing has been done to the pump/motor since the install date and to our knowledge working properly. • The 25-hoursepower submersible motor is currently controlled out of the concession stand by the original across the line motor starter that has overload motor protection. It offers no protection from over/under voltage, unbalanced voltage or phase loss. The irrigation clock is located in the concession stand . The VFD and weather rated cabinet will be located near the wellhead as indicated in Exhibit B. • The well is used strictly for the irrigation system on the phase one soccer fields. • The City is interested in several alternates for this project as listed below. • As part of the base bid the installation of a variable frequency drive (VFD) control panel by Watertronics, Model CP-STV-7A-30-460-3-Flow-PSI or comparable. The system must speed up or slow down the motor to maintain a constant pressure in the irrigation system while on. This pressure must be adjustable, so proper water pressure is distributed to the irrigation system depending on number of zones/heads that are being used. • The selected contractor for this job is responsible for hiring all subs to install and make the system completely operational. This includes connecting the new VFD in with the RainBird irrigation system and well motor/pump. With the timing of this repair the irrigation system will be winterized. Contractor is required to come back in March/April when the irrigation system is charged so it can be properly set up and train staff on operations. • See Exhibit A in reference to the original well equipment information. • See Exhibit B in reference to site location. • There is a $2,500 contingency built into the base bid for areas where it is unknown on quantities of parts needed. All items that require the use of the contingency will have to be pre-approved by the City. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 29 of 38 PROJECT DESCRIPTION: BASE BID: • Install new VFD, Watertronics - model CP-STV-7A-30-460-3-Flow-PSI or comparable, weather rated cabinet, output filter, pressure transducer, Banner Radio Remote Start Control (or comparable), Megger test motor/cable, pump testing, and startup/training of VFD. This is to include any wiring needed. Selected vendor will be required to submit all specifications on equipment. o Variable Frequency Drive (VFD) and QS Panel Specs & Equipment ▪ Quick Startup PLC and touch screen operation ▪ N3R panel, UL 508A certified ▪ FCC part 15, class A compliant ▪ Circuit breaker service entrance rated disconnect ▪ Standard lead lag software – up to 3 lag pumps ▪ Screen based speed potentiometer ▪ 100 ka SCCR panel rating ▪ Remote start relay ▪ 2 isolated analog inputs for PID pressure regulation & level sensing ▪ Terminal blocks & wiring for utility shut down ▪ Temperature sensor – monitors interior panel temperature ▪ 480 V, 3 phase, 60 HZ – 30 to 250 HP; single pump ▪ Rated for ambient temperatures 6°C to 45°C (20°F to 113°F) ▪ Cooling fans operate when VFD isn’t running to control interior temperature ▪ Level sensing readout via PLC touch screen ▪ Pump retirement – shut down of frequency or flow ▪ Easy and quick servicing of intake and discharge air filters ▪ DV/DT Output Filter or comparable ▪ Lightning surge arrestor o Banner Radio Remote Start Control (From a Rainbird Controller 24VAC) ▪ A pair of Banner 900MHZ Radios including all antennas, cabling, hardware, and enclosures where required shall be provided for communication of basic remote control and status signals, start stop functions and other general data radio control functions. The radio set shall transmit signals between two pump stations via a 900MHz LINE OF SIGHT radio connection up to 2 miles distance. • Megger test motor/cable and pump testing ▪ Raise pump, install temporary elbow, valve and hose to run a 1 hour pump test on the well. Meger motor and cable, reset pump. ▪ Provide written testing results to City. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 30 of 38 Alternate #1 (If testing shows need to remove the pump and motor due to poor performance) • Labor to set up on site and remove pumping equipment from the well. Perform an inspection of the equipment and provide report to the City. • Labor to reinstall pump with new airline, splice kit and stainless-steel banding to secure the pump cable to the column pipe. Perform a pump test on the well after installation. Alternate #2 • Replace motor if needed. Motor to be a 25 Hp, 460 volt, 3 phase Franklin submersible 6” motor or equal. Alternate #3 • Replace pump if needed. Pump to be a Grundfos 150S250 Stainless steel pump or equal Alternate #4 • Replace two 3” ductile iron check valve w/breakoff pin Alternate #5 • Replace 590 Ft. #6-3 Flat Jacketed pump cable Alternate #6 • 3” Galvanized schedule 40 threaded and coupled pipe (cost per foot) CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 31 of 38 Exhibit A. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 32 of 38 CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 33 of 38 CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 34 of 38 CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 35 of 38 Exhibit B. CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 36 of 38 PRICING Contractor Name: Base bid – Cost to install new VFD, weather rated cabinet, with startup. Megger and pump/motor testing, including $2,500 contingency $ Alternate #1 – Labor for removal and reinstall of pump/motor $_______________________________ Alternate #2 – New 25 Hp submersible motor $ Alternate #3 – New Grundfos or equal 150S stainless steel pump $ Alternate #4 – Replace two 3” ductile iron check valves $ Alternate #5 – Replace 590’ pump cable $ Alternate #6 – 3” Galvanized schedule 40 (cost per foot) $ Warranty (attach additional sheets, if necessary): CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 37 of 38 Signature of bidder indicates that bidder understands and will comply with all terms and conditions and all other specifications made a part of this invitation to bid and any subsequent award of contract. All terms, conditions and representations made in the invitation will become an integral part of the contract. Acknowledge the receipt of addenda by checking below as appropriate: Addendum 1 ______ Addendum 2 ______ Addendum 3 ______ Addendum 4 ______ BID AWARD CRITERIA: This bid will be awarded to the lowest responsive, responsible bidder meeting specifications based upon the total lump sum bid amount. The Contractor agrees to provide the equipment, service and supplies described above and in the contract specifications under the conditions outlined in attached documents for the amount stated above. X CORPORATE SEAL (Signature and Title) (If available) BID MUST BE SIGNED FOR CONSIDERATION Subscribed and Sworn to before me this _______day of ___________________________ AD, 2021 ___________________________________________ My Commission Expires: ______________________ (Notary Public) CITY OF O’FALLON, MISSOURI BID #21-071 Sports Park Well Equipment and VFD Page 38 of 38 LATE BIDS CANNOT BE ACCEPTED! SEALED BID INVITATION #: 21-071 OPENING DATE: 11/30/2021 OPENING TIME: 2:00 P.M. CDT DESCRIPTION: SPORTS PARK WELL EQUIPMENT AND VFD DATED MATERIAL-DELIVER IMMEDIATELY PLEASE CUT OUT AND AFFIX THIS BID LABEL (ABOVE) TO THE OUTERMOST ENVELOPE OF YOUR BID TO HELP ENSURE PROPER DELIVERY! LATE BIDS CANNOT BE ACCEPTED!