City of Lee's Summit, Missouri

BID SUBMITTAL

PLEASE COMPLETE AND RETURN ALL FORMS CONTAINED HEREIN IN A SEALED ENVELOPE MARKED “SEALED BID #07-152”

THREE COPIES REQUIRED

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CITY OF LEE’S SUMMIT PURCHASING DIVISION 220 S.E. GREEN STREET LEE’S SUMMIT, MO 64063 816-969-1080 Phone816-969-1081 Fax

INVITATION FOR BID NUMBER 07-152

The City of Lee's Summit will accept separate sealed bids from qualified persons or firms interested in providing the following:

REDISCOVER STORMWATER IMPROVEMENTS IN ACCORDANCE WITH THE ATTACHED SPECIFICATIONS

BIDS MUST BE RECEIVED BY AND WILL BE OPENED AT 2:00 P.M. ON MAY 18, 2007

PLEASE MARK YOUR ENVELOPE "SEALED BID #07-152" AND RETURN THREE (3) COPIES TO:

City of Lee's Summit, Division of Purchasing Attention: Terri Burress, Senior Procurement Officer, or Nicole Averell, Procurement Officer 220 S.E. Green Street Lee's Summit, MO 64063 Phone: 816-969-1080 Fax: 816-969-1081 [email protected], [email protected]

The undersigned certifies that he/she has the authority to bind this company in an agreement to supply the commodity or service in accordance with all terms, conditions, and pricing specified herein or to offer a “no bid.” Please type or print the information below.

Company Name Authorized Person (Print)

Address Signature

City/State/Zip Title

Telephone # Fax # Date Tax ID #

E-mail Entity Type (Corporation, LLC, Sole Proprietor, Partnership) If submitting a "no bid" please provide a brief explanation below and return this page:

BID PAGE

NOTE TO BIDDERS: Bids will be accepted on all parts of the bid specifications or any one or more parts. The City reserves the right to reject any and all bids, to waive technical defects in bids, and to select the bid(s) deemed most advantageous to the City.

The undersigned bidder hereby proposes to furnish all transportation, equipment, supplies, materials, and perform all necessary labor to complete all work stipulated in, required by, and in conformity with the proposed Bid Documents and specifications attached hereto; and other documents referred to therein for and in consideration of prices as follows:

A. The City shall have a minimum of 120 calendar days from the date of the opening to accept bidder's offer.

BASIS OF BID:

Estimated Item No. Description Unit Quantity Bid Unit Price Bid Price 1 4” HDPE LF 70 $ $

2 6” HDPE LF 368 $ $

4 x 6” WYE 3 EA 9 $ $

4 12” Drain Basin EA 2 $ $

5 Adapter EA 9 $ $

◦ 6 6” x 22.5 bend EA 1 $ $

◦ 7 6” x 45 bend EA 2 $ $

Total of All Bid Prices: (words)______($ )

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

C. OTHER REQUIRED INFORMATION: Page 3 of 16

TERMS: City standard payment terms State any discounts offered: are Net 30 after receipt of invoice and certified payroll

WARRANTY/ Attach information on guarantee GUARANTEE: of work (Must be Completed)

D. Demand Star Vendor? Yes No

LIST OF SUBCONTRACTORS

OWNER CITY OF LEE'S SUMMIT, MISSOURI ENGINEER: WORK: BID NUMBER:

1. To enable the City and/or Engineer to evaluate the Bidder's qualifications to perform the Work, as provided in the Instructions to Bidders, the Bidder shall nominate each Subcontractor to whom the Bidder intends to award a Sub-agreement (a) exceeding the percentage of the Bidder's Base Bid stipulated in of the Instructions to Bidders, or (b) to comply with the licensing requirements imposed by the Lee Summit's Code of Ordinances, Chapter 28, Article II, Division 1, or the Laws of any Public Governmental Body with jurisdiction. If the Bidder intends to self- perform a classification of Work for which a specialty license or certificate is required, the Bidder shall nominate itself in the spaces provided for that purpose and furnish the Bidder's license or certificate number(s) for that classification. For each nominated Subcontractor, the Bidder shall enter, if available, the nominated Subcontractor's telephone number and required licensing information. If the Supplementary Instructions limit the percentage of the Work the Bidder can award to first tier Subcontractors, the Bidder also shall furnish the percent of the Bidder's Base Bid the Bidder anticipates awarding to each nominated Subcontractor.

2. Should the Bidder fail to nominate Subcontractors, nominate two (2) or more Subcontractors, nominate itself and one (1) or more Subcontractor(s), or fail to enter the licensing information for a designated classification, the Bidder shall clarify the omission or ambiguity within two (2) Business Days after the date of Bid opening. Failure by the Bidder to identify a nominated Subcontractor or nominate the Bidder itself may render the Bid as not conforming in all material respects with the requirements of the Bidding Documents in the Owner's sole discretion. The requirement to make a definite nomination of Subcontractors or to state that the Bidder intends to self-perform that classification, and to clarify any omissions or ambiguities in the List of Subcontractors, applies to the Apparent Low Bidder and any other Bidder wishing to remain in contention for the award.

3. The Bidder hereby agrees not to remove, replace or add a nominated Subcontractor after the period allowed in paragraph 2, except for good cause shown as determined solely by the City.

4. This listing requirement is not intended to create any express or implied duty or obligation to the Bidder or the nominated Subcontractors by the City or Engineer.

WORK TO BE PERFORMED: SUBCONTRACTOR’S LICENSE NUMBER(S): ADDRESS AND PERCENT OF NAME: PHONE NUMBER: BASE BID: 1.

Rev 4/30/01 RJP Rev 3/25/04 RMP

REFERENCES AND EXPERIENCE

A MINIMUM of five (5) years experience is required of the successful bidder, in similar services, as described in the scope. Experience and references provided by bidders shall be verified and will be a significant factor in the evaluation. Bidders are REQUIRED to provide the information below in FULL DETAIL.

How many years has your firm been in business? YEARS: List references showing contracts, held by your company, providing the same services for other municipalities or private companies. Attach a separate sheet of paper, if needed.

COMPANY NAME & ADDRESS CONTACT NAME & PHONE DATE OF DESCRIBE IN DETAIL THE SERVICES NUMBER JOB: YOUR COMPANY PROVIDED:

LIST OF MACHINERY AND EQUIPMENT Page 6 of 16

It is represented as part of this bid, that the below listed machinery, and equipment are available for use on the work covered by this proposal. "Being available" shall mean that the equipment is owned or under the control of the bidder submitting this proposal.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

The bidder certifies to the best of their knowledge and belief that the Bidder and the Bidder’s principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal instrumentalities;

2. Have not within the last three (3) years before Bid opening been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 1 of this certification; and

4. Have not within the last three (3) years before Bid opening had one or more public transactions (federal, state, or local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this Bid or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 and/or imprisonment for up to five (5) years.

______Name of Contractor

______Contractor Signature Date

_____ I am unable to certify to the above statements. My explanation is attached.

IF ANY SUBCONTRACTORS WILL BE UTILIZED ON THE ABOVE STATED PROJECT, PLEASE COMPLETE THIS FORM FOR EACH SUBCONTRACTING COMPANY.

CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted.

CERTIFICATION BY BIDDER Name and Address of Bidder (include ZIP code)

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. _____ Yes _____ No

2. Compliance reports were required to be filed in connection with such contract or subcontract. _____ Yes _____ No

3. Bidder has filed all compliance reports due under applicable instructions. _____ Yes _____ No _____ None Required

4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? _____ Yes _____ No

Name and Title of Signer (please type)

CERTIFICATION REGARDING GOVERNMENT WIDE RESTRICTION ON LOBBYING (for contracts over $100,000)

The undersigned certifies, to the best of his or her knowledge and belief that: Page 9 of 16

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL “Disclosure Form to Report Lobbying” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award of documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, cooperative agreements) over $100,000, and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed with this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,0000 for each such failure.

CERTIFICATION OF RESPONDENT REGARDING SECTION 3 AND SEGREGATED FACILITIES

______Name of Prime Contractor Project Name and Number

The undersigned hereby certifies that:

( a ) Section 3 provisions are included in the contract;

( b ) A written Section 3 plan was prepared and submitted as part of the proposal proceedings (if proposal equals or exceeds $10,000); and,

( c ) No segregated facilities will be maintained.

SECTION 3 PLAN

______(Name of Contractor) agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents

and businesses within the City of Lee’s Summit, Missouri for all projects funded with Community Development Block Grant (CDBG) funds with a value of more than $10,000.

A. To ascertain from the locality’s Community Development Block Grant (CDBG) program official the exact boundaries of the Section 3 covered project area and where advantages, seek the assistance of local officials in preparing and implementing the affirmative action plan.

B. If new jobs are created as a result of the city project funded with CDBG funds, to attempt to recruit from within the city the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area.

C. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists.

D. To insert this Section 3 plan in all bid documents, and to require all bidders on subcontracts to submit a Section 3 affirmative action plan including utilization goals and the specific steps planned to accomplish these goals.

E. To insure that subcontracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project.

F. To formally contact unions, subcontracts, and trade associations to secure their cooperation for the program.

G. To insure that all appropriate project areas business concerns are notified of pending subcontractual opportunities.

H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken.

I. To appoint or recruit an executive official of the company or agency to be designated as the Equal Opportunity Officer to coordinate the implementation of this Section 3 plan.

COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACTOR’S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

TO: City of Lee’s Summit, Missouri DATE: Name of Contractor: ______Project No. Project Name:

I. The undersigned, having executed a contract with City of Lee’s Summit, Missouri for the construction of the above identified project, acknowledges that:

(A) The Labor Standards provisions are included in the aforesaid contract; (B) Corrections of any infractions of the aforesaid condition, including infractions by any of the subcontractors and any lower tier subcontractors are the contractor's responsibility;

II. The undersigned certifies that:

(A) No representative of the contractor nor any firm, partnership, or association in which the undersigned has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6 (b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 476a- 2(a)).

(B) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if each subcontractor or any firm, corporation, partnership, or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions.

III. The undersigned agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by any subcontract, including those executed by the contractor’s subcontractors and any lower tier subcontractors, a Subcontractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.

IV. The undersigned certifies that:

(A) The legal name and the business address of the undersigned: Name of business: ______Address: ______

(B) The undersigned is:

(1) A single proprietorship (3) A corporation organized in the State of:

(2) A partnership (4) Other organization (Describe)

( C) The names, title, and address of the owner, partners, or officers of the undersigned:

Name Title Address

(D) The names and addresses of all other persons, both natural and corporate, having substantial interest in the undersigned, and the nature of the interest:

Name Title Address

(E) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest:

Name Title Address

WARNING

U.S. Criminal Code, section 1010, Title 18, U.S.C., provides in part:  Whoever,...makes, passes, writes or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or more.

ESTIMATED PROJECT WORKFORCE BREAKDOWN

Name of Contractor: ______

Column 1 Column 2 Column 3 Column 4 Column 5

Job Category Total Estimated No. Positions No. Positions Not No. Positions to be Positions Currently Occupied by Currently Occupied Filled with LIPAR * Permanent Employees

Officers/Supervisors

Professionals

Technicians

Housing Sales/ Rental/ Management

Office Clerical

Service Workers

Others

Trade:

Journeymen

Helpers

Apprentices

Maximum No. Trainees

Others

Trade:

Journeymen

Helpers

Apprentices

Maximum No. Trainees

Others

TOTAL: * Lower income project area residents. Individuals residing within the City of Lee’s Summit whose family income does not exceed 80% of the media income in the SMSA.

DBE, MBE and WBE UTILIZATION WORKSHEET

Contractor: ______Bid No.______Contact Person: ______Telephone:______

Base Bid: $______MBE Percentage:____% WBE Percentage:____%

1. DBE_____ MBE_____ WBE_____ Contractor _____ Subcontractor _____ Supplier _____ Contact Person: ______Amount of Subagreement: $______Scope of Work:______

IF ANY SUBCONTRACTORS WILL BE UTILIZED ON THE ABOVE STATED PROJECT, PLEASE COMPLETE TH IS FORM FOR EACH SUBCONTRACTING COMPANY.