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HomeMy WebLinkAboutR-2019-020 Approving Specifications for E.H. Young Riverfront Park Improvements RESOLUTION NO. R-2019- 020 A RESOLUTION APPROVING SPECIFICATIONS FOR E.H. YOUNG RIVERFRONT PARK IMPROVEMENTS WHEREAS, the City of Riverside ("City") wishes to approve the specifications for the E.H. Young Riverfront Park Improvements (Prof. No. 219-019), a copy of which are on file with the Capital Projects and Parks Manager and incorporated herein by this reference (the "Specifications"); and WHEREAS, upon the Board of Aldermen's approval of the Specifications, the City will issue an invitation to bid to contractors; and WHEREAS, the Board of Aldermen find it to be in the best interests of the City in order to provide for the health, safety, and welfare of its citizens to approve the E.H. Young Riverfront Park Improvements Specifications. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE MISSOURI AS FOLLOWS: THAT the Specifications are hereby approved; and FURTHER THAT the Mayor, the City Administrator, Capital Projects and Parks Manager, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside Missouri the 19th day of March 2019. KatMeen L. Rose, May6r ATTEST: -; - U' ,Rbhiri,Kinc4icl;_City Clerk CITY OF RIVERSIDE, MISSOURI ADVERTISEMENT FOR BIDS Separate sealed bids for the 2019 E.H. YOUNG RIVERFRONT PARK IMPROVEMENTS (Project No.219-019)will be received by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, .Riverside, Missouri until 10:00 A.M., on Thursday, April 18 , 2019, and then publicly opened and read aloud at Riverside City Hall. A pre-bid meeting will be held on March 28,2019 at 10:00 A.M. at Riverside City Hall. The Information for Bidders, Form of Bid, Agreement, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other Contract Documents may be examined at the office of the Capital Projects & Parks Manager at the above city hall address. Copies may be, obtained at the office of Drexel Technologies,.Inc. Planroom, located at 10840 W. 86th'Street, Lenexa, KS. 66214, (913) 371-4430. Such documents will be at the contractor's expense. Such fee shall be non-refundable. Contract documents can also be viewed or downloaded at (https://planroom.drexeltech.com). Information for bidders and advertisement can be viewed on the on the City of Riverside's website http://www.riversidemo.copkrts. CITY OF RIVERSIDE,MISSOURI INFORMATION FOR BIDDERS The City of Riverside, Missouri (the"City") invites sealed bids on the forms contained in the Bid Package and Contract Documents for the 2019 E.H. YOUNG RIVERFRONT PARK IMPROVEMENTS (Project No. 219-019) 1. Receipt and Opening of Bids. Bids will be received by the City at the office of the City Clerk,Riverside City Hall, 2950 NW Vivion Road, Riverside, MO 64150, until 10:00 a.m. on April 18, 2019, at which time all sealed bids will be publicly opened and read in the presence of one or more witnesses. The envelope(s)containing the bids must be sealed,clearly marked on the outside of the envelope 112019 E.H. YOUNG RIVERFRONT PARK IMPROVEMENTS (Project No. 219-019)" and addressed to the City Clerk at Riverside City Hall. The City reserves the right to award the contract by sections,to accept or reject any and all bids,to waive . any technicalities or irregularities therein, to determine in its sole discretion the lowest responsive and responsible bidder, and to award the contract on such basis. Any bid may be withdrawn at the request of the bidder for return of the bid packet submitted by filing a written request with the City Clerk prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered.No bidder may withdraw a bid within 90 days after the actual date of the opening thereof without forfeiture of the Bid Security. 2. A Pre-Bid Meeting will be held on March 28,2019 at 10:00 A.M. at Riverside City Hall. 3. Reiection of all Bids. If the City rejects all Bids, the City may: (1) re-advertise or re-solicit Bids following the City's normal bidding procedure; or(2)use an expedited Bid submission schedule when the City determines that the delay would not be in the best interest of the project or the City. BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION, AND THE SUBMISSION OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS. 4. Preparation and Submission of Bid. Each bid must be submitted on the prescribed form(s) and accompanied by: (1)Qualifications of Bidder(Experience Questionnaire)with Certificate of Good Standing (2)Affidavit of Work Authorization with E-Verify attached(2 pages) (3)Bid Bond (4)Bid Form All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing Certifications must be fully completed and executed when submitted. On alternate items for which a bid is not submitted,a written indication of"no bid"on the bid form is required. No oral,electronic, facsimile or telephonic bids or alterations will be considered. A complete set of the bidding documents are on file for examination at the office of the City Engineer at Riverside City Hall. A copy of the bidding documents may be obtained from Drexel Technologies, Inc. Planroom (https://planroom.drexeltech.com), located at 10840 W. 86th Street, Lenexa, KS. 66214, (913) 371-4430, upon payment of a non-refundable sum for each complete set. An additional charge may apply for mailing of bidding documents. CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID,THE BIDDER WARRANTS THAT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AND IS FULLY FAMILIAR THEREWITH, THAT CONTRACTOR HAS VISITED THE SITE OF THE WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS, AND CONTRACTOR HAS INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK. The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Bids by a corporation must be executed in the corporate name by the president or a vice-president(or other corporate officer accompanied by evidence of authority to sign)and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address shall be shown below the signature. Bids by a partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 5. Addenda and Interpretations:No interpretation of the meaning to the specifications,or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to: Capital.Projects&Parks Manager,City of Riverside: Noel Challis; nchallis@riversidemo.com or 816-372-9028 and to be given consideration must be received by 5pm on April 12th,2019. Anyand all such interpretations and any supplemental instructions will be in the form of.written addenda to the Bid Documents which, if issued, will be provided at the Drexel Technologies, Inc. Planroom (https://planroom.drexeltech.com), not later than three (3) calendar days prior to the date fixed for the opening of bids.Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. Addenda may also be issued to modify the Bid Documents as deemed advisable by the City. At the time of Bid submission,each Bidder shall verify that it has considered all written addenda. No one is authorized to make any clarifications, interpretations or modifications or give any instructions to the bidders during the bidding period except as described in this Section. 6. Substitute Material and Equipment: The contract, if awarded, will be on the basis of material and equipment described in the drawings or specified in the specifications without consideration of possible substitute of"or-equal' items. Whenever it is indicated in the drawings or specified in the specifications that a substitute "or-equal' item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the "effective date of the Agreement". 7. Subcontracts: As part of the experience questionnaire,the bidder shall submit to the City with the Bid a list of all proposed subcontractors to be used on the.project. The list shall indicate those portions of the work each subcontractor will be performing. The Contractor shall also submit a list of suppliers of major materials to be used on the project. The list shall indicate which materials each supplier is furnishing. The Bidder must be capable of demonstrating to the satisfaction of City that bidder has the capability at the time of submission of the bid to-manage or perform all of the Work required to be performed on the project by Contractor under the Agreement. 8. Qualifications of Bidder (Experience Questionnaire): The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request.The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. At a minimum, each Bidder must submit the following information with the Bid: Authority to Do Business in Missouri. Each bid must contain evidence of bidder's qualification and good standing to do business in the State of Missouri or covenant to obtain such qualification prior to award of the contract. Key Personnel. Identify the following Key Personnel proposed for the Project. (NOTE: Key Personnel must be committed to the Project for its duration, and may not be removed or substituted without the City's prior written consent.) GC Project Manager On-Site Field Superintendent QC/QA Manager Safety Officer For each of the Key Personnel,provide the following background information: • Years of employment with current employer; • Other projects this person will be involved with concurrently with the project; • Provide professional registrations,education,certifications and credentials held by the person that are applicable to the Project. Quality Assurance/Quality Control Plan. Provide a summary of Bidder's Quality Assurance/Quality Control Plan for this project • Describe key issues that might affect the Project schedule and how Bidder proposes to address them • Provide a statement regarding all work performed two(2)years immediately preceding the date of the Bid that contains either(a) any written notices of violations of any federal or state prevailing wage statute in which prevailing wage penalties were assessed against the Bidder or paid by the Bidder;or(b)a statement that there have been no such written notices of violations or such penalties assessed Statement of Assurances. Provide affirmation of the following items: • Statement that Bidder is current on payment of Federal and State income tax withholdings and unemployment insurance payments • Statement that the Bidder has not been rescinded or debarred from any bidding,contractual, procurement or other such programs by federal state or local entities. • Statement of Bidder's litigation and/or arbitration history over the past seven (7) years including final ruling. Pending cases must be disclosed with a notation that the matter is still unresolved. • Statement of Bidder's bond history over the past seven(7)years including any incidences of failure to perform. • Provide sworn affidavits as outlined in the Information to Bidders' concerning Bidder's participation in the federal work authorization program. • Statement that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City, bid pooling or strawbids 9. Bid Security: Each bid must be accompanied by a bid bond payable to the City for five percent(5%)of the total amount of the bid. A certified check made payable to "The Treasurer of the City of Riverside" may be used in lieu of a bid bond. Attorneys-in-fact who sign bid bonds must file with each bond a certified and effectively dated copy of their power of attorney. As soon as the bid prices have been compared, the City will return the bonds of all except the three (3) lowest responsible bidders. The bid bond of the remaining bidders will be retained by the City until the earlier of(a) the 91" day after the bid opening, or (b) execution and delivery of the Agreement together with all bonds,evidence of insurance,work authorization affidavit and other documents required under the Agreement by the bidder to whom Notice of Award is given. The Bid Security shall be forfeited to the City if the bidder to whom an award is made fails to enter into the required contract or fails to deliver the required performance or payment bonds. 10. Liquidated Damages for Failure to Enter into Agreement: If the Bidder fails or refuses to execute the Agreement and deliver such additional documentation within ten(10)days of Notice of Award,any Bid Security shall immediately become due and payable and forfeited to the City as liquidated damages. Bidders agree that this is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to honor its bid and that the liquidated damages in this Section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for the Bidder's refusal to honor its bid. 11. Time of Completion and Liquidated Damages: Bidder must agree to commence work on or before 5/17/19 or as specified in a written "Notice to Proceed" of the City and to fully complete the work by the dates listed in Exhibit D. Bidder must agree also to pay as liquidated damages, the sum of$500 for each consecutive calendar day thereafter as hereinafter provided in the Agreement and Contract Documents.No time extensions will be granted, except in case of unusual (unseasonable)weather conditions or additional work requested by the City. Bidder agrees that the sum of $500 per day is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to complete the project within the time outlined above and that such liquidated damages in this Section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for such delays. 12. Conditions of Work: Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its obligation to furnish all material and labor necessary to carry out the provisions of the contract. Insofar as possible the Contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 13. Laws and Regulations: The bidder's attention is directed.to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 14. Method of Award - Lowest Responsible Bidder: If at the time this contract is to be awarded, the lowest bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the City as available to finance the contract;the contract will be awarded to the"lowest responsible bidder".If such bid exceeds such amount, the City may reject all bids or may award the contract on such items as identified by and deemed in the best interest of the City, in its sole discretion, as produces a net amount which is within the available funds. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. If this solicitation includes Bid Alternates, the City, in its sole discretion, may include any, all or none of the Alternates in determining the lowest responsible Bid. The City may include the Alternates in any combination and in any order or priority as deemed in the best interest of the City. The City may make this determination at any time after bid closing and prior to contract award. The City will act in the best interest of the City in determining whether to include any, all or none of the Alternates and the combination and priority of any Alternates selected. If additional funding becomes available after Contract award,the City may add any or all of the Alternates to the Agreement by Change Order. The City may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for portions of the work. Operating costs,maintenance considerations,performance data and guarantees of materials and equipment may also be considered by the City. The City reserves the right to reject any and all bids, to waive any and all informalities, and the right to disregard all nonconforming,non-responsive or conditional bids. In evaluating bids,the City shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid. The City may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidders, proposed subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to the City'.s satisfaction within the prescribed time. The City reserves the right to reject the bid of any bidder who does not pass any such evaluation to the City's satisfaction. If the contract is to be awarded, it will be awarded to the lowest responsible bidder whose evaluation, in the sole determination by the City,indicates to the City that the award will be in the best interests of the project. 15. Obligation of Bidder: At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to the bid submitted. On request,City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his bid. REJECTION OF BID SHALL CREATE NO LIABILITY ON THE PART OF THE CITY OF RIVERSIDE, MISSOURI BECAUSE OF SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THIS CONDITION. 16. Federal Work Authorization Program Participation: Bidders are informed that pursuant to Section 285.530,RSMo,as a condition of the award of any contract in excess of five thousand dollars($5,000),the successful bidder shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection to the contracted services.The affidavit shall further provide that the successful bidder does not knowingly employ any person who is an unauthorized alien in connection to the contracted services. 17. Proof of Lawful Presence: RSMo 208.009 requires that contractors provide affirmative proof that the Contractor is a citizen or permanent resident of the United States or is lawfully present in the United States. Affirmative proof can be established through a Valid Driver's License; US Birth Certificate(certified with an embossed, stamped or raised seal issued by a state or local government—hospital certificates are not acceptable); US Passport(valid or expired);US Certificate of Citizenship,Naturalization or Birth Abroad; US Military Identification Card or Discharge Papers accompanied by a copy of US Birth Certificate issued by a state or local government. 18. Safety Standards and Accident Prevention: With respect to all work performed under this contract, the Contractor shall: a.Comply with the safety standards provisions of applicable laws,building and construction codes, and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Section 292.675,RSMo b. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees)and property. c. Maintain at Contractor's office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make arrangements for the immediate removal to a hospital or a doctor's care of persons(including employees),who may be injured on the job site. d. Bidders are informed that the Project is subject to the requirements of Section 292.675, RSMo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete,a ten(10)hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date of work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty(20)days to produce such documentation. 19. Prevailing Wase: Wage rates for the project shall be not less than the prevailing wage rates for Platte County currently in effect as determined by the Division of Labor Standards of the State of Missouri, pursuant to RSMo 290.210 et seq. The Contractor will forfeit a penalty to the City of$100 per day, or portion thereof, for each worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or any Subcontractor. 20. Reserved 21. American Products: Pursuant to RSMo 34.353, any manufactured good or commodities used or supplied in the performance of the contract(or subcontract)shall be manufactured or produced in the United States,unless determined to be exempt as provided in state law. 22. Transient Employers: Pursuant to RSMo 285.230,every transient employer(employer not domiciled in Missouri)must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: 1) Notice of registration for employer withholding issued by the Missouri Director of Revenue, 2) Proof of coverage for workers' compensation insurance or self-insurance verified by the Missouri Department of Revenue through the records of the Division of Workers Compensation; and 3) Notice of registration for unemployment insurance issued to such employer by the Division of Employment Security. Contractor shall be liable for a penalty of$500.00 per day until such notices required by RSMo 285.230 et seq. are posted. 23. Current City Business License: The successful bidder, and all subcontractors,shall obtain a current city business license prior to beginning construction. 24. Sales Tax Exemption Certificate: The City will supply the Contractor with a Project Exemption Certificate for use in purchasing materials and supplies used on the project. The Contractor shall, in preparing its bid, omit from its computed costs all sales and use taxes related to the purchase of materials or other tangible personal property incorporated into or consumed in the construction of the Project. 25. Non Discrimination and Equal Opportunity: Contractor shall ensure that all employees are treated equally without regard to their race, color,religion, sex, age, handicap or national origin. The City hereby notifies all bidders that socially and economically disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, age, ancestry or national origin in consideration for an award. The City of Riverside is an equal opportunity employer and encourages minority,women and disadvantaged contractors to submit bids. 26. Security for Payment and Faithful Performance: Simultaneously with delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The Bond furnished by bidder shall contain the requirements and conditions set forth in and shall comply in all respects with Section 107.170 RSMo and other applicable legal requirements. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the City and shall have a rating of at least"A-"from Best's in an amount equal to one hundred percent(100%)of the contract price that does not include the cost of operation,maintenance and money. Attorneys-in-fact who sign contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 27. ming of Agreement: When City gives a Notice of Award to the successful bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement and all other Contract Documents. Within ten(10)days thereafter Contractor shall sign and deliver at least three(3)counterparts of the Agreement to City with all other Contract Documents attached and signed as required,together with the required bonds, evidence of insurance, city licenses and work authorization affidavit and documentation. Within ten (10) days thereafter City will deliver all fully signed counterparts to Contractor. The City may issue a Notice to Proceed with or at any time after delivery of signed counterparts to Contractor.