I. Prequalification of Contractors

All prospective bidders must have secured pre-qualification prior to either receiving specifications and plans or submitting a bid proposal. Pre-qualification forms may be obtained at the District's Engineering Department. All bidders must obtain specifications and plans in the name of the entity submitting the bid.

1. An applicant for pre-qualification must furnish detailed information with respect to its equipment, past record, personnel, and experience, together with such other information as is called for in the Confidential Experience Questionnaire.
   
   
2. Any combination of qualified or unqualified contractors bidding jointly becomes a new contracting firm and it must be pre-qualified in accordance with these rules. All applications shall be in writing and signed by the principal parties in the joint venture.
   
   
3. In order to renew qualification, an Experience Questionnaire must be filed annually on forms furnished by the Director of Engineering. These forms must be completed in detail. The Director of Engineering may require any additional information deemed necessary for pre-qualification.
   
   
4. No bidder will be pre-qualified unless its Experience Questionnaire indicates that it has the experience, organization, equipment and financial resources sufficient, in the judgment of the District, in order to satisfactorily execute its contracts and meet its obligations therein incurred.
   
   
5. An Out-of-State Corporation must furnish a certificate from the Secretary of State of Missouri documenting that it is authorized to transact business in the State of Missouri.
   
   
6. If any significant adverse change occurs in the financial condition of the business, notice shall immediately be given to the Director of Engineering.
   
   
7. The Financial Statement of the controlling individual or corporate owner of the business shall be submitted, if in the opinion of the Director of Engineering, it is required.
   
   
8. A copy of the applicable drain layers license from the City and/or County of St. Louis is required for Sewer Construction.
   
   
9. A copy of your firm's Certificate of Insurance is required.

NOTE: It is quite important that the "work experience" section, be completed and that it contain projects of the type for which application is being made. Pre-qualification will not be granted for types of work which you subcontract to others.

The type of work listed includes:

• Sewer Construction
• Building Construction
• Excavating, Grading, Erosion Control, and Landscaping
• Pipe Rehabilitation (Shotcrete, Cured-In-Place, etc.)
• Concrete Channels, Walls, and Structures

II. Categories of Projects

Minority and Women Business Enterprise Utilization for Building Construction

The Metropolitan St. Louis Sewer District (District) has established a Minority and Women Business Enterprise (MWBE) total combined goal of 25% utilization for all "building construction" in the amount of $50,000 or more. Exceptions will be noted in the contract documents when required. Evaluation will be based upon the total contract dollar amount, less utility relocation, and other designated allowances. Mobilization is not considered to be an allowance.

Minority and Women Business Enterprise Utilization for Non-building Construction

The Metropolitan St. Louis Sewer District (District) has established a total combined goal of 10% Minority and Women Business Enterprise (MWBE) utilization for all "non-building construction" in the amount of $50,000 or more. Exceptions will be noted in the contract documents when required. Evaluation will be based upon the total contract dollar amount less utility relocation and other designated allowances. Mobilization is not considered to be an allowance.

Minority and Women Business Enterprise Utilization for Federally Funded Development Projects

The Metropolitan St. Louis Sewer District (District) has established a Minority and Women Business Enterprise (MWBE) total combined goal of 15% utilization for all "Community Development Projects" in the amount of $50,000 or more. Of the total combined 15% at least 10% should be Minority Business Enterprise (MBE) participation. Exceptions will be noted in the contract documents when required. Evaluation will be based upon the total contract dollar amount less utility relocation and other designated allowances. Mobilization is not considered to be an allowance.

These categories of utilization also apply to Disadvantaged Business Enterprises.

III. Advertised Notice to Contractors

Projects are advertised a minimum of 3 times during the period 22 to 26 days prior to the bid opening, and 45 days prior to the bid opening for grant projects. Bids are opened not less than 7 days after the advertisement date. Bids are received on Mondays through Fridays normally at 2:00 p.m. and opened at 2:15 p.m.

The projects will advertise three consecutive weeks in the Daily Record if located in the City of St. Louis and in the St. Louis Countian if located in St. Louis County. In addition, there is a single advertisement in a smaller circulation newspaper, which includes minority owned newspapers. Notices are also mailed to pre-qualified contractors for the type of work advertised.

IV. How to Acquire Bid Packages

Contract Documents consisting of the Notice to Contractors, Instructions to Bidders, Proposal, General Specifications, Detailed Specifications, Agreement, Bond Form, and Plans are available on and after the day the advertisement is published, and must be picked up at the office of Engineering, 2350 Market Street, 1st floor, St. Louis, MO 63103-2555.

A specified, non-refundable charge, will be required from each prospective bidder for one set of plans and specifications. Plans and specifications are also available for viewing at the Contractors Assistance Program, Inc. (CAPS), MO-KAN and to subscribers, F. W. Dodge and Construction Market Data. All bidders must obtain a set of plans and specifications in the name of the entity submitting the bid in order to submit a bid.

The successful bidder and contractor will be furnished without cost, not more than five (5) sets of plans and specifications for the project. If more are requested, additional sets will be furnished upon payment of the stated charges for those plans and specifications. Any plans and specifications required for permits by a municipality or other public agency will be furnished by the District.

V. Examples of Standard Term and Conditions

Note: The following provisions are only representative samples of the standard clauses generally found in the Construction sealed bids. They may be altered for specific projects. Also, other provisions may be added. Therefore, use this information only as a guideline.Please be certain to read the Terms and Conditions of each sealed bid carefully prior to preparing a bid for submission.

1. The Bid Proposal shall be prepared on a Proposal Form, provided by the District, in accordance with Item 3, FORM OF PROPOSAL, of the General Project Specifications. Bids not submitted on District provided forms will be rejected.
   
   
2. Prevailing rates of pay shall be paid to skilled and unskilled labor. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Likewise, the contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Further, the contractor shall take affirmative action to employ and advance qualified veterans of the Vietnam era. The contractor shall agree to post in conspicuous places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause.
   
   
3. The Proposal shall be accompanied by a certified check or cashier's check drawn on a bank or trust company located in either St. Louis City or County or by a bid bond issued by a surety company satisfactory to the District and which is authorized to transact business in Missouri, as evidenced by a certificate of authority, for an amount not less than five (5%) percent of the bid amount as bid security to the District.
   
   
4. Within fifteen (15) days after acceptance of the bid proposal, the successful bidder must have on file with the District certificates that he has obtained, and will continue to carry, Comprehensive Automobile Liability, Workers' Compensation, and Comprehensive General Liability Insurance in amounts as required by the contract documents. The District reserves the right to require the successful bidder to file proof of his ability to properly finance and execute the project, together with his record of successful completion of similar projects.
   
   The District reserves the right to reject any and all bids, offers or proposals submitted, to accept the proposal which it deems to be to its best interest, or to advertise for new bids. The District reserves the right to defer the acceptance of any proposal and the award and execution of a contract for a period not exceeding ninety (90) days after the date of opening the bids. The successful bidder, whose proposal has been accepted, shall sign the Contract in quintuplicate, and return the signed documents within fifteen (15) days after the date of their receipt. At the same time the successful bidder shall also file with the District five (5) copies of both a Contract Bond for one hundred (100%) percent of the contract amount, (not including Utility Relocation costs), and an acceptable Certificate of Insurance and Insurance Binder or policy for the required insurance coverage.
   
   
5. The Contractor shall commence work within ten (10) days after the date of written notice from the District to begin and shall complete all work within the specified number of calendar days after the expiration of such ten (10) day period. If the Contractor does not comply with the foregoing without a written, District approved, explanation he may be removed from the list of eligible bidders for future District construction projects until further notice. The sewers will be constructed in public rights-of-way and in easements previously secured by the Sewer District. The District reserves the right to increase or eliminate some of the construction work throughout the project, either before or after entering into a contract. No claim will be allowed for anticipated profits or damages in connection with any work so modified by the District, provided the total value of changes together with all previous changes, is not in excess of twenty-five (25%) percent of the original monetary amount of the bid proposal and/or contract.

VI. Evaluation And Selection Process

Bids are received at the District offices and read aloud at a public bid opening. MWBE subcontract percentage goals are reviewed by the Manager of Diversity Programs with a recommendation sent to the Engineering Department. The bids are then reviewed by the responsible Engineer, tabulated by administrative support, and a Notice of Award letter is sent to the Contractor.

VII. Notification of Award

The contractor is notified, by mail, of the Notice of Award letter that s/he is the successful bidder. The contractor is requested to return six executed copies of the agreement, the required bonds and insurance certificates, and MWBE verification letter(s) within ten days of the notice.

Upon approval of the bonds, insurance, and MWBE verification letter(s) and adoption by the Board of Trustees, one copy of the executed contract documents along with the official Notice to Proceed is forwarded to the successful contractor. The official start of the construction is then set at ten days after the date of the Notice to Proceed.

VIII. Dispute Resolution

If, within twenty-four (24) hours after bids are opened, any bidder files a duly signed, written notice with the Executive Director along with supporting documents that demonstrates to the reasonable satisfaction of the District that there was a material and substantial mistake (other than judgment) in the preparation of its bid, that bidder may be allowed to withdraw its bid and the bid security will be returned. If this project is re-bid, that bidder will be disqualified from further bidding on this project.

IX. Payment Procedures

Payments will be made by check on monthly estimates, less any previous amounts paid, and less five (5%) percent retainage. A final payment will be made as detailed in the contract agreement.

X. Planned Construction Projects

A public hearing is held each April to present the District´s proposed Operating Budget for the upcoming fiscal year. Input from MSD customers is encouraged. The fiscal year for the Metropolitan St. Louis Sewer District is the period July 1st of each calendar year through June 30th of the following calendar year. (Example: FY´06 = July 1, 2005 through June 30, 2006)

Shortly after adoption by the Board of Trustees, the annual budget supplement entitled "Capital Improvement and Replacement Program" is available. This supplement lists projects for the upcoming year and proposed projects for four years forward. This information may be viewed on the MSD website.