Bid #: RFP-024-2019/PD
Title: Security Fence
Issue Date: 5/28/2019
CITY OF NIXA, MISSOURI
REQUEST FOR PROPOSAL (RFP)
Buyer: Stephanie Ewing
BID RESPONSES MUST BE RECEIVED BY: Friday, June 14, 2019 @ 1:00PM, Local Time
Please submit any questions regarding this bid in writing to the Purchasing Manager, Stephanie Ewing at
All bid forms and addenda will be posted on: http://nixa.com/departments/purchasing/current-bids
MAILING INSTRUCTION: Print or type Bid Title and Due Date on the lower left hand corner of the
envelope or package. Delivered SEALED BIDS must be received in the Purchasing Department prior to
1:00PM on Friday, June 14, 2019. Bids will be opened by the Purchasing Manager at the location listed
RETURN BID TO:
City of Nixa Public Works
Attn: Stephanie Ewing
1111 W. Kathryn, PO Box 395
Nixa, MO 65714
By signing this cover page, the bidder shall hereby declare understanding, agreement and certification of compliance to provide the items and/or
services, at the prices quoted, in accordance with all requirements and specifications contained herein and the Terms and Conditions. The bidder
shall further agree that the language of this RFP shall govern in the event of a conflict with his/her bid. In addition, the bidder shall further agree
that upon receipt of an authorized purchase order from the City of Nixa or when a Contract Resolution is signed and issued by an authorized
official of the City of Nixa, a binding contract shall exist between the bidder and the City of Nixa.
SIGNATURE REQUIRED / RETURN WITH BID
LEGAL NAME OF ENTITY/INDIVIDUAL FILED WITH IRS FOR THIS TAX ID NO.
DOING BUSINESS AS (DBA) NAME
CITY, STATE, ZIP CODE
TAXPAYER ID NUMBER (TIN)
TAXPAYER ID (TIN) TYPE (CHECK ONE)
VENDOR TAX FILING TYPE WITH IRS (CHECK ONE)
____ Individual/Sole Proprietor ____ C Corporation ____ S Corporation ____ Partnership ____ LLC, Class ______ ____Other________________________________
The City of Nixa reserves the right to accept or refuse any or all bids.
CITY OF NIXA, MISSOURI
GENERAL TERMS AND CONDITIONS OF BIDDING
1. Opening Location: Sealed proposals will be received at Nixa Public Works, 1111 W. Kathryn, Nixa, MO 65714, until the
proposal closing date and time indicated above.
2. Opening of advertised proposals: The vendor and public are invited, but not required, to attend the opening of
proposals. No decision related to an award of a contract or purchase order will be made at the opening.
3. Submittal of Proposals: Proposals must be submitted in a sealed envelope identified with the bid title and date of
closing on the outside. Facsimile, telephone and email proposals will NOT be considered. Proposals will not be
accepted after the due date and time.
4. All proposals shall be submitted FOB Destination Nixa, Missouri 65714, freight prepaid (unless otherwise stated).
5. Prices Bid: Give unit price, extended total or both if applicable. Price must be stated in units of quantity specified in the
bidding specifications. In case of discrepancy in computing the amount of the Bid, the unit price of the Bid will govern.
Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items.
6. Taxes: Do NOT include Federal Excise Tax or Sales and Use Tax in the bid prices, as the City is exempt from them by law.
Tax Exemption Certificate will be furnished if required.
7. Estimated Quantities: The estimated quantities indicated in this Request for Proposal represent anticipated
requirements only. The right is reserved to exceed or diminish these estimates.
8. Bid Forms, Variances, and Alternates: Bids must be submitted on attached City bid forms, although additional
information may be attached. Bidders must indicate any variances from the City requested specifications and/or terms
and conditions, on the Affidavit of Compliance. Otherwise, bidders must fully comply with the City requested
specifications and terms and conditions. Alternate Bids may or may not be considered at the sole discretion of the City
9. “Or Equal” Interpretation: When a particular manufacturer’s name or brand is specified along with the words “or
equal”, Quotations will be considered on other brands or the product of other manufacturers. On all such Quotations
the bidder shall indicate clearly the product (brand and model number) on which he is bidding, and shall supply a
sample or sufficient data in detail to enable an intelligent comparison to be made with the particular brand or
manufacturer specified. Catalog cuts and technical descriptive data shall be attached to the original copy of the quote
where applicable. Failure to submit the above information may be sufficient grounds for the rejection of quote.
10. Withdrawal of Bids: Bids or proposals may be revised, modified, or withdrawn by the bidder at any time prior to
opening. Any such revision, modification, or withdrawal shall be in writing. After the bids are opened, they shall be
irrevocable for the period sixty (60) days. Bids or proposals may not be withdrawn or revised after opening unless
specified in the RFP.
11. Clarification and Addenda: Each bidder shall examine all Bid documents and shall judge all matters relating to the
adequacy and accuracy of such documents. Any inquiries or suggestions, concerning interpretation, clarification, or
additional information pertaining to the Request for Proposal shall be made through the Purchasing Department in
writing or through email. The Purchasing Department shall not be responsible for oral interpretations given by any City
employee, representative, or others. The issuance of written addenda is the official method whereby interpretation,
clarification, or additional information can be given. It shall be the responsibility of each bidder, prior to submitting
their Bid, to contact the Purchasing Department at phone number 417-449-0555 or email, to determine if addenda
were issued and to make such addenda a part of their Bid. Any and all addendums will be posted on the City’s web site
(nixa.com) under Current Bid Opportunities on the Purchasing page.
12. Contract Forms: Any agreement, contract, or purchase order resulting from the acceptance of a Bid shall be on forms
either supplied by or approved by the City.
13. Reserved Rights: The City reserves the right to make such investigations as it deems necessary to make the
determination of the bidder’s responsiveness and responsibility. Such information may include, but shall not be limited
to: current financial statement, verification of availability of equipment and personnel, and past performance records.
14. The Right to Audit: The bidder agrees to furnish supporting detail as may be required by the City to support charges or
invoices, to make available for audit purposes all records covering charges pertinent to the purchase, and to make
appropriate adjustments in the event discrepancies are found.
15. Applicable Law: All applicable laws and regulations of the State of Missouri and the City will apply to any resulting
agreement, contract, or purchase order.
16. Right to Protest: Protestors shall seek resolution of their complaints initially with the City Purchasing Agent. Any protest
must state the basis upon which the solicitation or award is contested and shall be submitted within ten (10) calendar
days after such aggrieved person knew or could have reasonably been expected to know of the facts giving rise
17. Quality Guaranty: If any product delivered does not meet applicable specifications or if the product will not produce the
effect that the bidder represents to the City, the bidder shall pick up the product from the City at no expense. Also, the
bidder shall refund to the City any money which has been paid for same. The bidder will be responsible for attorney
fees in the event the bidder defaults and court action is required.
18. Quality Terms: The City reserves the right to reject any or all materials if, in its judgment, the item reflects
unsatisfactory workmanship, manufacturing, or shipping damages.
19. No-Bid: In the event you are unable to quote on this requirement, please return the “No-bid Response Form”, on or
before the bid closing date. Please indicate the reason(s) you are unable to participate in this solicitation.
20. Bid Tabulation: Bidders may request a copy of the bid tabulation of the Request for Bid through the City’s purchasing
21. Expenses: All expenses for making Proposals to the City of Nixa are to be borne by the bidder.
22. Collusion: By offering a submission to this Request for Bid, the bidder certifies the bidder has not divulged, discussed,
or compared the Bid with other bidders and has not colluded with any other bidder or parties to this RFB whatsoever.
Also, the bidder certifies, and in the case of a joint Bid, each party thereto certifies as to their own organization, that in
connection with this RFB:
a. Any prices and/or cost data submitted have been arrived at independently, without consultation,
communication, or agreement for the purpose of restricting competition, as to any matter relating to such
prices and/or cost data, with any other bidder or with any competitor.
b. Any prices and/or cost data for this Bid have not knowingly been disclosed by the bidder and will not
knowingly be disclosed by the bidder prior to the scheduled opening directly or indirectly to any other bidder
or to any competitor.
c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not
to submit a Bid for the purpose of restricting competition.
d. The only person or persons interested in this Bid, principal or principals are named therein and that no
person other than therein mentioned has any interest in this Bid or in the contract to be entered into.
e. No person or agency has been employed or retained to solicit or secure the contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee exempting bona fide employees
or established commercial agencies maintained by the Purchaser for the purpose of doing business.
23. Liability and Indemnity:
a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those
caused by the City’s gross negligence or willful or wanton misconduct arising out of or in any way connected with
a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or
received by the City under this contract.
b. The Contractor shall defend, indemnify and save harmless the City, its elected or appointed officials, agents and
employees from and against any and all liability, suits, damages, costs (including attorney fees), losses, outlays and
expenses from claims in any manner caused by, or allegedly caused by, or arising out of, or connected with, this
contract, or the work or any subcontract thereunder (the Contractor hereby assuming full responsibility for
relations with subcontractors), including, but not limited to, claims for personal injuries, death, property damage,
or for damages from the award of this contract to Contractor.
c. The Contractor shall indemnify and hold the City harmless from all wages or overtime compensation due any
employees in rendering services pursuant to this agreement or any subcontract, including payment of reasonable
attorneys’ fees and costs in the defense of any claim made under the Fair Labor Standards Act, the Missouri
Prevailing Wage Law or any other federal or state law.
24. Bid Information is Public: All documents submitted with any bid or proposal shall become public documents and subject
to Missouri State Statute Chapter 610 RSMo., which is otherwise known as the “Missouri Sunshine Law”. By submitting
any document to the City of Nixa in connection with a bid or proposal, the submitting party recognizes this and waives
any claim against the City of Nixa and any of its officers and employees relating to the release of any document or
information submitted. Each submitting party shall hold the City of Nixa and its officers and employees harmless from
any claims arising from the release of any document or information made available to the City of Nixa arising from any
25. Authorized Product Representation: The successful bidder(s) by virtue of submitting the name and specifications of a
manufacturer’s product will be required to furnish the named manufacturer’s product. By virtue of submission of the
stated documents, it will be presumed by the City that the bidder(s) is legally authorized to submit and the successful
bidder(s) will be legally bound to perform according to the documents.
26. Regulations: It shall be the responsibility of each bidder to assure compliance with OSHA, EPA, Federal, State of
Missouri, and City rules, regulations, or other requirements, as each may apply.
a. Unless otherwise stated in the Request for Proposal, cash discounts for prompt payment of invoices will not
be considered in the evaluation of prices. However, such discounts are encouraged to motivate prompt
b. As the best interest of the City may require, the right is reserved to make awards by item, group of items, all
or none, or a combination thereof; to reject any and all Bids or waive any minor irregularity or technicality in
c. Awards will be made to the Bidder whose Bid (1) meets the specifications and all other requirements of the
Request for Proposal and (2) is the lowest and best Bid, considering price, delivery, responsibility of the
bidder, and all other relevant factors.
28. Termination of Award: Any failure of the bidder to satisfy the requirements of the City shall be reason for termination
of the award. Any Bid may be rejected in whole or in part for good cause when in the best interest of the City.
29. Budgetary Constraints: The City reserves the right to reduce or increase the quantity, retract any item from the Bid, or
upon notification, terminate entire agreement without any obligations or penalty based upon availability of funds.
The Contractor shall procure and maintain insurance at its own cost and expense, throughout the duration
of the Contract. This insurance shall remain in full force until the work is completed and accepted by the
City of Nixa. The insurance shall be of such types and in such amounts as may be necessary to protect
the Contractor/Bidder and the interest of the City of Nixa against all hazards or risks of loss as specified
by the City.
Such policies shall name the City of Nixa as an additional named insured with limits of liability not less
than the sovereign immunity limits for Missouri public entities calculated by the Missouri Department of
Insurance as of January 1 each calendar year and published annually in the Missouri Register pursuant to
Section 537.610, RSMo.
The minimum coverage for the insurance referred to herein shall be as set out below:
a. Workers' Compensation….Statutory coverage per RSMo 287.010 et seq
Employer's Liability………. $1,000,000.00
b. Commercial General Liability Insurance, including coverage for Premises, Operations, Products
and Completed Operations, Contractual Liability, Broad Form Property Damage, Independent
Contractors, Explosion, Collapse, and Underground Property Damage and endorsed for blasting if
blasting required. Such coverage shall apply to bodily injury and property damage on an
“Occurrence Form Basis” with limits of at least Two Million Dollars and No Cents ($2,000,000.00)
for all claims arising out of a single accident or occurrence and at least Three Hundred Thousand
Dollars and No Cents ($300,000.00) with respect to injuries and/or death of any one person in a
single occurrence and an amount not less than at least $1,000,000 for all claims to property arising
out of a single occurrence and at least $100,000 to any one owner with respect to damages to
c. Automobile Liability Insurance covering bodily injury and property damage for owned, non-owned
and hired vehicles, with limits of at least Two Million Dollars and No Cents ($2,000,000.00) for
all claims arising out of a single accident or occurrence and at least Three Hundred Thousand
Dollars and No Cents ($300,000.00) with respect to injuries and/or death of any one person in a
single accident or occurrence.
d. Owner's and Contractor's Protective Liability Insurance to protect the City, its agents, servants and
employees from claims which may arise from the performance of this Contract, with limits of at
least Two Million Dollars and No Cents ($2,000,000.00) for all claims arising out of a single
accident or occurrence and at least Three Hundred Thousand Dollars and No Cents ($300,000.00)
with respect to injuries and/or death of any one person in a single accident or occurrence.
The Owner's and Contractor's Protective Liability Insurance must:
(1) Be a separate policy with the named insured being: The City of Nixa;