CONTRACT- Cement (Portland)

Location:	Missouri
Posted:	Jan 29, 2026
Due:	Feb 17, 2026
Agency:	City of St. Louis
Type of Government:	State & Local
Category:	65 - Medical, Dental, and Veterinary Equipment and Supplies
Solicitation No:	2026BID000112
Publication URL:	To access bid details, please log in.

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CITY OF ST LOUIS

INSTRUCTIONS AND CONDITIONS

FOR INVITATION FOR BID AND REQUEST FOR QUOTATIONS

PREPARATION OF BIDS.

 Bidders are expected to examine the complete bid and all attachments including drawings,

specifications and instructions. Failure to do so is at the bidder’s risk.

 Bidders shall furnish information required by the solicitation in the form requested. The

Buyer reserves the right to reject any or all with incomplete information or which are

presented in a different form. The original Invitation for Bid in its entirety will be

considered as fully applicable to the bid response regardless of the form used unless

specifically excepted by the bidder. In the latter case, the bid may be considered non-

responsive to the Invitation for Bid.

 Bids shall indicate the unit price extended to indicate the total price for each item bid. Any

difference between the unit price correctly extended and the total price shown for all items

bid shall be resolved in favor of the unit price, except when the bidder clearly indicates that

the total price for all items bid is based on consideration of being awarded the entire lot and

that an adjustment of the total price is being made in consideration of receiving the entire

bid.

 If the item has a trade name, brand and/or a catalog number, such shall be stated in the

bid. If the supplier proposed to furnish an item of a different manufacturer or supplier

other than that mentioned on the face hereof, bidder must specify maker, brand, quality,

catalog number, or other trade designation. Unless such is noted on the bid form, it will be

deemed that the article furnished is that designated, even though the bid may state “or

equal.”

 Time of proposed delivery shall be stated in definite terms; if stated in a number of days, it

shall include Saturdays, Sundays and holidays.

 Samples, when required, shall be furnished prior to the closing date or within time specified

in bid. Buyer reserves the right to reject bids submitted without required samples.

ALTERNATE BIDS. Alternate bids may be submitted and, if deemed advantageous to the City,

they may be evaluated and considered. The City is under no obligation to consider or accept an

alternate bid and reserves the right to reject any and all such bids.

SIGNATURE. Bidder shall sign the INVITATION TO BID or the REQUEST FOR

QUOTATION, hereafter referred to as bid or solicitation, on first page and on all continuation

pages in the proper section and shall enter their title and the date where requested. Erasures

or other changes must be initialed by person signing the bid. Signature shall be an original and

that of an agent authorized to sign on behalf other company.

SUBMISSION OF BID. Bids and modification thereof shall be returned in a sealed envelope

addressed to office specified in bid. The bid number and bid closing date and hour shall be

shown on the face of the envelope. Facsimile telegraph and telephone bids will not be

considered unless authorized by the bid or the Buyer and must be confirmed in writing.

Telephone modification will not be considered unless authorized by the bid or Buyer and

subsequently confirmed in writing.

OCCUPATIONAL LICENSE. All suppliers located in St. Louis, Missouri, must have a valid City

of St. Louis business license for sale of goods or services. Suppliers located outside St. Louis,

Missouri, must have a City of St. Louis business license if services are performed in St. Louis,

Missouri city limits. A valid license is required as a condition of all contracts. Contracts will not

be considered fully executed until the license is obtained. Failure to obtain the necessary

license and to maintain it on a current basis will be grounds to disqualify bids and to cancel

existing contracts.

EARNINGS AND OTHER TAXES.

 All suppliers located in St. Louis, Missouri, are required to have a valid earnings tax file

number and to pay earnings taxes on wages. Suppliers located outside St. Louis, Missouri,

must have a valid earnings tax file number and pay earnings taxes if services are

performed in St. Louis, Missouri. Obtaining a file number and payment of taxes are

required as a condition of all contracts. Failure to obtain a file number and to pay earnings

taxes on a current basis will be grounds to disqualify bids and to cancel existing contracts.

 All suppliers located in St. Louis, Missouri, must have all required licenses and permits and

pay all fees and taxes that are required by the City. Suppliers located outside St. Louis,

Missouri, must, when applicable, have all required licenses and permits and pay all fees and

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CITY OF ST LOUIS

INSTRUCTIONS AND CONDITIONS

FOR INVITATION FOR BID AND REQUEST FOR QUOTATIONS

taxes required by the City from nonresident suppliers. Failure to comply with the foregoing

will be grounds to disqualify bids and to cancel existing contracts.

EXPIRATION OF BID. All bids shall be considered as firm for a period of forty-five (45)

calendar days, commencing the day following the date of the bid closing and expiring at

midnight of the last day, unless otherwise stated in the body of the bid by the Supply

Commissioner. The bidder may state a date his/her bid expires, provided the date is specific

and is entered on the first page of the bid.

MODIFICATION OR WITHDRAWAL OF BIDS.

 Bids may be modified or withdrawn by written or telegraphic notice received prior to the

exact hour and date specified for receipt of bid. A bid may also be withdrawn in person or

by a bidder of his/her authorized representative, prior to the exact hour and date set for

receipt of bids. Telephone withdrawals are not permitted (however see paragraph 10).

 If this solicitation is negotiated, bids may be modified (subject to paragraph 10 when

applicable) or withdrawn by written or telegraphic notice received at any time prior to

award. Bids may be withdrawn in person by a bidder or his/her authorized representative,

provided their identity is made known and they signs a receipt for the bid prior to award.

LATE BIDS AND MODIFICATIONS OR WITHDRAWALS.

 Bids and modification of bids (or withdrawals thereof, if this solicitation is advertised)

received at the office designated in the solicitation after the exact hour and date specified

for receipt will not be considered unless: (1) they are received before award is made; and

either (2) they are sent by registered mail, or by certified mail for which an official dated

post office stamp (postmark) on the original Receipt for Certified Mail has been obtained

and it is determined by the City that the late receipt was due to delay in the mail for which

the bidder was not responsible; or (3) if submitted by mail (or telegram facsimile if

authorized) it is determined by the City that the late receipt was due solely to mishandling

by the City after receipt; provided that the timely receipt is established upon examination

of an appropriate date or time stamp (if any) or of other documentary evidence of receipt

(if readily available) within the control of the City or of the Post Office serving it. However,

a modification of a successful bid which makes the terms of the bid more favorable to the

City will be considered at any time it is received and may thereafter be accepted.

 The time of mailing of late bid submitted by registered or certified mail shall be deemed to

be the last minute of the date shown in the postmark on the registered mail receipt of

registered mail wrapper or on the Receipt for Certified Mail unless the bidder furnishes

evidence from the post office station of mailing which establishes an earlier time.

10.

MISTAKE IN BID.

 If the bidder discovers a mistake in bid prior to the hours and date specified for receipt of

bid, he/she may correct the mistake by modifying or withdrawing the bid in accordance

with paragraph 8 and 9 above.

 If the apparent low and best bidder discovers a mistake in bid of a serious and significant

nature which if unfavorable to him/her prior to the issuance of a purchase order or a

contract, he/she may request consideration be given to modifying the bid if he/she remains

the lowest bidder or to withdrawal of the bid if the result of the correction of the mistake

makes another bidder lowest and best bidder. The mistake must be evident and provable.

The right is reserved by the City to reject any and all requests for correction of mistakes in

bids received after the hour and date of the bid opening. The decision of the Buyer is final

as regards acceptance or rejection of request for correction of bids.

 A MISTAKE IN BID CANNOT BE CONSIDERED ONCE A PURCHASE ORDER OR

CONTRACT IS ISSUED.

11.

NO BIDS AND FUTURE SOLICITATIONS. It is required that if a supplier does not desire to

bid, the bid should be marked “NO BID” and returned in order to maintain the bidders name in

supplier file for future solicitations. If a bidder fails to respond to four (4) successive bids

without returning a “NO BID,” the Buyer reserves the right to delete the bidder, or certain

products listed as sold by the supplier, from the supplier file for future solicitations.

12.

BID BOND REQUIREMENT. Bid bonds shall be provided, by the bidder, when specified by the

terms of the INVITATION FOR BID or the REQUEST FOR QUOTATION. The amount shall

be that determined by the Supply Commissioner, City of St. Louis, Missouri, to be reasonable

and necessary to protect the best interest of the City. When required, the bid bond must

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CITY OF ST LOUIS

INSTRUCTIONS AND CONDITIONS

FOR INVITATION FOR BID AND REQUEST FOR QUOTATIONS

accompany the bid. Failure to provide the bond prior to the bid opening will be cause for

disqualification of the bid. The bond may be in the form of a surety bond, cashier’s check,

money order, or certified check drawn on a solvent bank. Such bond or deposit shall be

forfeited to the City in case the bidder shall fail or refuse to execute the contract.

13.

TRADE-IN. If the solicitation requests a price or value for one or more pieces of equipment to

be traded in as part of the purchase of new equipment, the City retains the option to purchase

the new equipment at the full price or to reduce the price of the new equipment by the amount

of the trade-in offered. The City is not obligated to accept the trade-in offer and may withdraw

equipment offered for trade-in at any time up to award.

14.

EVALUATION OF BIDS FOR MULTIPLE AWARDS. In addition to other factors, bids will be

evaluated on the basis of advantages or disadvantages to the City that might result from

making more than one award (multiple awards) to include total cost of ownership and

administrative cost to the City of issuing and administering each contract and associated

purchase orders awarded under this invitation. Administrative costs will be in a range for the

class of procurement as established by the Supply Commissioner. Individual awards will be for

the items and/or services and combinations of items and/or services which result in the lowest

aggregate price to the city, including such administration costs.

15.

AWARD OF CONTRACT.

 BIDS WILL BE ANALYZED AND THE AWARD MADE TO THE LOWEST AND BEST

RESPONSIVE AND RESPONSIBLE BIDDER whose bid conforms to the solicitation and

whose bid is considered to be most advantageous or best value to the City, price and other

factors considered. The right to determine the foregoing is reserved to the Supply

Commissioner and is not subject to appeal. In the event equal bids are received,

paragraph 18. MISSOURI AND OTHER PREFERENCE will apply. If the preference does

not break the tie, then the award will be made by public drawing of lots by the Buyer and

one witness.

 The City reserves the right to reject any and all bids and all or part of a bid; to waive

informalities, technical defects, and minor irregularities in bids received; and to select the

bid(s) deemed most advantageous or best value to the City. The City shall consider bids

submitted to an “all or nothing” basis if the bid is clearly designated as such.

 The City may accept any item or group of items of any bid, unless the bidder qualifies his

bid by specific limitations. UNLESS OTHERWISE PROVIDED IN THE SOLICITATION,

BIDS MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN THOSE SPECIFIED

AND THE CITY RESERVES THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A

QUANTITY LESS THAN THE QUANTITY BID AT THE UNIT PRICES BID UNLESS THE

BIDDER SPECIFIES OTHERWISE IN THEIR BID.

 UPON ACCEPTANCE BY THE CITY, THE SOLICITATION FOR BID AND A PURCHASE

ORDER ISSUED TO THE SUCCESSFUL BIDDER WITHIN THE TIME SPECIFIED SHALL

BE DEEMED TO RESULT IN A BINDING CONTRACT WITHOUT FURTHER ACTION BY

EITHER PARTY. ITEMS ARE TO BE FURNISHED AS DESCRIBED IN THE BID AND IN

STRICT CONFORMITY WITH ALL INSTRUCTIONS, CONDITIONS, SPECIFICATIONS,

AND DRAWINGS CONTAINED IN THE COMPLETE CONTRACT.

16.

PURCHASE ORDERS. All goods and services will be ordered by means of a purchase order for

which funds have been certified and encumbered by the Comptroller. Goods and services will

not be provided in excess of the amount of the purchase order. The City has no obligation to

pay invoices in excess of the purchase order amount. Under emergency conditions, the Supply

Commissioner may order goods or services and provide a purchase order number by

telephone.

17.

PERFORMANCE BOND REQUIREMENT. A performance bond shall be provided by the bidder

receiving the award when specified by the terms of the bid. The amount shall be that

determined by the Supply Commissioner to be reasonable and necessary to protect the best

interest of the City. “THE BOND MAY BE IN THE FORM OF A SURETY BOND OR

CASHIERS CHECK”. Such bond or deposit shall be forfeited to the City in case the bidder

receiving the contract shall fail or refuse to fulfill the requirements and all terms and conditions

of the contract. The contract is not considered to be complete until the performance bond is

submitted. Purchase orders may not be issued or invoices paid unless the required

performance bond is on file. Unless specified otherwise in the bid, the bond must be furnished

within twenty-one (21) calendar days after receipt of notification of intent to award the contract

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CITY OF ST LOUIS

INSTRUCTIONS AND CONDITIONS

FOR INVITATION FOR BID AND REQUEST FOR QUOTATIONS

or receipt of a request for performance bond. The City has the right to disqualify an otherwise

successful bid if the performance bond is not received within the time requested.

18.

MISSOURI AND OTHER PREFERENCE.

 By virtue of statutory authority, the Buyer shall give preference to all commodities

manufactured, produced, assembled or grown within the State of Missouri and to all firms,

corporations, or individuals doing business as Missouri firms, corporations, or individuals,

when quality is equal or better and delivered price is the same of less. Within the State of

Missouri, the same type of preference is given to firms located in the City, as versus other

firms located in Missouri but outside the city limits.

 The City has implemented the Missouri Domestic Procurement Act (Buy American), Sections

34.350 to 34.359 RSMO Supp. 1987, by adopting the following policy on the purchase of

American goods. Preference will be given to the purchase or lease of products

manufactured, assembled, or produced in the United States if the quality and price are

comparable with other goods. Suppliers providing services and/or products under Term

Supply and Services Contracts and leases will give preference to providing products

manufactured, assembled, or produced in the United States if the quality and price are

comparable with other goods.

19.

TIME OF DELIVERY. Delivery is REQUIRED to be made in accordance with the schedule

shown in the solicitation and purchase order. Bids offering delivery of each quantity within the

applicable delivery period specified above will be evaluated equally as regards time of delivery.

Bids offering delivery of a quantity under such terms or conditions that delivery will not clearly

fall within the applicable delivery period may, as determined by the Buyer, be considered non-

responsive and may be rejected. When a bidder offers an earlier delivery schedule than that

called for in the bid, the City reserves the right to award either in accordance with the

REQUIRED schedule or in accordance with the schedule offered by the bidder. If the bidder

offers no other delivery schedule, the delivery schedule stated above shall apply.

20.

F.O.B. DESTINATION. Unless otherwise directed in the solicitation and purchase order, all

deliveries shall be F.O.B. Destination and all freight charges shall be included in the total price.

Supplies shall be delivered to the destination consignee’s warehouse unloading platform, or

receiving dock, at the expense of the Contractor. The City shall not be liable for any delivery,

storage, demurrage, accessorial, or other charges involved prior to the actual delivery (Or

“constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless

such charges are caused by an act or order of the City acting in its contractual capacity. If rail

carrier is used, supplies will be delivered to the specified unloading platform of the consignee.

If motor carrier (including “piggy-back”) is used, supplies will be delivered to truck tailgate at

the unloading platform of the consignee. If the Contractor uses rail carrier or freight forwarder

for less than carload shipments, he/she shall assure that the carrier will furnish tailgate delivery

if transfer to truck is required to complete delivery to consignee. One of the following

statements usually will appear on the purchase order, although others may be used. If no

statement appears, paragraph 20 is applicable.

 FOB DESTINATION, FREIGHT PREPAID BY SELLER. The seller pays and bears all

freight charges.

 FOB DESTINATION, FREIGHT PREPAID AND CHARGED BACK ON INVOICE. The

seller pays the freight and charges the City by adding it to the invoice.

 FOB DESTINATION, FREIGHT COLLECT. The City pays and bears the freight charges.

 FOB DESTINATION, FREIGHT COLLECT AND ALLOWED ON INVOICE. The City pays

the freight charges and deducts the amount from the seller’s invoice.

21.

QUALITY. Unless otherwise required by terms of the solicitation all goods furnished shall be

new, in current production, and the best of their kind. When applicable, parts and maintenance

service shall be reasonably available. New equipment that is obsolete or technically outdated is

not acceptable. Remanufactured or reconditioned items are not considered new. Items shall be

properly packaged, packed, labeled, and identified in accordance with commercial standards

acceptable to the trade and as required by ICC and other federal and state regulations. Packing

slips will accompany the shipment.

22.

PRICE. Prices quoted are to be firm and final. All prices quoted shall be net and shall reflect

any available discount except for discounts for timely payment. All prices are to be F.O.B.

designated delivery point. All shipping, packing and drayage charges are the responsibility of

the supplier. C.O.D. shipments will not be accepted unless otherwise agreed to by the City.

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CITY OF ST LOUIS

INSTRUCTIONS AND CONDITIONS

FOR INVITATION FOR BID AND REQUEST FOR QUOTATIONS

23.

BRAND NAME OR EQUAL. WHENEVER THE NAME OF THE MANUFACTURER OR THE

SUPPLIER IS MENTIONED ON THE FACE HEREOF AND THE “OR EQUAL” DO NOT

FOLLOW, IT SHALL BE DEEMED THAT THE WORDS “OR EQUAL” SHALL FOLLOW SUCH

DESIGNATIONS UNLESS THE FACE HEREOF SPECIFIES”NO SUBSTITUTIONS. THE

CITY MAY ASSUME THAT ITEMS BID ARE EQUAL OR IT MAY REQUEST SAMPLES AND

PROOF THEREOF AND UNLESS APPROVED BEFORE SHIPMENT, CITY RESERVES THE

RIGHT TO RETURN AT THE BIDDER’S EXPENSE ALL ITEMS THAT ARE NOT ACCEPTABLE

AS EQUALS, SAID ITEMS TO BE REPLACED BY THE BIDDER WITH SAFISFACTORY

ITEMS AT THE ORIGINAL BID PRICE.

24.

COMMERCIAL WARRANTY. The Contractor agrees that the supplies or services furnished

under this contract shall be covered by the most favorable commercial warranties the

Contractor gives to any customer for such supplies or services and that the rights and remedies

provided herein are in addition to and do not limit any rights afforded to the City by any other

clause of this contract.

25.

FREIGHT CHARGES ON DIRECT SHIPMENTS TO THE CITY. The price or prices mentioned

in the bid and carried into this contract are made with reference to lawful freight charges in

existence at the time of submission of bids, and said contract prices shall be increased or

decreased, as the case may be, by any change in freight rates, provided that any claim for any

additional freight must be presented to the City, within thirty (30) days after such advance in

freight rates becomes effective. Reductions in freight will be deducted from the contract price.

The clause applies to freight on shipments made directly and separately by the manufacturer to

the City.

26.

VARIATION IN QUANTITY. No variation in the quantity of any item called for by this contract

will be accepted unless such variation has been caused by conditions of loading, shipping, or

packing, or allowances in manufacturing processes, and then only to the extent, if any,

specified elsewhere in this contract.

27.

DISCOUNTS.

 Prompt payment discounts offered for payment within less than twenty (20) calendar days

will not be considered in evaluating bids for award, unless otherwise specified in the

solicitation. However, offered discounts of less than 20 days will be taken if payment is

made within the discount period, even though not considered in the evaluation of bids.

 In connection with any discount offered, time will be computed from date of delivery of the

supplies to the carrier when acceptance is at the point of origin, or from date of delivery at

destination when delivery and acceptance is at destination, or from the date the correct

invoice or voucher is received in the office specified by the City, if the latter is later than

date of delivery. Payment is deemed to be made for the purpose of earning the discount on

the date of mailing of the City check.

 Any discount offered other than for prompt payment should be included in the net price

quoted and not included in separate terms. In the event this is not done, the City reserves

the right to accept the discount offered and adjust prices accordingly on the purchase

order.

28.

SELLER’S INVOICE. Invoices shall be prepared and submitted in duplicate to delivery address

shown on the purchase order. Separate invoices are required for each purchase order.

Invoices shall contain the following information: purchase order number, item number,

description of supplies or services, sizes, unit of measure, quantity, unit price and extended

totals.

29.

INSPECTION AND ACCEPTANCE. Inspection and acceptance will be at destination unless

specified otherwise, and will be made by the City department shown in the shipping to address

or other duly authorized representative of the City. Until delivery and acceptance, and after

any rejection, risk of loss will be on the Contractor unless loss results from negligence of the

City. Supplier will be notified of rejected shipments. Unless agreed otherwise, items will be

returned freight collect.

30.

LOSS AND DAMAGED SHIPMENTS. Risk of loss or damage to items prior to the time of their

receipt and acceptance by the City is upon the supplier. The City has no obligation to accept

damaged shipments and reserves the right to return at the supplier’s expense damaged

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CONTRACT- Cement (Portland)

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