Specifictions

Project 359 – University Drive Lighting City of Rolla REQUEST FOR BID BID OF Bidder Name________________________________________________________ Bidder Address______________________________________________________ ___________________________________________________________________ FOR LIGHTING IMPROVEMENTS NOTICE TO BIDDERS This project has a completion date of August 1st, 2022. The City of Rolla hereby requests bids for “Project 359 – University Drive Lighting.” Liquidated Damages - Should the contractor fail to complete the work on or before the completion date specified the contractor will be charged liquidated damages in the amount of $500.00 per calendar day for each full calendar day that the work is not fully completed. Liquidated damages will not be charged for weekends and holidays. Bids will be accepted until 11:00 a.m., Wednesday, November 17th, 2021, in the office of the City Clerk, 3rd Floor, 901 North Elm Street, Rolla, Missouri, at which time they will be opened. Bids

shall be submitted in a sealed envelope and clearly marked “UNIVERSITY DRIVE LIGHTING, PROJECT NO. 359”. The project will consist of the placement of highway ligting along the relocated University Drive and Hwy 63. Conduit installation will be by others. An optional pre-bid conference will be held on Wednesday, November 10th, 2021 at 11:00 a.m. in the 4th floor conference room of the Public Works Department, 901 North Elm Street, Rolla, Missouri. Contractor shall be responsible for compliance with Section 290.250 of the Revised Missouri Statutes pertaining to prevailing wages. Only Missouri laborers and laborers from nonrestrictive states are allowed by law to be employed on Missouri’s public works projects when the unemployment rate exceeds 5% for two consecutive months. (Sections 290.550 through 290.580 R.S.Mo.) Bidders are informed that pursuant to Section 285.530, R.S.Mo, as a condition of the award of any contract in excess of five thousand dollars ($5,000.00), 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. Successful bidders shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection to the contracted services. Bidders are informed that the project is subject to the requirements of Section 292.675, R.S.Mo, 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 Occupation 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 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. All bids shall be on the proposal form provided and shall be accompanied by submittals and a bid bond issued by an acceptable surety company and payable to the order of the City of Rolla, for not less than five percent (5%) of the total amount of the bid. The successful Contractor shall be expected to proceed as expeditiously as possible upon receipt of the NOTICE TO PROCEED. The successful contractor will be required to have a City of Rolla business license. Payment shall be based on actual measured quantities. The City reserves the right to reject any and all bids. Bid documents and specifications may be reviewed in, or purchased for $100.00 from the Rolla Public Works Department, 4th Floor, 901 North Elm Street, Rolla, Missouri 65401. Bid documents can be picked up Monday through Friday, 8:00 a.m. to 5:00 p.m. PDF copies will be emailed at no cost. Specifications and the plan sheet can also be downloaded at www.rollacity.org/bids. The project will be awarded to the lowest, responsive, responsible bidder. The City reserves the right to reject any and all bids. All work shall be done in adherence to the City of Rolla Standards and Specifications, and Missouri Standard Specifications for Highway Construction (2018). Where these are in conflict, the City of Rolla Standards and Specifications shall be followed. Missouri Standard Specifications for Highway Construction 2018 Edition, Section 100 specifications shall be followed at all times and override City of Rolla Standards when in conflict. The current Missouri Standard Specifications for Highway Construction and updates to the specifications can be viewed at: http://www.modot.org/business/standards_and_specs/highwayspecs.htm. The updates can be found in the supplemental Specifications and the General Provisions and Supplemental Specifications at the MoDOT site. DBE for this project shall be 0 percent. There do not appear to be any utilities that need to be moved in relation to this project. It is the contractor’s responsibility to verify the location of all existing utilities. Please refer to the index sheet of project plans for phone numbers associated with appropriate utility companies. Steve Hargis, P.E. Public Works Director http://www.modot.org/business/standards_and_specs/highwayspecs.htm BIDDER CHECKLIST FINAL CHECKLIST BEFORE SUBMITTING BID  1. Submit completed Contractor Questionnaire and/or Contractor Prequalification Questionnaire with attachments not later than seven (7) days prior to the date and hour of the bid opening. See Secs 101-103 of the Standard Specifications, and Rule 7 CSR 10-15.900, "Prequalifications to Bid of Certain Contractors". Questionnaire and Contact information are provided on MoDOT’s website. (if applicable – required on highway and bridge projects)  2. For submittal of paper bids, the complete set of bidding documents includes all information through the DBE forms (for DBE forms see #7). The Technical Specifications/Job Special Provisions are for the bidder’s information only and is not to be returned with the bid.  3. If submitting the bid by mail, it is to be completed, executed, and submitted in a sealed envelope addressed to”City of Rolla Public Works Department”. Provide the vendor name, vendor address, vendor number, county, route and federal project number on the outside of the envelope (if applicable).  4. Please read all items in the bidding document carefully. For paper bids, complete all items in ink or by typing in the information.  5. Sign this bidding document properly. If submitted in the name of a firm or corporation, the legal name of the firm or corporation should appear in the space designated, and be signed for by one or more persons legally qualified to execute papers in the name of said firm or corporation. Affix Corporate Seal if the Bidder is a Corporation.  6. For paper bids submit a bid bond executed by bidder and surety, or attach cashier's check to the bid bond form.  7. Submit the DBE Identification Submittal within 3 business days of the Bid Opening.  8. For paper bids, staple addenda to the bid in the appropriate part of the bid. The letter accompanying the addenda should be stapled to the inside of the back cover of the bid and returned. The bidder should retain a duplicate copy. (if applicable)  Below is a list of common mistakes made by bidders leading to non-responsive bids. Please refer to the Standard Specifications for the appropriate procedures for completing and submitting a bid. a) Not signing the bid b) Not incorporating the addendum into the bidding documents, including attaching the letter to the bid c) Not providing a bid bond d) Using pencil to fill out the bid e) Using white out to make corrections to the itemized bid sheets f) Not initialing changes made  All questions concerning the bid document preparation can be directed to the Darin Pryor, P.E. at 573-364-8659. Project specific questions can be directed to Darin Pryor, P.E. Special Needs: If you have special needs addressed by the Americans with Disabilities Act, please notify Darin Pryor, P.E. at 573-364-8659 or through Missouri Relay System, TDD 1-800-735-2966, at least five (5) working days prior to the bid opening. TABLE OF CONTENTS Notice to Contractors Proposed Work...................................................................................... (1) Compliance With Contract Provisions ................................................. (2) Period of Performance ........................................................................... (3) Liquidated Damages .............................................................................. (4) Bid Guaranty .......................................................................................... (5) Certifications for Federal Jobs ............................................................. (6) Antidiscrimination ................................................................................. (7) Federal and State Inspection ................................................................. (8) Prevailing Wage ..................................................................................... (9) Worker Eligibility Requirements ......................................................... (10) OSHA Training Requirements ............................................................. (11) Buy America Requirements .................................................................. (12) Addendum Acknowledgement .............................................................. (13) Signature and Identity of Bidder .......................................................... (14) Trainees................................................................................................... (15) Subcontractor Disclosure ...................................................................... (16) Project Award ........................................................................................ (17) Materials Inspections……………………………………………………(18) Prime Contractor Requirements .......................................................... (19) Tax Exempt Status ................................................................................. (20) Itemized Bid Sheets Bid Bond DBE Identification Submittal DBE Provisions General Provisions (Other Than MoDOT) Job Special Provisions Form FHWA 1273 Federal Aid Provisions Applicable State Wage Rates Applicable Federal Wage Rates Applicable Environmental and Cultural Permits and Clearances ADA Checklist Contract Forms Fig 136.10.3 Sample Contract Agreement Fig 136.10.4 Sample Contract Bond Fig 136.10.5 Sample Contractors Acknowledgement http://epg.modot.mo.gov/files/3/33/136.10.3.docx http://epg.modot.mo.gov/files/7/7e/136.10.4.doc http://epg.modot.mo.gov/files/e/ee/136.10.5.pdf NOTICE TO CONTRACTORS Sealed bids, addressed “City of Rolla Public Works Department, P.O. Box 979, 901 North Elm Street, Rolla, MO 65402” for the proposed work will be received by the City of Rolla Public Works Department until 11:00 a.m. (prevailing local time) on Wednesday, November 17th, 2021 at the office of the City of Rolla City Clerk, and at that time will be publicly opened. Bids should be delivered to: City of Rolla City Clerk, P.O.Box 979, 901 North Elm Street-3rd Floor, Rolla, MO 65402. (1) PROPOSED WORK: The proposed work, hereinafter called the work, includes: Project consists of the construction of highway lighting along the relocated University Drive and Route 63. (2) COMPLIANCE WITH CONTRACT PROVISIONS: The bidder, having examined and being familiar with the local conditions affecting the work, and with the contract, contract documents, including the current version of the Missouri Highways and Transportation Commission's "Missouri Standard Specifications for Highway Construction," and "Missouri Standard Plans for Highway Construction" (if applicable), their revisions, and the request for bid, including appendices, the special provisions and plans, hereby proposes to furnish all labor, materials, equipment, services, etc., required for the performance and completion of the work. All references are to the Missouri Standard Specifications for Highway Construction, as revised, unless otherwise noted. The following documents are available on the Missouri Department of Transportation web page at www.modot.mo.gov under "Business with MoDOT" “Standards and Specifications”. The effective version shall be determined by the letting date of the project. General Provisions & Supplemental Specifications Supplemental Revisions to Missouri Standard Plans For Highway Construction (if applicable) These supplemental bidding documents contain all current revisions to the bound printed versions and have important legal consequences. It shall be conclusively presumed that they are in the bidder's possession, and they have been reviewed and used by the bidder in the preparation of any bid submitted on this project. Please note that within the above-listed documents, the term “Commission” shall be replaced with the term, “City of Rolla Public Works Department”, and the term “Engineer” is a reference to the Engineer of Record from the “City of Rolla Public Works Department” or his representative. The contracting authority for this contract is the City of Rolla. (3) PERIOD OF PERFORMANCE: If the bid is accepted, the bidder agrees that work shall be diligently prosecuted at such rate and in such manner as, in the judgment of the engineer, is necessary for the completion of the work within the time specified as follows in accordance with Sec 108: Calendar Days: as specified in Job Special Provisions “Project Time For Completion of Work” Completion Date: August 1st, 2022 (4) LIQUIDATED DAMAGES: The bidder agrees that, should the bidder fail to complete the work in the time specified or such additional time as may be allowed by the engineer under the contract, the amount of liquidated damages to be recovered in accordance with Sec 108 shall be as follows: Liquidated damages per day $500.00 (5) BID GUARANTY: The bidder shall submit a Bid Guaranty meeting the requirements of Section 102 of the Missouri Standard Specifications for Highway Construction.. All bids shall be on the proposal form provided and shall be accompanied by submittals and a bid bond issued by an acceptable surety company and payable to the order of the City of Rolla, for not less than five percent (5%) of the total amount of the bid. A sample project bid bond form is included in the bid book. The bidder shall mark the box below to identify the type of Bid Guaranty.  Paper Bid Bond  Cashier’s Check (6) CERTIFICATIONS FOR FEDERAL JOBS: By signing and submitting this bid, the bidder makes the certifications appearing in Sec. 102.18.1 (regarding affirmative action and equal opportunity), Sec. 102.18.2 (regarding disbarment, eligibility, indictments, convictions, or civil judgments), Sec. 102.18.3 (regarding anti-collusion), and Sec. 102.18.4 (regarding lobbying activities). Any necessary documentation is to accompany the bid submission, as required by these sections. As provided in Sec. 108.13, the contracting authority may terminate the contract for acts of misconduct, which includes but is not limited to fraud, dishonesty, and material misrepresentation or omission of fact within the bid submission. (7) ANTIDISCRIMINATION: The Contracting Authority hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, businesses owned and controlled by socially and economically disadvantaged individuals 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, creed, sex, age, ancestry, or national origin in consideration for an award. (8) FEDERAL AND STATE INSPECTION: The Federal Government is participating in the cost of construction of this project. All applicable Federal laws, and the regulations made pursuant to such laws, shall be observed by the contractor, and the work will be subject to the inspection of the appropriate State or Federal Agency in the same manner as provided in Sec 105.10 of the Missouri Standard Specifications for Highway Construction with all revisions applicable to this bid and contract. (9) PREVAILING WAGE (FEDERAL AND STATE): This contract requires payment of the prevailing hourly rate of wages for each craft or type of work required to execute the contract as determined by the Missouri Department of Labor and Industrial Relations, and requires adherence to a schedule of minimum wages as determined by the United States Department of Labor. For work performed anywhere on this project, the contractor and the contractor’s subcontractors shall pay the higher of these two applicable wage rates. The applicable state wage rates for this contract are detailed in “Annual Wage Order No. 28”, that is attached to this bidding document. These supplemental bidding documents have important legal consequences. It shall be conclusively presumed that they are in the bidder's possession, and they have been reviewed and used by the bidder in the preparation of any bid submitted on this project. (10) WORKER ELIGIBILITY REQUIREMENTS: Execution of the construction contract for this project is dependent upon the awarded bidder providing an Affidavit of Compliance AND E-Verify Memorandum-of-Understanding (MOU) between the bidder and Department of Homeland Security to the Contracting Authority as required by section 285.530 RSMo. The cover page and signature page of the E-Verify MOU and the Affidavit must be submitted prior to award of this contract. A sample Affidavit of Compliance can be found at the Missouri Attorney General’s website at the following link: http://ago.mo.gov/forms/Affidavit_of_Compliance.pdf All bidders must also be enrolled in the E-Verify Program, and include their MOU prior to contract execution. Bidders who are not enrolled will need to go to the following website link and select “Enroll in the Program” to get started. After completing the program, they will receive their E-Verify MOU with Department of Homeland Security. This document will need to be printed out and kept on file so that a copy can be attached to the Affidavit of Compliance. http://www.dhs.gov/files/programs/gc_1185221678150.shtm This requirement also applies to subcontractors and contract labor, but this contract only requires submittal of the verification documents for the prime contractor. It is the prime contractor’s responsibility to verify the worker eligibility of their subcontractors in order to protect their own company from liability as required by section 285.530 RSMo. http://ago.mo.gov/docs/default-source/forms/affidavit_of_compliance.pdf?sfvrsn=2 http://ago.mo.gov/docs/default-source/forms/affidavit_of_compliance.pdf?sfvrsn=2 http://www.dhs.gov/files/programs/gc_1185221678150.shtm AFIDAVIT OF COMPLIANCE SECTION 285.530.2 State of Missouri ) ss County of ) Now this day of , 20 __ , the undersigned, being first duly sworn, deposes and says: 1. I am more than 18 years of age. 2. I make this affidavit from my personal knowledge of the facts stated herein or upon information and facts available to me as a duly authorized owner, partner, corporate or LLC officer or Human Relations Director of (Name of Corporation, LLC, sole proprietorship or partnership) 3. I am authorized to make this affidavit on behalf of . (Name of business entity, same as above) 4. I state and affirm that is enrolled and is currently Name of business entity, same as above participating in E-Verify, a federal work authorization program or another equivalent electronic verification of work authorization program operated by the United States Department of Homeland Security under the Immigration Reform and Control Act of 1986. 5. Further, does not knowingly employ any person who is (Name of business entity, same as above) an unauthorized alien. 6. Further, has performed an electronic verification check (Name of business entity, same as above) as described above on all workers hired since January 1, 2009 or obtained documents required for completion of a federal I-9 form before it began participating in e-verify. 7. Attached to this affidavit is a true and accurate copy of this company’s Memorandum of Understanding with the United States concerning the use of e-verify. I certify under penalty of perjury that the statements above are complete, true and accurate to the best of my knowledge and belief. (Authorized Agent, Partner, Owner or Officer If business has a Human Relations Director or equivalent that person must sign as an affiant as well. I certify under penalty of perjury that the statements above are complete, true and accurate to the best of my knowledge and belief. Human Relations Director This form is promulgated pursuant to 15CSR 60-15.020. Use of this form is not required but the Attorney General has deemed this affidavit sufficient in form to satisfy the requirements of section 285.540, RSMo., Supp. 2008. FURTHER THE AFFIANT SAYETH NOT (Signature) On this day of in the year 20 ___, before me, _____________________________a Notary Public in and for said State, personally appeared , known to me to be the person who executed the within affidavit, and acknowledged to me that he/she executed the same for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the county and State aforesaid, the day and year first above written. Notary Public My Commission Expires: (11) OSHA TEN HOUR TRAINING REQUIREMENTS: Missouri Law, 292.675 RSMO, requires any awarded contractor and its subcontractor(s) to provide a ten-hour Occupational Safety and Health Administration (OSHA) Construction Safety Program (or a similar program approved by the Missouri Department of Labor and Industrial Relations as a qualified substitute) for their on-site employees (laborers, workmen, drivers, equipment operators, and craftsmen) who have not previously completed such a program and are directly engaged in actual construction of the improvement (or working at a nearby or adjacent facility used for construction of the improvement). The awarded contractor and its subcontractor(s) shall require all such employees to complete this ten-hour program, pursuant to 292.675 RSMO, unless they hold documentation on their prior completion of said program. Penalties, for Non-Compliance include contractor forfeiture to the Contracting Authority in the amount of $2,500, plus $100 per contractor and subcontractor employee for each calendar day such employee is employed beyond the elapsed time period for required program completion under 292.675 RSMO. (12) BUY AMERICA REQUIREMENTS: Construction contracts shall assure compliance with Section 165 of the Surface Transportation Assistance Act of 1982, Section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 23 CFR 635.410 regarding Buy America provisions on the procurement of foreign products and materials. On all contracts involving Federal-aid, all products of iron, steel, or a coating of steel which are incorporated into the work must have been manufactured in the United States. The Contracting Authority may allow minimal amounts of these materials from foreign sources, provided the cost does not exceed 0.1 percent of the contract sum or $2,500, whichever is greater. The Contractor certifies that these materials are of domestic origin. Additional information regarding the “Buy America” requirements can be found at: http://www.fhwa.dot.gov/programadmin/contracts/b-amquck.cfm (13) ADDENDUM ACKNOWLEDGEMENT: The undersigned states that the all addenda (if applicable) have been received, acknowledged and incorporated into their bid, prior to submittal. For paper bids, staple addenda to the bid in the appropriate part of the bid. (14) SIGNATURE AND IDENTITY OF BIDDER: The undersigned states that the following provided information is correct and that (if not signing with the intention to bind themselves to become the responsible and sole bidder) they are the agent of, and they are signing and executing this, as the bid of ______________________________________________________________________________________, which is the correct LEGAL NAME as stated on the contractor questionnaire (if applicable). a) The organization submitting this bid is a(n) (1) individual bidder, (2) partnership, (3) joint venturer (whether individuals or corporations, and whether doing business under a fictitious name), or (4) corporation. Indicate by marking the appropriate box below. sole individual partnership joint venture corporation, incorporated under laws of state of _______________________________________. b) If the bidder is doing business under a fictitious name, indicate below by filling in the fictitious name ________________________________________________________________________________ Executed by bidder this day of 20 . THE BIDDER CERTIFIES THAT THE BIDDER AND ITS OFFICIALS, AGENTS, AND EMPLOYEES HAVE NEITHER DIRECTLY NOR INDIRECTLY ENTERED INTO ANY AGREEMENT, PARTICIPATED IN ANY COLLUSION, OR OTHERWISE TAKEN ANY ACTION IN RESTRAINT OF FREE COMPETITIVE BIDDING IN CONNECTION WITH THIS BID, AND THAT THE BIDDER INTENDS TO PERFORM THE WORK WITH ITS OWN BONAFIDE EMPLOYEES AND SUBCONTRACTORS, AND DID NOT BID FOR THE BENEFIT OF ANOTHER CONTRACTOR. THE BIDDER ACKNOWLEDGES THAT THIS IS AN UNSWORN DECLARATION, EXECUTED UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES AND/OR FALSE DECLARATION UNDER THE LAWS OF MISSOURI, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS. THE FAILURE TO PROVIDE THIS CERTIFICATION IN THIS BID MAY MAKE THIS BID NON-RESPONSIVE, AND CAUSE IT TO BE REJECTED. http://www.fhwa.dot.gov/programadmin/contracts/b-amquck.cfm THE BIDDER CERTIFIES THAT THE BIDDER'S COMPANY KNOWINGLY EMPLOYS ONLY INDIVIDUALS WHO ARE AUTHORIZED TO WORK IN THE UNITED STATES IN ACCORDANCE WITH APPLICABLE FEDERAL AND STATE LAWS AND ALL PROVISIONS OF MISSOURI EXECUTIVE ORDER NO. 07-13 FOR CONTRACTS WITH THE CONTRACTING AUTHORITY. Check this box ONLY if the bidder REFUSES to make any or all of these certifications. The bidder may provide an explanation for the refusal(s) with this submittal. _______________________________________________________________________________________ Signature of Bidder’s Owner, Officer, Partner or Authorized Agent _______________________________________________________________________________________ Please print or type name and title of person signing here Attest: _______________________________________________________________________________________ Secretary of Corporation if Bidder is a Corporation Affix Corporate Seal (If Bidder is a Corporation) NOTE: If bidder is doing business under a fictitious name, the bid shall be executed in the legal name of the individual, partners, joint ventures, or corporation, and registration of fictitious name filed with the secretary of state, as required by sections 417.200 to 417.230 RSMo. If the bidder is a corporation not organized under the laws of Missouri, it shall procure a certificate of authority to do business in Missouri, as required by section 351.572 et seq RSMo. A certified copy of such registration of fictitious name or certificate of authority to do business in Missouri shall be filed with the Missouri Highways and Transportation Commission, as required by the standard specifications. (15) TRAINEES: By submitting this bid, the bidder certifies that the bidder is familiar with the Training Provision in the Missouri Highways and Transportation Commission’s “General Provisions and Supplement Specifications” which are available on the Missouri Department of Transportation web page at www.modot.mo.gov under "Business with MoDOT" “Standards and Specifications”. The number of trainee hours provided under this contract will be 0 slots at 1000 hours per slot or 0 hours. (16) SUBCONTRACTOR DISCLOSURE: Requirements contained within Sec 102.7.12 of the Missouri Standard Specification for Highway Construction shall be waived for this contract. (17) PROJECT AWARD: This project will be awarded to the lowest, responsive, responsible bidder. (18) MATERIALS INSPECTIONS: All technicians who perform, or are required by the FHWA to witness, such sampling and testing shall be deemed as qualified by virtue of successfully completing the requirements of EPG 106.18 Technician Certification Program, for that specific technical area. (19) PRIME CONTRACTOR REQUIREMENTS: The limitation in Sec 108.1.1 of the Missouri Standard Specifications for Highway Construction that "the contractor's organization shall perform work amounting to not less than 40 percent of the total contract cost" is waived for this contract. Instead, the less restrictive terms of the Federal Highway Administration's rule at Title 23 Code of Federal Regulations (CFR) § 635.116(a) shall apply, so that the contractor must perform project work with its own organization equal to and not less than 30 percent of the total original contract price. Second-tier subcontracting will not be permitted on this contract. All other provisions in Sec 108.1.1 et seq. of the Missouri Standard Specifications for Highway Construction shall remain in full force and effect, and shall continue to govern the contractor and its subcontractors, in accordance with the provisions of Title 23 CFR § 635.116. (20) SALES AND USE TAX EXEMPTION: City of Rolla, a tax exempt entity, will furnish a Missouri Project Exemption Certificate as described in Section 144.062 RSMo to the awarded contractor who in turn may use the certificate to purchase materials for a specific project performed for the tax exempt entity. Only the materials and supplies incorporated or consumed during the construction of the project are exempt. The certificate will be issued to the contractor for a specific project for a defined period of time. ITEMIZED BID: The bidder should complete the following section in accordance with Sec 102.7. The bidder proposes to furnish all labor, materials, equipment, services, etc. required for the performance and completion of the work, as follows: ROLLA PROJECT 359 – UNIVERSITY DRIVE LIGHTING CITY OF ROLLA, MISSOURI Bid price includes all labor, materials, forms and equipment necessary for constructing all improvements as shown on the plans and specifications. All unit prices shall cover complete installation of item. Payment shall be on actual measured quantities. Item No. Description Qty. Unit Unit Price Extended Total 1 LS $ $ 3 EA $ $ 2,065 LF $ $ 2,500 LF $ $ 4,791 LF $ $ 11 EA $ $ 12 EA $ $ 3 EA $ $ 25 EA $ $ 4 EA $ $ 9 EA $ $ 1 EA $ $ 30 EA $ $ 25 EA $ $ 1 LS $ $ 1 LS $ $ 1. Lighting Systems Electric and etc. 2. Cabinet Installations 3. MoDOT Underground Conductors 4. MS&T Ped Conductors 5. MS&T Roadway Conductors 6. MoDOT Pull Boxes 7. MS&T Pull Boxes 8. MoDOT Pull Boxes 9. MS&T Pull Boxes 10. MoDOT Type AT-30 Assembly 11. Structura Lighting w/ Breakaway 12. Structura Lighting no Breakaway 13. Structura Lighting along Univ. Dr. 14. Structura Pedestrian Lighting 15. Relocated Overhead Signage 16. Mobilization 17. Traffic Control 1 LS $ $ TOTAL BID (Items 1 through 16) $ Date Signature Please Print Name Title Firm Address City, State, Zip Phone FAX E-mail Address ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM NO. ________________ SIGNATURE DATE PRINT NAME INSERT BID BOND Each Bid must be accompanied by a bid bond payable to the owner for five percent (5%) of the total amount of the bid. As soon as the bid prices have been compared, the owner will return the bonds of all except the three lowest responsible bidders. When the agreement is executed the bonds of the two remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment bond and performance bond have been executed and approved, after which it will be returned. Only a bid bond issued by an acceptable surety company will be accepted with each bid. SAMPLE BID BOND BID BOND KNOW ALL PERSONS BY THESE PRESENTS, that we __________________________________ _________________________________________________________________________________________________ as principal and ____________________________________________________________________________________ as surety, are held and firmly bound unto the City of Rolla_______________ in the penal sum of_________________________________________________________ Dollars ($ ) to be paid to the commission to be credited to the state road fund, the principal and surety binding themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this ____________________________________________________ THE CONDITION OF THIS OBLIGATION is such that WHEREAS the principal is submitting herewith a bid to the commission on route(s) _____________ ________________________________________________________________________________________________ in County(ies), project (s) ________________________________________________________________________________________ _________________________________________________________________________________________________ for construction or improvement of state highway as set out in said bid; NOW THEREFORE, if the commission shall accept the bid of the principal and if the principal shall properly execute and deliver to the commission the contract, contract bond, and evidence of insurance coverage in compliance with the requirements of the bid, the specifications, and the provisions of section 227.100 RSMo, to the satisfaction of the commission, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. In the event the said principal shall, in the judgment of the commission, fail to comply with any requirement as set forth in the preceding paragraph, then the state of Missouri, acting by and through the commission, shall immediately and forthwith be entitled to recover the full penal sum above set out, together with court costs, attorney's fees, and any other expense of recovery. The principal and surety hereby certify that the document is the original or a verbatim copy of the bid bond form furnished by the Commission, in accordance with Sec 102.9 of the Missouri Standard Specifications for Highway Construction. _________________________________________ Principal SEAL By__________________________________________ Signature ___________________________________________ Surety SEAL By___________________________________________ Signature of Attorney in Fact NOTE: This bond must be executed by the principal, and by a corporate surety authorized to conduct surety business in the state of Missouri. DBE Submittal Forms (6) DBE Submittal Forms: This form must be submitted by 4 p.m. three (3) business days after bid opening. (A) DBE Contract Goal: By submitting this bid, the bidder certifies that the bidder is familiar with the DBE Program Requirements in this contract. The contract DBE goal for the amount of work to be awarded is 0% of the total federal project price. The bidder shall also complete the DBE Submittal Form in accordance with the program requirements. (B) DBE Participation: The bidder certifies that it will utilize DBE's as follows: 0 % OF TOTAL FEDERAL CONTRACT NOTE: Bidder must fill in the above blank. If no percentage is specified, the bidder certifies that it agrees to, and will comply with the contract goal. If a percentage below the contract goal is specified, then the bidder must submit complete documentation of good faith efforts to meet the DBE contract goal, immediately below. (C) Certification of Good Faith Efforts to Obtain DBE Participation: By submitting its signed bid, the bidder certifies under penalty of perjury and other provisions of law, that the bidder took each of the following steps to try to obtain sufficient DBE participation to achieve the Commission's proposed DBE Contract Goal: (Attach additional sheets if necessary). ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ DBE Submittal Forms Identification of Participating DBEs: The information shown on this page must be completed. If this page is submitted but not signed, it will not be cause for rejection. The apparent low and second low bidder must file this form with the __________________________________ ___________________________________________________by 4:00 p.m. on the third working day after the bid opening. Fax or email transmittal is permitted. The fax number is _________________ and the email address for submittal is___________________. The original copy must be mailed by overnight mail to the Local Public Agency the day of the FAX or email transmittal. Contact External Civil Rights at (573) 751-7801 for questions or assistance in completion. (Note: Submittal of this form is not required if the Contract DBE Goal is 0%) The undersigned submits the following list of DBEs to be used in accomplishing the work of this contract. The work, supplies or services, applicable value and percent of total federal contract each DBE is to perform or furnish is as follows: (A) DBE Name & Address (B) Bid Item numbers (Or Line numbers) (C) $ Value of DBE of Work ** (Unit Price x Quantity of each item in B, or Lump Sum) (D) % Of $ Value Applicable to DBE Goal ** (100%, 60%) (E) $ Amount Applicable to DBE Goal for each item (C x D) (F) % Of Total Contract Amount for each item (E/Total Contract Amount) 1. Total Total Total 2. Total Total Total 3. Total Total Total 4. Total Total Total Total DBE Participation ** Cannot exceed contract amount for given item of work. DBE Submittal (A) DBE Name & Address (B) Bid Item numbers (C) $ Value of DBE of Work ** (Unit Price x Quantity of each item in B, or Lump Sum) (D) % Of $ Value Applicable to DBE Goal ** (100%, 60%) (E) $ Amount Applicable to DBE Goal for each item (C x D) (F) % Of Total Contract Amount for each item (E/Total Contract Amount) Trucking Services Only used if the DBE owns the trucks or is leasing from a DBE firm 100% Trucking Services Trucks are leased from non- DBE source Only Include Fees for Trucking Services Brokered Services Only Include Fees for Brokered Services Totals (Page 1) Totals (Page 2) Totals (additional pages if needed) Total DBE Participation ** Cannot exceed contract amount for given item of work. Company: Date: By: Title: DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM REQUIREMENTS FOR LOCAL PROGRAMS 1.0 Disadvantaged Business Enterprise (DBE) Program Requirements. The subsequent Sections will apply only to contracts involving U.S. Department of Transportation (USDOT) federal-aid or federal financial participation. Federal-aid or federal financial participation includes, but is not limited to, any funds directly or indirectly received by MoDOT, or authorized for distribution to or through MoDOT, by the USDOT or any operating administration within the USDOT. These provisions will not apply to Commission contracts funded exclusively with state funds, or state and local funds. Any contractor, subcontractor, supplier, DBE firm, and contract surety involved in the performance of a federal-aid contract shall be aware of and fully understand the terms and conditions of the USDOT DBE Program, as the terms appear in Title 49 CFR Part 26 (as amended), the USDOT DBE Program regulations; Title 7 CSR Division 10, Chapter 8 (as amended), the Commission’s DBE Program rules. 2.0 DBE Program Distinguished From Other Affirmative Action Programs. The USDOT DBE Program established by the U.S. Congress is not the same as, and does not involve or utilize, any of the elements or authority of other state or local affirmative action programs, nor does the program rely upon state legislation or gubernatorial executive orders for implementation or authorization, other than the general authority given the Commission in Section 226.150, RSMo. The USDOT DBE Program is implemented by the Commission and MoDOT, through and in conjunction with the FHWA, FTA and FAA, as a “recipient” defined in Title 49 CFR 26.5. 3.0 Policy Regarding DBE Firms. It is the policy of the U. S. Department of Transportation and MoDOT that businesses owned by socially and economically disadvantaged individuals have an opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Consequently, the requirements of 49 CFR Part 26 (as amended) and the Commission's implementing state regulations in Title 7 CSR Division 10, Chapter 8, "Disadvantaged Business Enterprise Program", will apply to any contract with federal funds. 4.0 Opportunity for DBEs to Participate. Each contractor, subcontractor and supplier working on a contract financed in whole or in part with federal funds shall take all necessary and reasonable steps to ensure that DBEs have an opportunity to compete for, and participate in performance on project contracts and subcontracts. 5.0 Required Contract Provision. The federal-aid contract will include the following provision, as mandated by USDOT at Title 49 CFR 26.13(b): (a) The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of the contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of the contract, which may result in the termination of the contract or such other remedy, as the recipient deems appropriate. In this provision, “contractor” will be defined as the contractor on the contract; “subrecipient” will be defined as any subcontractor performing the work. For the purposes of any federal-aid contract awarded by the Commission, “the recipient” will be defined as either the Commission, or MoDOT, or both. The contractor shall include this same contract provision in every supply contract or subcontract the contractor makes or executes with a subrecipient. 6.0 Bank Services. The contractor, and each subrecipient on a federal-aid contract, is encouraged to use the services of banks owned and controlled by socially and economically disadvantaged individuals. Such banking services, and the fees charged for services, typically will not be eligible for DBE Program contract goal credit. Any questions on this subject should be directed to the MoDOT External Civil Rights Director. See Sec 7.0. 7.0 DBE Program Information. DBE Program information may be obtained from the MoDOT External Civil RightsDirector, P.O. Box 270, Jefferson City, Missouri 65102-0270. Phone (573) 751-4309, Fax (573) 526- 0558, E-Mail: dbe@modot.mo.gov. It will be the duty of each contractor, for the contractor and for the contractor’s subrecipients and surety, to take the steps necessary to determine the legal obligations and limitations under the DBE Program, as an element of responsibility. It will be the duty of each certified DBE firm to know, understand and comply with the DBE firm’s legal obligations and limitations under the DBE Program, as a requirement of program participation. A surety providing a bid or contract bond will be bound by those bonds to the duties of the surety’s principal. 8.0 DBE Certification, and the Missouri Unified Certification Program. The Missouri Department of Transportation and other certifying agencies within Missouri have partnered to form the Missouri Regional Certification Committee (MRCC) and developed a Unified Certification Program (UCP) pursuant to 49 CFR 26.81 and 7 CSR 10-8.061. Only DBE firms certified by the MRCC are eligible to perform work on a federal- aid contract for DBE contract goal credit. It is the contractor’s responsibility to ensure firms identified for participation are approved certified DBE firms. The MRCC DBE Directory can be found at the following link: http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/DBE_program.htm 9.0 DBE Program-Related Certifications Made By Bidders and Contractors. If the bidder makes a written, express disclaimer of one or more certifications or assurances in the bid, the bid will be considered non- responsive. By submitting a bid on any call involving USDOT federal financial participation, and by entering into any contract on the basis of that bid, the contractor makes each of the following DBE Program-related certifications and assurances to USDOT, to the Commission, and to MoDOT: (a) The bidder certifies that management and bidding officers have reviewed and understand the bidding and project construction and administration obligations of the USDOT DBE Program regulations at Title 49 CFR Part 26 (as amended), the USDOT DBE Program regulations; Title 7 CSR Division 10, Chapter 8 (as amended), and the Commission’s DBE Program rules. The bidder further certifies that the contractors management personnel on the project understand and are familiar with the requirements of these federal and state DBE Program regulations; and if the bidder was not familiar with or did not understand the requirements of these regulations, they have contacted the External Civil Rights Division of MoDOT and have been informed as to their duties and obligations under the DBE Program regulations by MoDOT staff and/or by USDOT DBE Program staff. (b) The bidder certifies that the bidder has complied with the federal and state DBE Program requirements in submitting the bid, and will comply fully with these requirements in performing any federal-aid contract awarded on the basis of that bid. (c) The bidder agrees to ensure that certified DBE firms have a full and fair opportunity to participate in the performance of the contract financed in whole or in part with federal funds. The bidder certifies that all mailto:dbe@modot.mo.gov http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/DBE_program.htm necessary and reasonable steps were taken to ensure that DBE firms have an opportunity to compete for, and perform work on the contract. The bidder further certifies that the bidder not discriminate on the basis of race, color, age, national origin or sex in the performance of the contract, or in the award of any subcontract. (d) The bidder certifies, under penalty of perjury and other applicable penal laws that if awarded the federal-aid contract, the contractor will make a good faith effort to utilize certified DBE firms to perform DBE work at or above the amount or percentage of the dollar value specified in the bidding documents. The bidder further certifies the bidder’s understanding that the bidder may not unilaterally terminate, substitute for, or replace any DBE firm that was designated in the executed contract, in whole or in any part, with another DBE, any non-DBE firm or with the contractor's own forces or those of an affiliate of the contractor, without the prior written consent of MoDOT as set out below. (e) The bidder certifies, under penalty of perjury and other applicable penal laws that a good faith effort was made to obtain DBE participation in the contract, at or above the DBE participation contract goal. The bidder further certifies, under penalty of perjury and other applicable penal laws, that if the bidder is not able to meet the Commission’s DBE contract goal, and if the bidder is not able to meet that DBE contract goal by the time the proposed DBE participation information must be submitted, within three business days after bid opening, the bidder has submitted with and as a part of the bid, a true, accurate, complete and detailed written explanation of good faith efforts to meet the DBE Contract Goal. (f) The bidder understands and agrees that if awarded the contract the contractor is legally responsible to ensure that the contractor and each DBE subcontractor and supplier, comply fully with all regulatory and contractual requirements of the USDOT DBE Program, and that each DBE firm participating in the contract fully perform the designated tasks, with the DBE’s own forces and equipment, under the DBE’s own direct supervision and management. The bidder certifies, under penalty of perjury and other applicable penal laws, that if it awarded the contract and if MoDOT or the Commission determine that the contractor, a DBE or any other firm retained by the contractor has failed to comply with the DBE Program requirements or federal or state DBE Program regulations, the Commission, through MoDOT, shall have the sole authority and discretion to determine the extent of the monetary value to which the DBE contract goals have not been met, and to assess against and withhold monetary damages from the contractor in the full amount of that breach. The Commission, through MoDOT, may impose any other remedies available at law or provided in the contract in the event of a contract breach. The bidder further understands and agrees that this clause authorizes the Commission, through MoDOT, to determine and fix the extent of the damages caused by a breach of any contractual or regulatory DBE Program requirement and that the damage assessment will be enforced in addition to, and not in lieu of, any other general liquidated damages clause in the contract. By submitting a bid for a federal-aid contract, and by entering into a contract, the bidder irrevocably agrees to such an assessment of liquidated damages for DBE Program purposes, and authorizes the Commission and MoDOT to make such an assessment of liquidated damages against the contractor, and to collect that assessment from any sums due the contractor under the contract, or any other contract, or by other legal process. The bidder makes this certification, agreement and authorization on behalf of itself, its subcontractors and suppliers, and the bid bond and contract bond sureties, for each federal-aid contract. (g) The surety upon any bid or contract bond acknowledges the surety is held and firmly bound to the Local Agency for each and every duty of the surety’s principal provided in any bid or contract regarding the DBE program. 10.0 Designation of DBE firms to perform on contract The bidder states and certifies, under penalty of perjury or other applicable penal laws, that the DBE participation information submitted in the bid or within the stated time thereafter is true, correct and complete and that the information provided includes the names of all DBE firms that will participate in the contract, the specific line item (s) that each DBE firm will perform, and the creditable dollar amounts of the participation of each DBE. The specific line item must reference the MoDOT line number and item number contained in the proposal. The bidder further states and certifies that the bidder has committed to use each DBE firm listed for the work shown to meet the DBE contract goal and that each DBE firm listed has clearly confirmed that the DBE firm will participate in and perform the work, with the DBE’s own forces. Award of the contract will be conditioned upon meeting these and other listed requirements of 49 CFR 26.53. (a) The bidder certifies the bidder’s understanding that as the contractor on a contract funded in whole or in part by USDOT federal funds, the bidder may not unilaterally terminate, substitute for, or replace any DBE firm that was designated in the executed contract, in whole or in any part, with another DBE, any non-DBE firm or with the contractor's own forces or those of an affiliate, without the prior written consent of MoDOT. The bidder understands it must receive approval in writing from MoDOT for the termination of a DBE firm, or the substitution or replacement of a DBE before any substitute or replacement firm may begin work on the project in lieu of the DBE firm participation information listed in the executed contract, (1) The bidder further certifies understanding, that if a DBE firm listed in the bid or approved in the executed contract documents ceases to be certified at any time during the performance of the contract work, and a contract or subcontract with that firm has not yet been executed by the prime and subcontractor, the contractor can not count any work performed by that firm after the date of the firm’s loss of eligibility toward meeting the DBE contract goal. However, if the contractor has executed a subcontract with the firm before the DBE lost eligibility and ceased to be a certified DBE, the contractor may continue to receive credit toward the DBE contract goal for that firm's work. (2) The bidder further certifies understanding, that if a DBE subcontractor is terminated, or fails, refuses or is unable to complete the work on the contract for any reason, the contractor must promptly request authority to substitute or replace that firm. The request shall include written documentation that the DBE firm is unwilling or unable to perform the specified contract work. The contractor shall make good faith efforts to find another DBE subcontractor to substitute or replace the dollar amount of the work that was to have been performed by the DBE firm. The good faith efforts shall be directed at finding another DBE to perform the same, or more, dollar amount of work that the DBE firm that was terminated was to have performed under the executed contract. The substitute or replacement DBE firm may be retained to perform the same or different contract work from that which the terminated firm was to have performed. The contractor shall obtain approval from MoDOT in writing before the replacement or termination of one firm with another before the work will count toward the project DBE goal. (3) The bidder further certifies the bidder’s understanding, that the dollar value of any work completed by a DBE firm prior to approval of the DBE’s substitution or replacement, in writing, by MoDOT will not be credited toward meeting the DBE contract goal. The contractor will remain subject to appropriate administrative remedies, including but not limited to, liquidated damages for the full dollar amount that the DBE contract goal is not met. Liquidated damages will also be assessed against the contractor if the original, substitute or replacement DBE firms perform the required contract work, but are not paid in full for some or all of that work by the contractor, including back charges. No credit toward the DBE goal will be given for any amount withheld from payment to the DBE or “back charged” against monies owed to the DBE, regardless of the purpose or asserted debt. 11.0 Good Faith Effort to Secure DBE Services. The bidder shall make a good faith effort to seek DBEs in a reasonable geographic area to where the solicitation for subcontracts and material is made. If the bidder cannot meet the goals using DBEs from that geographic area, the bidder shall, as a part of the effort to meet the goal, expand the search to a wider geographic area. 11.1 Bidding Procedure. The following bidding procedure shall apply to the contract, for DBE program compliance purposes. 11.2 Contract Goal, Good Faith Efforts Specified. The bidder may submit the completed “DBE Identification Submittal” information in the bid documents at the same time as, and within the sealed bid, at the time the bid is submitted. However, if that information is not completed and submitted with the initial sealed bid, then as a matter of responsiveness and responsibility, the apparent low and second low bidder shall file the completed “DBE Identification Submittal” pages to the Local Agency on or before 4:00 p.m. of the third business day after the bid opening date. The Local Agency may permit telefax transmittal. The complete and signed original documents shall be mailed to the Local Agency no later than the day of the telefax transmission. No extension of time will be allowed for any reason. The means of transmittal and the risk of timely receipt of the information shall be the bidder’s. The bidder is responsible to ensure that all submittals are checked for accuracy. Any and all omissions, deletions, and/or errors that may affect the end result of the bid package are the sole liabilities of the bidders. The bid may be found non-responsive if the submittal is not complete and/or accurate. 11.3 Bid Rejection, Bid Security Disposition. The failure of either the apparent low bidder or the second low bidder to file the completed and executed “DBE Identification Submittal”, listing actual, committed DBE participation equal to or greater than the DBE contract goal percentage specified in the bid by 4:00 p.m. on the third business day after the bid opening, will be cause for rejection of that bid, and the bid surety bond or bid guaranty of that bidder will be forfeited to and become the property of the Local Agency upon demand. (a) Any bidder rejected for failure to submit the completed and executed “DBE Identification Submittal” information in the bidding documents, with full documentation of sufficient DBE participation to satisfy the DBE contract goal cannot submit a bid on the same, or substantially similar, project, when and if the project is re-advertised for bids. By submitting a bid on a federal-aid project, the bidder accepts and agrees to this provision, and the disposition of the bidders bid bond or guaranty, on behalf of the bidder and the bidders bid surety or guaranty. (b) The surety separately acknowledges the surety to be held and firmly bound to the Local Agency to immediately upon demand pay the face amount of the bid bond. 11.4 Good Faith Efforts Described. Good faith efforts to meet the DBE contract goal may include, but are not limited to, the following: (a) Attending a pre-bid meeting, if any, scheduled by the department to inform DBEs of contracting and subcontracting opportunities; (b) Advertising in general circulation trade association and socially and economically disadvantaged business directed media concerning subcontracting opportunities. (c) Providing written notice to a reasonable number of specific DBEs so that the DBE’s interest in the contract are solicited in sufficient time to allow the firm to participate effectively; (d) Following-up on initial written notice or solicitations of interest by contacting DBEs to determine with certainty whether the DBEs were interested. (e) Maintaining documentation of responses received in the effort to solicit DBE participation. (f) Selecting portions of work to be performed by DBEs to increase the likelihood of meeting the DBE goal, including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation. (g) Providing interested DBEs adequate information about plans, specifications and requirements of the contract. (h) Negotiating in good faith with interested DBEs, not rejecting DBEs as unqualified without sound business reasons based on a thorough investigation of the DBE’s capabilities. (i) Making efforts to assist interested DBEs in obtaining bonding, lines of credit or insurance required by the Local Agency or by the bidder. (j) Making effective use of available disadvantaged business organizations, minority bidders' groups, local, state and federal disadvantaged business assistance offices, MoDOT and other organizations that provide assistance in the recruitment and placement of DBEs. 11.5 Documentation, and Administrative Reconsideration of the Bidder's Good Faith Efforts. In the bidding documents, the bidder has the opportunity and responsibility to provide certified written documentation as to whether the bidder made a good faith effort to meet the DBE contract goal as proposed by MoDOT. Any bidder that has not met the Commission’s proposed DBE contract goal at the time of bid opening must submit the completed “Certification of Good Faith Efforts to Obtain DBE Participation”. The certification should be included in the bidding documents, fully and in detail, at the time its sealed bid is submitted, however, if that information is not completed and submitted with the initial sealed bid, the bidder must submit the documentation to the Local Agency on or before 4:00 p.m. of the third business day after the bid opening date. The Local Agency may permit telefax transmittal. The complete and signed original documents shall be mailed to the Local Agency no later than the day of the telefax transmission. No extension of time will be allowed for any reason. The means of transmittal and the risk of timely receipt of the information shall be the bidder’s responsibility. The bidder shall attach additional pages to the certification, if necessary, in order to fully detail specific good faith efforts made to obtain certified DBE firm participation in the proposed contract work. If the apparent low bidder appears to have failed to adequately document in the bid that the bidder made a good faith effort to achieve sufficient DBE participation in the contract work, that firm will be offered the opportunity for administrative reconsideration upon written request, before the Local Agency and MoDOT reject that bid as non-responsive. However, regardless of the DBE contract goal participation level proposed by the bidder, or the extent of good faith efforts shown, the apparent low and second low bidders shall each timely and separately file their completed and executed “DBE Identification Submittal” or face potential sanctions and the bid bond or guaranty, as specified in Sec 10.0 of these provisions may become the property of the Local Agency subject to the Local Agency’s demand. 12.0 DBE Participation for Contract Goal Credit. DBE participation on the contract will count toward meeting the DBE contract goal as follows: (a) The applicable percentage of the total dollar value of the contract or subcontract awarded to the DBE will be counted toward meeting the DBE contract goal, only if that firm is certified by the MRCC as a DBE at the time the contract or subcontract is executed, and only for the value of the work, goods or services that are actually performed, or provided, by the DBE firm itself. (b) When a DBE performs work as a participant in a joint venture, the contractor may count toward the DBE goal only that portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the contract work that the DBE has performed with the DBE’s own forces. The MoDOT External Civil Rights Director shall be contacted in advance regarding any joint venture involving both a DBE firm and a non-DBE firm to review and approve the contractor’s organizational structure and proposed operation. When a DBE subcontracts part of the work of the contract to another firm, the value of that subcontracted work may be counted toward the DBE contract goal only if the DBE's subcontractor at a lower tier is a MoDOT certified DBE. Work that a DBE subcontracts to a non-DBE firm will not count toward the DBE contract goal. The cost of supplies and equipment a DBE subcontractor purchases or leases from the prime contractor or the prime’s affiliated firms, or from another non-DBE subcontractor, will not count toward the DBE contract goal. (c) The contractor may count expenditures to a DBE subrecipient toward the DBE contract goal only if the DBE performs a commercially useful function (CUF) on that contract. (d) A contractor may not count the participation of a DBE subcontractor toward the contractor's final compliance with the contractor’s DBE contract goal obligations until the amount being counted has actually been paid to the DBE. A contractor may count 60 percent of the contractor’s expenditures actually paid for material and supplies obtained from a DBE certified by MoDOT as a regular dealer, and 100 percent of such expenditures actually paid for materials and supplies obtained from a certified DBE manufacturer. (1) A regular dealer will be defined as a firm that owns, operates, or maintains a store, warehouse or other establishment in which the material, supplies, articles or equipment required and used under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the DBE firm shall be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions will not be considered regular dealers. (2) A DBE firm may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt, without owning, operating or maintaining a place of business where it keeps such items in stock, if the DBE both owns and operates distribution equipment for the products it sells and provides for the contract work. Any supplementation of a regular dealer's own distribution equipment shall be by a long-term lease agreement, and not on an ad hoc or contract-by-contract basis. (3) If a DBE regular dealer is used for DBE contract goal credit, no additional credit will be given for hauling or delivery to the project site goods or materials sold by that DBE regular dealer. Those delivery costs shall be deemed included in the price charged for the goods or materials by the regular dealer, who shall be responsible for their distribution. (4) A manufacturer will be defined as a firm that operates or maintains a factory or establishment that produces on the premises, the material, supplies, articles or equipment required under the contract and of the general character described by the project specifications. A manufacturer will include firms that produce finished goods or products from raw or unfinished material, or that purchases and substantially alters goods and materials to make them suitable for construction use before reselling them. (e) A contractor may count toward the DBE contract goal the following expenditures to certified DBE firms that are not "regular dealers" or "manufacturers" for DBE program purposes: (1) The contractor may count toward the DBE contract goal the entire amount of fees or commissions charged by a certified DBE firm for providing a bona fide service, such as professional, technical, consultant or managerial services, or for providing bonds or insurance specifically required for the performance of the federal-aid contract, if the fee is reasonable and not excessive, compared with fees customarily charged for similar services. (2) The contractor may count toward the DBE contract goal the entire amount of that portion of the construction contract that is performed by the DBE's own forces and equipment, under the DBE's supervision. This includes the cost of supplies and material ordered and paid for by the DBE for contract work, including supplies purchased or equipment leased by the DBE except supplies and equipment a DBE subcontractor purchases or leases from the prime contractor or its affiliates. (f) A contractor may count toward the DBE contract goal 100 percent of the fees paid to a certified DBE trucker or hauler for delivery of material and supplies required on a job site, but not for the cost of those materials or supplies themselves, or for the removal or relocation of excess material from or at the job site, when the DBE certified trucking company is not also the manufacturer of or a regular dealer in those material and supplies, provided that the trucking or hauling fee is determined by MoDOT to be reasonable as compared with fees customarily charged by non-DBE firms for similar services. The certified DBE trucking firm shall also perform a CUF on the project and not operate merely as a pass through for the purposes of gaining credit toward the contract DBE goal. Prior to submitting a bid, the contractor shall determine, or contact the MoDOT External Civil Rights Director for assistance in determining, whether a DBE trucking firm will meet the criteria for performing a CUF on the project. (g) The contractor will receive DBE contract goal credit for the fees or commissions charged by and paid to a DBE broker who arranges or expedites sales, leases or other project work or service arrangements, provided that those fees are determined by MoDOT to be reasonable and not excessive, as compared with fees customarily charged by non-DBE firms for similar services. A broker will be defined as a person or firm that does not own or operate the delivery equipment necessary to transport materials, supplies or equipment to or from a job site; a broker typically will not purchase or pay for the material, supplies or equipment, and if the broker does purchase or pay for those items, those costs will be reimbursed in full. In most instances, the broker is merely the entity making arrangements for delivery of material, supplies, equipment, or arranging project services. To receive DBE contract goal credit, MoDOT must determine that the DBE broker has performed a CUF in providing the contract work or service. 13.0 Performing a Commercially Useful Function (CUF). No credit toward the DBE contract goal will be allowed for contract payments or expenditures to a DBE firm, if that DBE firm does not perform a CUF on that contract. A DBE performs a CUF when the DBE is solely responsible for execution of a distinct element of the contract work, and the DBE actually performs, manages and supervises the work involved with the firm’s own forces. To perform a CUF, the DBE alone shall be responsible, and alone must bear the risk, for the material and supplies used on the contract, selecting a supplier or dealer from those available, negotiating price, determining quality and quantity, ordering the material and supplies, installing those materials with the DBE’s own forces and equipment and paying for those materials and supplies. The amount the DBE firm is to be paid under the contract shall be commensurate with the work the DBE actually performs and the DBE credit claimed for the DBE’s performance. 13.1 Contractor’s Obligation to Monitor CUF Performance. It shall be solely the contractor's responsibility to ensure that all DBE firms perform a CUF. Further, the contractor is responsible to, and shall ensure that each DBE firm fully performs the DBE’s designated tasks, with the DBE’s own forces and equipment, under the DBE’s own direct supervision and management. MoDOT is under no obligation to warn the contractor that a DBE's participation may not count toward the goal, other than through official notification with an opportunity for administrative reconsideration at the conclusion of the contract work. 13.2 DBEs Must Perform a Useful and Necessary Role in Contract Completion. A DBE does not perform a commercially useful function if the DBE’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. 13.3 DBEs Must Perform The Contract Work With Their Own Workforces. If a DBE does not perform and exercise responsibility for at least 30 percent of the total cost of the DBE’s contract with the DBE’s own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, MoDOT will presume that the DBE is not performing a commercially useful function. 13.4 Factors Used to Determine if a DBE Trucking Firm is Performing a CUF. The following factors will be used to determine whether a DBE trucking company is performing a commercially useful function (CUF): (a) To perform a CUF, the DBE trucking firm shall be completely responsible for the management and supervision of the entire trucking operation that the DBE is being paid for on the contract work. There shall not be contrived arrangement, including but not limited to, any arrangement that would not customarily exist under regular construction project subcontracting practices for the purpose of meeting the DBE contract goal. (b) The DBE must own and operate at least one fully licensed, insured and operational truck used in performance of the contract work. This does not include a supervisor’s pickup truck or a similar vehicle that is not suitable for hauling the necessary materials or supplies. (c) The DBE receives 100 percent contract goal credit for the total reasonable amount the DBE is paid for the transportation services provided on the contract using trucks the DBE owns, insures and operates, using drivers that the DBE employs. (d) The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE firm that leases trucks from another DBE will receive credit for the total fair market value actually paid for of the transportation services the lessee DBE firm provides on the contract. (e) The DBE may also lease trucks from a non-DBE firm, including an owner-operator. However, the DBE who leases trucks from a non-DBE is entitled to DBE contract goal credit only for the brokerage fee or commission the DBE receives as a result of the lease arrangement. The DBE will not receive credit for the total value of the transportation services provided by the non-DBE lessee. Furthermore, no DBE contract goal credit will be allowed, even for brokerage fees or commissions, where the DBE leases the trucks from the contractor on the project or a firm owned, controlled by, or affiliated by ownership or control to, the contractor. (f) For purposes of this section, the lease shall indicate that the DBE firm leasing the truck has exclusive use of and control over the truck. This will not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, provided the lease gives the DBE absolute priority for and control over the use of the leased truck. Leased trucks shall display the name and identification number of the DBE firm that has leased the truck at all times during the life of that lease. 13.5 MoDOT Makes Final Determination On Whether a CUF Is Performed. MoDOT and the Commission will have the final authority to determine whether a DBE firm has performed a CUF on a federal- aid contract. To determine whether a DBE is performing or has performed a CUF, MoDOT will evaluate the amount of work subcontracted by that DBE firm or performed by other firms, and the other firms forces and equipment. Any DBE work performed by the contractor, or by employees or equipment of the contractor will be subject to disallowance under the DBE Program, unless the independent validity and need is demonstrated. 14.0 Use of Joint Checks Request for joint checks must be made to MoDOT by the contractor. Prior approval must be given before the use of joint checks is allowed. Contact External Civil Rights Division at 573-751-4309 or dbe@modot.mo.gov to request a Joint Check Request Form. 15.0 Verification of DBE Participation, Liquidated Damages. 15.1 Prior to final payment by the Local Agency, the contractor shall file with the Local Agency a detailed list showing each DBE used on the contract work, and the work performed by each DBE. The list shall show the actual dollar amount paid to each DBE for the creditable work on the contract, less any rebates, kickbacks, deductions, withholdings or other repayments made. The list shall be certified under penalty of perjury, or other law, to be accurate and complete. MoDOT and the Commission will use this certification and other information available to determine if the contractor and the contractor’s DBEs satisfied the DBE contract goal percentage specified in the contract and the extent to which the DBEs were fully paid for that work. The contractor shall acknowledge, by the act of filing the detailed list, that the information is supplied to obtain payment regarding a federal participation contract. 15.2 Failure on the part of the contractor to achieve the DBE participation to which the contractor committed in the contract may result in liquidated damages being imposed on the contractor by the Commission for breach of contract and for non-compliance. If the contract was awarded with less than the original DBE contract goal proposed by the Commission, the revised lower amount shall become the final DBE contract goal, and that goal will be used to determine any liquidated damages to be assessed. Additionally, the Commission or MoDOT may impose any other administrative sanctions or remedies available at law or provided by the contract in the event of breach by the contractor by failing to satisfy the contractor’s DBE contract goal commitment. However, no liquidated damages will be assessed, and no other administrative sanctions or remedies will be imposed when, for reasons beyond the control of the contractor and despite the good faith efforts made by the contractor, the final DBE contract goal participation percentage was not achieved. The contractor will be offered the opportunity for administrative reconsideration of any assessment of liquidated damages, upon written request. The administrative reconsideration officer may consider all facts presented, including the legitimacy or business reason for back charges assessed against a DBE firm, in determining the final amount of liquidated damages. mailto:dbe@modot.mo.gov 16.0 Prompt Payment Requirements. In accordance with Title 49 CFR 26.29, the contractor shall comply with the prompt payment requirements of that regulation, Section 34.057, RSMo., the provisions of the Commission’s rule 7 CSR 10-8.111 and the contract. By bidding on a federal-aid contract, and by accepting and executing that contract, the contractor agrees to assume these contractual obligations, and to bind the contractor’s subrecipients contractually to those prompt payment requirements at the contractor’s expense. 17.0 Miscellaneous DBE Program Requirements. In accordance with Title 49 CFR Part 26 and the Commission’s DBE Program rules in Title 7 CSR Division 10, Chapter 8, the contractor, for both the contractor and for the contractor’s subcontractors and suppliers, whether DBE firms or not, shall commit to comply fully with the auditing, record keeping, confidentiality, cooperation and anti-intimidation or retaliation provisions contained in those federal and state DBE Program regulations. By bidding on a federal-aid contract, and by accepting and executing that contract, the contractor agrees to assume these contractual obligations, and to bind the contractor’s subrecipients contractually, at the contractor’s expense. TABLE OF CONTENTS FOR General Conditions Contract Documents ................................................................................................................47 1.1 Definition ..............................................................................................................47 1.1.1 The Contract Documents ....................................................................................47 1.1.2 The Contract.........................................................................................................47 1.1.3 The Work ..............................................................................................................47 1.1.4 The Project ...........................................................................................................47 1.2 Execution, Correlation and Intent......................................................................47 1.3 Ownership and Use of Documents......................................................................48 Public Works Director .............................................................................................................49 2.1 Definition ..............................................................................................................49 2.2 Administration of the Contract ..........................................................................49 City ................................................................................................................................53 3.1 Definition ..............................................................................................................53 3.2 Information and Services Required of the Owner ............................................53 3.3 City’s Right to Stop the Work ............................................................................53 3.4 City’s Right to Carry Out the Work ..................................................................54 Contractor ................................................................................................................................55 4.1 Definition ..............................................................................................................55 4.2 Review of Contract Documents ..........................................................................55 4.3 Supervision and Construction Procedures ........................................................55 4.4 Before Final Payment-Required Final Forms Complete .................................55 4.5 Labor and Materials ............................................................................................56 4.6 Not Used .................................................................................................................... 4.7 Taxes......................................................................................................................56 4.8 Permits, Fees and Notices ....................................................................................56 4.9 Allowances ............................................................................................................57 4.10 Superintendent .....................................................................................................57 4.11 Progress Schedule ................................................................................................57 4.12 Documents and Samples at the Site ....................................................................58 4.13 Shop Drawings, Product Data and Samples ......................................................58 4.14 Use of Site..............................................................................................................59 4.15 Cutting and Patching of Work............................................................................59 4.16 Cleaning up ...........................................................................................................59 4.17 Communications ..................................................................................................59 4.18 Royalties and Patents ...........................................................................................59 4.19 Indemnification ....................................................................................................60 Subcontractors .........................................................................................................................61 5.1 Definition ..............................................................................................................61 5.2 Award of Subcontractors and other Contracts for Portions of the Work......61 5.3 Subcontractual Relations ....................................................................................62 5.4 Second-tier Subcontracting Statement ..............................................................62 Work by City or by Separate Contractors ............................................................................63 6.1 City’s Right to Perform Work and to Award Separate Contracts .................63 6.2 Mutual Responsibility ..........................................................................................63 6.3 City’s Right to Clean up ......................................................................................64 Miscellaneous Provisions ........................................................................................................65 7.1 Governing Law .....................................................................................................65 7.2 Successors and Assigns ........................................................................................65 7.3 Written Notice ......................................................................................................65 7.4 Claims for Damage ..............................................................................................65 7.5 Performance Bond and Labor and Material Payment Bond...........................65 7.6 Rights and Remedies............................................................................................65 7.7 Tests .......................................................................................................................66 7.8 Interest ..................................................................................................................66 7.9 Arbitration ............................................................................................................66 7.10 Buy America .........................................................................................................67 Time ................................................................................................................................69 8.1 Definitions .............................................................................................................69 8.2 Progress and Completion ....................................................................................69 8.3 Delays and Extensions of Time ...........................................................................69 Payments and Completion ......................................................................................................71 9.1 Contract Sum .......................................................................................................71 9.2 Schedule of Values ..............................................................................................71 9.3 Applications for Payment ....................................................................................71 9.4 Certificates for Payment ......................................................................................72 9.5 Progress Payments ...............................................................................................72 9.6 Payments Withheld ..............................................................................................73 9.7 Failure of Payment ..............................................................................................74 9.8 Substantial Completion .......................................................................................74 9.9 Final Completion and Final Payment ................................................................75 Protection of Persons and Property .......................................................................................77 10.1 Safety Precautions and Programs ......................................................................77 10.2 Safety of Persons and Property ..........................................................................77 10.3 Emergencies ..........................................................................................................78 10.4 Occupational Safety and Health Administration (OSH) ..................................78 10.5 Missouri Revised Statutes-Overhead Line Safety Act ......................................79 Insurance ................................................................................................................................83 11.1 Contractor's Liability Insurance ........................................................................83 11.2 City’s Liability Insurance....................................................................................83 11.3 Contractor’s Builders’ Risk Insurance ..............................................................84 Changes in the Work ...............................................................................................................85 12.1 Change Orders .....................................................................................................85 12.2 Concealed Conditions ..........................................................................................86 12.3 Claims for Additional Cost .................................................................................86 12.4 Minor Changes in the Work ...............................................................................87 Uncovering and Correction of Work .....................................................................................89 13.1 Uncovering of Work ............................................................................................89 13.2 Correction of Work..............................................................................................89 13.3 Acceptance of Defective or Non-conforming Work ..........................................90 Termination of the Contract ..................................................................................................91 14.1 Termination by the Contractor ..........................................................................91 14.2 Termination by the City ......................................................................................91 Supplemental General Conditions .........................................................................................93 15.1 Certificate of Owner’s Attorney ........................................................................93 15.2 Conflict of Interest ...............................................................................................93 15.3 Copeland “Anti-Kick-Back Act” ........................................................................93 15.4 Clean Air Act ........................................................................................................94 Special Conditions ....................................................................................................................95 1.1 Insurance ..............................................................................................................95 1.2 Workers’ Compensation Insurance ...................................................................95 1.3 Public Liability and Property Damage Insurance ............................................95 2.1 2018 Missouri Standard Specifications for Highway Construction ................96 3.1 Time for Completion............................................................................................96 4.1 Liquidated Damages ............................................................................................97 5.1 Special Wage Determination ...............................................................................97 6.1 Nondiscrimination in Employment ....................................................................97 7.1 Payments ...............................................................................................................98 8.1 Barricades .............................................................................................................98 9.1 Location and Grade .............................................................................................99 10.1 Hold Harmless Agreement ..................................................................................99 11.1 Final Acceptance ..................................................................................................99 12.1 Affidavit Compliance with the Prevailing Wage Law ....................................100 13.1 Contractor's Affidavit Regarding Settlement of Claims ................................100 ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEFINITION 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the City of Rolla-Contractor Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, and all Addenda issued prior to and all Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a written interpretation issued by the Public Works Director pursuant to Subparagraph 2.2.8, or (4) a written order for a minor change in the Work issued by the Public Works Director pursuant to Paragraph 12.4. The Contract Documents do not include Bidding Documents such as the Advertisement or Invitation to Bid, the Instructions to Bidders, sample forms, the Contractor's Bid or portions of Addenda relating to any of these, or any other documents, unless specifically enumerated in the City of Rolla-Contractor Agreement. 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification as defined in Subparagraph 1.1.1. 1.1.3 THE WORK The Work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. 1.1.4 THE PROJECT The Project is the total construction of the Work performed under the Contract. Documents may be the whole or a part. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed in not less than triplicate by the City of Rolla and Contractor. If either the City or the Contractor or both do not sign the Conditions of the Contract, Drawings, Specifications, or any of the other Contract Documents, the Public Works Director shall identify such Documents. 1.2.2 By executing the contract documents the Contractor represents that he has visited the site, familiarized himself with the local conditions under which the work is to be performed, and correlated his observations with the requirements of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4 The organization of the Specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.3 OWNERSHIP AND USE OF DOCUMENTS 1.3.1 All Drawings, Specifications and copies thereof furnished by the Public Works Director are and shall remain the property of the City. They are to be used with respect to this Project and are not to be used on any other project. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the City's common law copyright or other reserved rights. ARTICLE 2 PUBLIC WORKS DIRECTOR 2.1 DEFINITION 2.1.1 The Public Works Director is the person lawfully licensed to practice engineering, or an entity lawfully practicing Engineering identified as such in the City of Rolla-Contractor Agreement, and is refer