SL District, County of St. Charles, Gateway Green Light (GGL) MO Route 94 Traffic Signal Modification

LEGAL NOTICE INVITATION FOR FORMAL BID IFB 21-077 For CMAQ 5414 (635) GGL MO ROUTE 94 TRAFFIC SIGNAL MODIFICATIONS For ST. CHARLES COUNTY GOVERNMENT ST. CHARLES, MISSOURI St. Charles County is seeking bids for Gateway Green Light (GGL) MO Route 94 Traffic Signal Modifications. The County reserves the right to terminate the contract for reasons of violations by the successful proposer of any term or condition of the contract by giving thirty (30) days written notice stating the reasons therefore and giving the party ample time to remedy the deficiencies. The County hereby notifies all bidders that it will affirmatively ensure 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 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 2 of 159 ______________________________________ Roads & Traffic Name of Company or Individual BID INSTRUCTIONS The outside of the envelope containing one [1] signed original and one [1] digitized copy of the bid must be received in a sealed envelope, and designated in the lower left corner of the envelope with: Sealed bid for: BIDDER’S Name: BIDDER’S address: Date and Time of bid opening: IFB 21-077 Gateway Green Light (GGL) MO Route 94 Traffic Signal Modifications BIDDER’S Name BIDDER’S address September 8, 2021 at 2:00 PM An authorized representative of the company/person submitting the statement of qualification must sign it in blue ink. Bid must be submitted to the St. Charles County Finance Department, 201 North Second Street, Room 541, St. Charles, MO 63301 prior to 09/08/2021 at 2:00 PM. The bids will thereafter be publicly opened and read aloud in Room 116. Due to the Coronavirus, all St Charles County bids will be received and opened on the first floor of the St Charles County Administrative Building, 201 North Second Street, Room 116, St. Charles, Missouri 63301. Sealed Bids for IFB 21-077 Gateway Green Light (GGL) MO Route 94 Traffic Signal Modifications will be received until 2:00 PM (prevailing Central Time) on Wednesday, September 8, 2021. The bid will be opened publicly at 2:00 PM in Room 116. It is highly recommended that you mail or have your bid delivered via UPS, FedEx, courier, etc., with plenty of time to arrive prior to the day of the bid opening. If you are delivering your bid the day of the opening and intend to stay. If your bid is dropped off prior to the opening there will be someone in the lobby to receive it. St. Charles County reserves the right to accept and/or reject any and all proposals. Bid results may be obtained by going to our St Charles County Government website @ http://www.sccmo.org/Bids.aspx click on “show Closed/Awarded/Cancelled bids”, select bid and click on “related documents”. No phone calls please. The time it takes for final bid results to be made public depends on the complexity of the project and the cost of the project. http://www.sccmo.org/Bids.aspx 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 3 of 159 ______________________________________ Roads & Traffic Name of Company or Individual INQUIRIES Any questions or clarifications concerning this Request for Bid must be submitted in writing to: Kurt Mandernach, Purchasing Manager St. Charles County Government - Finance Department 201 North Second Street, Suite 541 St. Charles, Missouri 63301 kmandernach@sccmo.org For questions or inquiries concerning the specifications please contact: Jake Becher St. Charles County Government – Roads & Traffic 201 N. Second St, Suite 560 St. Charles, MO 63301 (636) 949-7900 ext. 7230 Fax: (636) 949-7900 ext. 8950 JBecher@sccmo.org  The bid number and title shall be referenced on all correspondence.  All questions must be received no later than 5:00 PM on 08/25/2021.  Any question received after this deadline may not be answered. Responses to questions/clarifications will be placed on the County’s website http://www.sccmo.org/Bids.aspx. Check this website frequently for updates and any addendum that are issued. Prohibited Communication Contact with any representative, other than through the procedure outlined in the section titled “Inquiries”, concerning this request is prohibited PRIOR TO PROPOSAL DUE DATE. Representative shall include, but not be limited to, all elected and appointed officials, and employees of St. Charles County and their Agents within St. Charles County. Any Offeror engaging in such prohibited communications prior to proposal due date may be disqualified at the sole discretion of St. Charles County. mailto:kmandernach@sccmo.org mailto:roadsandtraffic@sccmo.org http://www.sccmo.org/Bids.aspx 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 4 of 159 ______________________________________ Roads & Traffic Name of Company or Individual TABLE OF CONTENTS Terms and Conditions ........................................................................................................... 5 Notice to Contractors ......................................................................................................... 12 Bid Form ............................................................................................................................ 26 DBE Submittal Forms ........................................................................................................ 31 Contract Agreement ........................................................................................................... 47 Payment / Performance Bond ............................................................................................ 55 General Requirements ....................................................................................................... 59 Job Special Provisions ....................................................................................................... 75 MoDOT Special Provisions .............................................................................................. 103 MoDOT Permits ............................................................................................................... 122 FHWA Form 1273 ............................................................................................................ 132 State Wage Rates ............................................................................................................ 145 Federal Wage Rates ........................................................................................................ 146 Environmental & Cultural Permits and Clearances .......................................................... 147 Public Interest Findings ................................................................................................... 156 Attachments ..................................................................................................................... 160 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 5 of 159 ______________________________________ Roads & Traffic Name of Company or Individual TERMS AND CONDITIONS 1. Sealed Bids will be received until 2:00 (Two o’clock) P.M., September 8, 2021 by: St. Charles County Finance Department 201 North Second Street, Suite 541 St. Charles, Missouri 63301 Any bids received after the time and date specified above shall not be considered. The outside of the envelope containing one [1] signed original and one [1] digitized copy of the bid must be received in a sealed envelope, and designated in the lower left corner of the envelope with: Sealed bid for: IFB 21-077 Gateway Green Light (GGL) MO Route 94 Traffic Signal Modifications BIDDER’S Name BIDDER’S Name BIDDER’S address BIDDER’S address Date and Time of bid opening: September 8, 2021 at 2:00 PM If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope, addressed as specified in the bid form. All bids will be publicly opened and read aloud in 201 North Second Street Room 116 at 2:00 P.M. 2. A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 3. No additions, deletions, corrections, or adjustments will be accepted after submissions are opened. 4. All requests for clarifications on these bidding documents must be received in writing no later than 5:00 PM on 08/25/2021. 5. Interpretations or Correction of Bidding Documents It is the responsibility of each BIDDER before submitting a Bid to: a. BIDDERs shall promptly notify the COUNTY of any ambiguity, inconsistency or error, which they may discover upon examination of the Bidding Documents or of the site and local conditions. b. BIDDERs may request clarification or interpretation of the Bidding Documents by making a written request, which shall reach the COUNTY at least seven (7) days prior to the date for receipt of Bids. c. Any interpretation, correction or change of the Bidding Documents will be made by Addendum. Interpretations, corrections or changes of the Bidding Documents made in any other manner will not be binding, and BIDDERS shall not rely upon such interpretations, corrections and changes. d. If the COUNTY determines that clarification of the terms and conditions of the Bidding Documents is necessary, an Addendum will be made available to all 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 6 of 159 ______________________________________ Roads & Traffic Name of Company or Individual BIDDERS setting forth such clarification. 6. A pre-bid meeting will be held on Thursday, August 26, 2021 at 1:00 pm at 201 North Second Street, 5th Floor Training Room (542), St. Charles, Missouri 63301. 7. Required Submittal Forms By Bidder a. These Contract Documents include a complete set of bidding and contract forms which are for the convenience of BIDDERs and are not to be detached from the contract documents, filled out, or executed. Separate copies of bidding forms are furnished for that purpose. All bids must be submitted on the forms provided. The following documents are to be completed by CONTRACTOR and turned in as their Bid. 1. Bid Form 2. List of Resources and References 3. Audit Clause for Contracts 4. 5% Bid Security b. Within three (3) days of the Bid Opening, the two (2) lowest BIDDERS shall each furnish: 1. List of Proposed Subcontractors and Suppliers. 2. Disadvantaged Business Enterprise Contract Provisions DBE Forms 1 of 3 through DBE Forms 3 of 3. 8. The COUNTY intends to issue the Notice to Proceed on or about October 4, 2021. 9. The electronic version of this Bid and the plans and specifications are available by download from the St Charles County website at www.sccmo.org. The document was entered into WORD for Microsoft Windows. The Purchasing Office does not guarantee the completeness and accuracy of any information provided on the electronic version. Therefore, respondents are cautioned that the hard copy of this Bid on file in the Purchasing Office governs in the event of a discrepancy between the information contained in or on the electronic version and that which is on the hard copy. 10. The County of St. Charles hereby notifies all BIDDERS that it will affirmatively ensure 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. 11. Each bid must be accompanied by a cashier's check or certified check, or a Bid Bond executed by the BIDDER and an approved surety company and payable to the COUNTY, in an amount not less than five percent (5%) of the sum total of the base bid. http://www.sccmo.org/ 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 7 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 12. A Performance Bond and Payment and Materials Bond are required. 13. An authorized officer of the company submitting the response must sign all copies, in blue ink. 14. Bidders must submit two [2] signed copy of their bid, one is to be an original and so marked and one [1] digitized copy. 15. St. Charles County reserves the right to accept and/or reject any and all proposals. 16. This project will be awarded to the lowest, responsive, responsible bidder. 17. This project is exempt from all Missouri sales and use tax per Missouri State regulations. Inasmuch as all Missouri sales tax will be exempt, CONTRACTORS shall not include any sales tax in their proposal. Compliance with these tax savings procedures is compulsory and for the benefit of the COUNTY. A copy of the procedure to be followed to obtain this exemption will be furnished to the successful BIDDER. BIDDERS shall include in their proposals any other sales or use taxes which they are required by law to pay. 18. 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: https://www.fhwa.dot.gov/construction/cqit/buyam.cfm 19. Prices for services should not be included in submitted responses. 20. Bid Quantities a. It is understood by the undersigned that the quantities given in the following itemized proposal are not guaranteed by the COUNTY and are used solely for the purpose of comparing bids and awarding the Contract and may or may not represent the actual quantities encountered on the job. b. BIDDER shall complete the schedule of unit prices included in the Bid Form. The total Bid will be determined as the sum of the products of the estimated quantity of each item and the unit price bid for the item. c. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. d. The adjustment unit prices provided for in the Bid Form shall apply only in the https://www.fhwa.dot.gov/construction/cqit/buyam.cfm 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 8 of 159 ______________________________________ Roads & Traffic Name of Company or Individual event of a Change Order providing for such increase or decrease in the quantities. The Contract Price will be subject to adjustment according to final measured, used, or delivered quantities, and the adjustment unit prices in the Bid will apply to such final quantities. 21. All labor used in the construction of this public improvement shall be paid a wage no less than the prevailing hourly rate of wages of work of a similar character in this locality as established by the Department of Labor and Industrial Relations (Federal Wage Rate), or state wage rate, whichever is higher. 22. Missouri Annual Wage Order 28 as amended May 13, 2021 shall be in effect for this project. 23. 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. 24. The DBE goal for this letting is a minimum 12% (twelve percent) of the total contract amount. 25. All BIDDERs must meet the MoDOT requirements as a CONTRACTOR at least seven days prior to bid opening. 26. All BIDDERs must possess the necessary and appropriate business and/or professional licenses in their field. 27. St. Charles County will not award any proposal to an individual or business having any outstanding amounts due from a prior Contract or business relationship with the County or who owes any amount(s) for delinquent Federal, State or Local taxes, fees and licenses. 28. The successful BIDDER is specifically denied the right of using in any form or medium the names of St. Charles County or any other public agency of St. Charles County Government for public advertising unless express written permission is granted. 29. Insurance Errors and Omissions (Professional Liability): With limits of not less than $1.0 million per claim/$2.0 million aggregate covering all services provided by the Contract. Coverage to be written on a claims-made basis. Commercial General Liability (CGL): $1,000,000/$3,000,000 including Products/Completed Operations. CGL coverage shall cover all liability arising from premises, operations, independent contractor and personal injury and liability assumed under an insured contract. Automobile Liability: covering liability arising out of the use of any owned, hired, leased or non-owned vehicle in an amount of no less than $1,000,000 per occurrence. ABrauer Highlight 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 9 of 159 ______________________________________ Roads & Traffic Name of Company or Individual Workers Compensation/Employer’s Liability: Statutory WC limits as required by the Statutes of the State of Missouri, (or a qualified self-insurer) and Employers Liability in an amount of no less than $1.0 million. Excess Umbrella: liability with a limit of no less than $1,000,000 in excess of the above policies. a. All insurance to be written through a company duly authorized to do business in the State of Missouri with an A.M. Best Rating of A-IX or higher. b. The Professional Liability, CGL, Automobile and Umbrella policies shall be endorsed to include the County as an additional insured and provide for 30 days advance written notice of any material change. c. A Waiver of Subrogation in favor of the County shall be endorsed on each of the policies. d. The required insurance provided by the “Firm” shall be primary insurance with respect to any other insurance or self-insurance programs maintained by the County. e. A Certificate of Insurance evidencing the above coverage(s) together with a copy of the required endorsements shall be provided to the County prior to the commencement of any work. 30. Nondiscrimination and DBE Goal a. The undersigned, as BIDDER, understands that in any project involving participation of County funds, the BIDDER awarded the Contract will be required to comply, and to cause his subcontractors, if any, to comply with all County and State statutes, regulations, and directives against discriminations against any person in connection with the Contract, on account of race, color, religion, creed, sex, age, ancestry, or national origin, and that such nondiscrimination extended to procurement of materials and lease of equipment for use in connection with the Contract. b. The undersigned, as BIDDER, understands that the BIDDER awarded the Contract will be required to comply with the Executive Order of the Governor of the State of Missouri dated September 10, 1973. This order stipulates that there shall be no discriminatory employment practices by the CONTRACTOR or his subcontractors, if any, based on race, color, religion, creed, national origin, sex, or age. The undersigned CONTRACTOR or his subcontractors, if any, shall give written notice of their commitments under this clause to any labor union with which they have bargaining or other agreements. c. DBE Goals for this letting are the utilization of DBE firms listed in the MoDOT DBE directory. Maximum DBE utilization is deemed to have been met when any subcontracting or supplies equal a minimum of 12% of the total contract amount. If the BIDDER does not meet the established goal, award of contract can be made only if this BIDDER can document and demonstrate good faith effort to meet the goals. The good faith effort will be reviewed and approved by MoDOT. DBE’s must be listed on the MoDOT approved listing at the time of the contract letting. All DBE utilization shall be in accordance with the rules and regulations as contained in 49 CFR Part 26. 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 10 of 159 ______________________________________ Roads & Traffic Name of Company or Individual d. DBE Forms 1 of 3 through DBE Forms 3 of 3 must be received by 4 P.M. three (3) business days after bid opening from the lowest and 2nd lowest BIDDERs. Failure to submit the required DBE Forms within three days shall be grounds to disqualify the CONTRACTOR and allow the County to take the CONTRACTOR’s bid bond as damages for failure of the CONTRACTOR to enter into contract. 31. Employment of Unauthorized Aliens Prohibited (Missouri Revised Statutes Section 285.530) a. As a condition for the award of any contract or grant in excess of five thousand dollars by St. Charles County to a business entity (Firm), the business entity shall, by sworn affidavit and provision of documentation**, affirm its enrollment and participation in a federal work authorization program (E-Verify) with respect to the employees working in connection with the contracted services. Every such business entity shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. [RSMO 285.530 (2)] b. An employer may enroll and participate in a federal work authorization program (E-Verify) and shall verify the employment eligibility of every employee in the employer’s hire whose employment commences after the employer enrolls in a federal work authorization program. The employer shall retain a copy of the dated verification report received from the federal government. Any business entity that participates in such program shall have an affirmative defense that such business entity has not violated subsection 1 of this section. [RSMO 285.530 (4)] c. Any entity contracting with St. Charles County shall only be required to provide the referenced affidavit on an annual basis. A copy of the affidavit in included in this Qualification request. Firms may choose to send the required documentation using one of the following options:  Send the notarized affidavit and E-Verify MOU signature page to: St. Charles County, Attn: Purchasing Manager, 201 N Second Street, Room 541, St. Charles, MO 63301 prior to responding to any solicitations; OR  Send the notarized affidavit and E-Verify MOU signature page along with a Qualification solicitation response. These documents will be kept on file. The notarized affidavit and E-Verify MOU signature page will remain current for one year from the date of the notarized affidavit. **PLEASE NOTE: ** Acceptable enrollment and participation documentation consists of a valid copy of the signature page of the E-Verify Memorandum of Understanding, completed and signed by the Firm, and the Department of Homeland Security - Verification Division The online address to enroll in the E-verify program is: https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 11 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 32. Veteran Friendly Employment Policy Indicate whether you have developed a veteran friendly employment policy and, if so, attach a copy of such policy to your response as a point of information. "YES" our company has a veteran friendly employment policy. Please include a copy of your veteran friendly employment policy with your submission. "NO" our company does not have a veteran friendly employment policy. 33. Open Records Any and all information contained in or submitted with the bidl becomes a public record subject to the Missouri Sunshine Law when the bids are opened. If the bidder believes that any information contained in or submitted with the bid is protected from disclosure by the Missouri Sunshine Law, the bidder must clearly identify what information the bidder believes is so protected and must also clearly identify the legal basis therefor. 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 12 of 159 ______________________________________ Roads & Traffic Name of Company or Individual NOTICE TO CONTRACTORS Sealed bids, addressed to St. Charles County, Missouri, 201 N. Second Street, St. Charles, Missouri 63301 for the proposed work will be received by St. Charles County until 2:00 p.m. (prevailing local time) on September 8, 2021 at the office of St. Charles County, 201 N. Second Street, St. Charles, Missouri 63301. Due to the Coronavirus, all St Charles County bids will be received and opened on the first floor of the St Charles County Administrative Building, 201 North Second Street, Room 116, St. Charles, Missouri 63301. Sealed Bids for IFB 21-077 Gateway Green Light (GGL) MO Route 94 Traffic Signal Modifications will be received until 2:00 P.M. (prevailing Central Time) on Wednesday, September 8, 2021. The bid will be opened publicly at 2:00 PM in Room 116. It is highly recommended that you mail or have your bid delivered via UPS, FedEx, courier, etc., with plenty of time to arrive prior to the day of the bid opening. If your bid is dropped off prior to the opening there will be someone in the lobby to receive it. Bids should be delivered to: St. Charles County Finance Department 201 N. Second Street, Suite 541 St. Charles, Missouri 63301. 1. Proposed Work The proposed work, hereinafter called the work, includes: Intersection Improvements and Traffic Signal Modifications at the intersections of: MO 94 & PRALLE LANE; MO 94 & FRIEDENS ROAD/ZUMBEHL ROAD; MO 94 & SHERMAN DRIVE; MO 94 & I-70 RAMPS. 2. Definitions The following terms used at any place in the contract documents shall be construed thus: BIDDER: The individual or entity who submits a bid directly to the OWNER. CONSULTING ENGINEER: The design firm of George L. Crawford & Associates d/b/a CBB and their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. CONTRACTOR: The individual, partnership, or corporation, which shall enter into the Agreement to perform the work, outlined in the contract documents with the OWNER. DAY(S): Calendar days, unless otherwise defined. DBE: Disadvantaged Business Enterprise ENGINEER/ COUNTY ENGINEER: The County Roads and Traffic Manager, County of St. Charles, Missouri or her duly authorized representative. MHTC: Missouri Highway Transportation Commission MoDOT / STATE: Missouri Department of Transportation. OWNER/COUNTY / LOCAL AGENCY: St. Charles County, Missouri SUB-BIDDER or SUBCONTRACTOR: A person or entity that submits a Bid to a BIDDER for materials or labor for a portion of the Work. 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 13 of 159 ______________________________________ Roads & Traffic Name of Company or Individual SUCCESSFUL BIDDER: The lowest qualified, responsible, and responsive BIDDER to whom OWNER (on the basis of OWNER'S evaluation as herein provided) makes an award. SURETY: Surety shall be a corporate surety company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the County of St. Charles. A rating in the "A" category from Best's or from Standard and Poor's shall constitute recognized standing. The Surety shall attach a certified and current copy of its authority to do insurance business from the State of Missouri. 3. Trainees No trainee hours will be required under this contract. 4. 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 Missouri Highways and Transportation Commission's "Missouri Standard Specifications for Highway Construction," and "Missouri Standard Plans for Highway Construction", 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 Plans to Missouri Std. Plans For Highway Construction (Latest Edition) 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, “St. Charles County, Missouri”, and the term “Engineer” is a reference to the County Roads and Traffic Manager. 5. Specifications, Contract, And Bond The specifications, contract, and bond governing the construction of the work contemplated are those known and designated as the “Missouri Standard Specifications for Highway Construction, current edition”, together with the “General Requirements, and Job Special Provisions”, attached to this proposal. http://www.modot.mo.gov/ 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 14 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 6. Plans The plans herein referred to are drawings entitled: “IFB 21-077 Gateway Green Light (GGL) MO Route 94 Traffic Signal Modifications,” bid set dated June 21, 2021. 7. Execution of Contract The BIDDER to whom the Contract has been awarded shall sign four (4) copies of the County-Contractors Agreement, and return them along with properly executed Performance, Payment and Materials bonds, and all certificates of insurance as set forth in the “General Requirements" within ten (10) days after receipt of the Notice of Intent to Award from the COUNTY. Failure to return the required items above to the COUNTY within ten (10) days after receipt of the Notice of Intent to Award shall be cause for the annulment of the Contract award and the forfeiture of the bid security to the COUNTY. 8. Condition of Work Each BIDDER must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful BIDDER of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. Insofar as possible the CONTRACTOR in carrying out his work must employ such methods or means as will not cause any interruption of or interference with the work of any other CONTRACTOR. 9. Examination of Bidding Documents and Site Before submitting a bid, BIDDER shall: a. Examine and carefully study the Bidding Documents, including any Addenda and other related data identified in the Bidding Documents; b. Visit the Site and become familiar with and satisfy BIDDER as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; c. Become familiar with and satisfy BIDDER as to all Federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; d. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site; e. Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by BIDDER, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents and safety precautions and programs incident thereto; Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 15 of 159 ______________________________________ Roads & Traffic Name of Company or Individual at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; f. Become aware of the general nature of the Work to be performed by OWNER or others at the Site that relates to the Work indicated in the Bidding Documents; g. Correlate the information known to BIDDER, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; h. Promptly give OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that BIDDER discovers in the Bidding Documents and confirm that the written resolution thereof by OWNER or CONSULTING ENGINEER is acceptable to BIDDER; and i. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 10. Substitute and “Or-Equal” Items a. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Application for review of substitute or "or-equal" materials or equipment will not be considered by ENGINEER until after the Effective Date of the County-Contractors Agreement. b. The materials, products, systems and equipment described in the Bidding Documents establish a minimum standard of required function, dimension, appearance and quality, which must be met by any proposed substitution. c. No substitution of the materials, products, systems and equipment described in the Bidding Documents will be considered prior to receipt of Bids unless written request for approval has been received by the COUNTY at least seven (7) days prior to the date for receipt of Bids. Each such request shall include the name of the material, product, system or equipment for which substitution will be made and a complete description of the proposed substitute including drawings, costs, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, products, systems, equipment, or other Work that incorporation of the substitute would require shall be included in each such request. The COUNTY, at its sole discretion, may approve or disapprove the proposed substitute. d. If the COUNTY approves any proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. BIDDERS shall not rely upon approvals made in any other manner. e. No substitutions will be considered after the Contract is awarded unless specifically provided in the Contract Documents. 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 16 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 11. Addenda a. No interpretation of the meaning of the plans, specifications, or other pre-bid documents will be made to any BIDDER orally. Every request for such interpretation should be in writing addressed to: Jake Becher 201 N. Second St, Suite 560 St. Charles, MO 63301 (636) 949-7900 ext. 7230 JBecher@sccmo.org and to be given consideration must be received at least seven (7) days prior to the date fixed for the opening of bids. All addenda shall be posted to the County website. b. Any and all such interpretations to the specifications which, if issued, will be faxed, delivered by courier, or mailed by certified mail with return receipt requested to all prospective BIDDERS (at the respective addresses furnished for such purposes), not later than four (4) days prior to the date fixed for the opening of bids. Failure of any BIDDER to receive any such addendum or interpretation shall not relieve such BIDDER from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract documents. 12. Power of Attorney Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 13. Laws and Regulations The BIDDER’S attention is directed to the fact that all applicable federal and state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written in full. 14. Notice To Bidders of Third-Party Concurrence In Award (DSP-98-19a) a. Bidders are advised that COUNTY is party to a contract with Federal Highway Administration (FHWA) and Missouri Department of Transportation (MoDOT) which provides that FHWA/MoDOT shall provide substantial funds for construction of Job No. CMAQ 5414(635) by reason of which FHWA/MoDOT has the right to concur or not concur in COUNTY’s award of a contract for this job. b. Bidders acknowledge that their bids are made with knowledge of and subject to the condition of FHWA/MoDOT concurrence in and prior authorization of any award of a contract for this job by COUNTY. c. Bidders agree that they shall be stopped, both in law and equity, to assert any right to award of a contract for this job by COUNTY should FHWA/MoDOT not concur in that award for any reason. mailto:roadsandtraffic@sccmo.org 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 17 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 15. Award of Contract a. Since this project has federal funds the OWNER must obtain MoDOT/FHWA concurrence/approval prior to awarding or rejecting any bid. b. OWNER reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any BIDDER whom it finds, after reasonable inquiry and evaluation, to be non- responsive. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work. c. More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any BIDDER has an interest in more than one Bid for the Work may be cause for disqualification of that BIDDER and the rejection of all Bids in which that BIDDER has an interest. d. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and with such alternatives, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. e. OWNER reserves the right to cancel the contract without penalty if MoDOT and/or FHWA do not concur with the award. f. St. Charles County will not award any bid to an individual or business having any outstanding amounts due from a prior Contract or business relationship with the County or who owes any amount(s) for delinquent taxes, fees or licenses. 16. Available Land The lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and other lands designated for use by CONTRACTOR in performing the Work are identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise specified in. 17. 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: 180 18. 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: 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 18 of 159 ______________________________________ Roads & Traffic Name of Company or Individual Liquidated damages per day $700.00 19. Bid Guaranty The bidder shall submit a Bid Guaranty meeting the requirements of Section 102 of the Missouri Standard Specifications for Highway Construction. The 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 20. 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. 21. Subcontractor Disclosure Requirements contained within Sec 102.7.8 of the Missouri Standard Specification for Highway Construction shall be waived for this contract. 22. 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. 23. Materials Inspection 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 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 19 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 24. 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. 25. 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. 26. Preparation of Bid Form a. Each bid must be submitted on the prescribed Bid Form. All blank spaces for bid prices must be filled-in with indelible ink or typewritten. The “Total” must be completed in both words and figures on the Bid Form. b. Signature of BIDDER based on type of business shall be as follows: A Bid by a Corporation shall be executed in the corporate name by the president or the vice-president or by another corporate officer, accompanied by evidence of authority to sign for the corporation. The corporate seal shall be imprinted with the signature of bidder. A Bid by a Partnership shall be executed in the partnership name and signed by a partner, accompanied by evidence of authority to sign. A Bid by a Limited Liability Company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm shall be shown below the signature. A Bid by an Individual shall show the BIDDER's full name. A Bid by a Joint Venture shall be executed by each joint venture in the manner indicated on the Bid Form. c. The names of all persons signing shall be legibly printed below their signatures. A Bid by a person who affixes to its signature the word "president", "secretary", "agent", or other designation without disclosing its principal may be held to be the Bid of the individual signing. When requested by OWNER, evidence of the authority of the person signing shall be furnished. d. The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers and dates of which shall be filled in on the Bid Form. e. No alterations in a Bid by erasures, interpolations, or otherwise, will be acceptable unless each such alteration is signed or initialed by BIDDER; if initialed, OWNER may require BIDDER to identify any alteration so initialed. 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 20 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 27. 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 venture (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. 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 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. 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 21 of 159 ______________________________________ Roads & Traffic Name of Company or Individual Exception Sheet If the item(s) and/or services proposed in the response to this Request for Qualifications is in any way different from that contained in this Request for Qualifications, the Firm is responsible to clearly identify all such differences in the space provided below. Otherwise, it will be assumed that the Firm’s offer is in total compliance with all aspects of the proposal or Qualification. Below are the exceptions or differences to the stated specifications (attach additional sheets as needed): Date: Signature: Title: Company: 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 22 of 159 ______________________________________ Roads & Traffic Name of Company or Individual THIS FORM MUST BE COMPLETED AND ENCLOSED WITH THE BID Audit Clause for Contracts Examination of Records The Contractor's records must include, but not be limited to, accounting records (hard copy, as well as computer readable data), written policies and procedures, subcontractor files, indirect cost records, overhead allocation records, correspondence, instructions, drawings, receipts, vouchers, memoranda, and any other data relating to this contract shall be open to inspection and subject to audit and/or reproduction by the County Auditor, or a duly authorized representative from the County, at the County's expense. The contractor must preserve all such records for a period of three years, unless permission to destroy them is granted by the County, or for such longer period as may be required by law, after the final payment. Since the Contractor is not subject to the Missouri Sunshine Law (Chapter 610, RSMo), information regarding the Contractor's operations, obtained during audits, will be kept confidential. The Contractor will require all subcontractors under this contract to comply with the provisions of this article by including the requirements listed above in written contracts with the subcontractors. Vendor Information Company Name: Business Address: Business Hours: Phone: Fax: Email address: Contact Person: Authorized Signature: (Indicates acceptance of all bid terms and conditions) Date: 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 23 of 159 ______________________________________ Roads & Traffic Name of Company or Individual AFFIDAVIT OF WORK AUTHORIZATION The bidder/contractor who meets the section 285.525, RSMo definition of a business entity must complete and return the following Affidavit of Work Authorization. Comes now (Name of Business Entity Authorized Representative) as (Position/Title) first being duly sworn on my oath, affirm (Business Entity Name) is enrolled and will continue to participate in the E-Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the County for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also affirm that (Business Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services provided to the contract(s) for the duration of the contract(s), if awarded. In Affirmation thereof, the facts stated above are true and correct. (The undersigned understands that false statements made in this filing are subject to the penalties provided under section 575.040, RSMo.) Authorized Representative’s Signature Printed Name Title Date Email Address Subscribed and sworn to before me this day of , 20____. I am commissioned as a notary public within the County of , State of , and my commission expires on Notary public signature 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 24 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 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, "Prequalification’s to Bid of Certain Contractors". Questionnaire and Contact information are provided on MoDOT’s website.  2. For submittal of paper bids, the complete set of bidding documents includes all information through the DBE form (for DBE forms see #8). 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 St. Charles County Highway Department.  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 the provided bid bond executed by bidder and surety or attach cashier's check to the bid bond form.  7. Submit the Subcontractor Disclosure Form within 3 business days of the Bid Opening.  8. Submit the DBE Identification Submittal within 3 business days of the Bid Opening.  9. 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. ⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧⬧ 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) Using a different bid bond form than the one provided, or 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 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 25 of 159 ______________________________________ Roads & Traffic Name of Company or Individual All project specific questions concerning the bid can be directed to: Jake Becher 201 N. Second St, Suite 560 St. Charles, MO 63301 (636)949-7900 ext. 7230 JBecher@sccmo.org Special Needs: If you have special needs addressed by the Americans with Disabilities Act, please notify St Charles County as noted below, at least five (5) working days prior to the bid opening. Kurt Mandernach, Purchasing Manager St. Charles County Government - Finance Department 201 North Second Street, Suite 541 St. Charles, Missouri 63301 Fax: (636)949-7589 purchasing@sccmo.org mailto:roadsandtraffic@sccmo.org mailto:rhooker@sccmo.org 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 26 of 159 ______________________________________ Roads & Traffic Name of Company or Individual BID FORM 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. 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 27 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 28 of 159 ______________________________________ Roads & Traffic Name of Company or Individual BID BOND KNOW ALL PERSONS BY THESE PRESENTS, that we as principal and as surety, are held and firmly bound unto the county of St Charles Missouri (acting by and through the St Charles County Roads and Traffic) in the penal sum of Dollars ($ ) to be paid to the County to be credited to the county 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 St Charles County on in St Charles County, for project (s) for construction or improvement of county roadway as set out in said bid; NOW THEREFORE, if the County shall accept the bid of the principal and if the principal shall properly execute and deliver to the County 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 County, 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 County, fail to comply with any requirement as set forth in the preceding paragraph, then St Charles County, acting by and through the Highway Department, 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 County, in accordance with Sec 102.9 of the St Charles County Standard Specifications for Arterial 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. 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 29 of 159 ______________________________________ Roads & Traffic Name of Company or Individual Subcontractor Disclosure Form: The bidder shall submit with this bid any subcontracts that meet the requirements of Sec 102. List below the name of each subcontractor that will be furnishing labor or labor and materials, the category of work that the subcontractor will be performing (e.g. asphalt, concrete, earthwork, bridges…) and the dollar value of the subcontract. Enter “NONE” if there are no subcontractors that need to be disclosed. If the information is not available at the time of bid the bidder shall submit the “Subcontractor Disclosure Form” pages with the Contracting Authority on or before 4:00 p.m. of the third business day after the bid opening date, directly to St. Charles County, 201 N. Second Street, St. Charles, Missouri 63301. Telefax transmittal to the Contracting Authority will be permitted at fax no. 636-949-7307. The complete signed original documents do not need to be mailed to the Contracting Authority, but the bidder shall have it available if requested by the Contracting Authority. (ATTACH ADDITIONAL SHEETS IF NEEDED.) SUBCONTRACTOR NAME DOLLAR VALUE OF SUBCONTRACT CATEGORY OF WORK Company Date By (Signature) Title By (Please Print name of person signing) 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 30 of 159 ______________________________________ Roads & Traffic Name of Company or Individual SUBCONTRACTOR CERTIFICATION REGARDING AFFIRMATIVE ACTION Project: _________________________ Job No. _________________________ Route: _________________________ County: _________________________ Certification Regarding Affirmative Action and Equal Opportunity: The bidder (prospective prime contractor) or proposed subcontractor certifies: 1. Affirmative Action Program: That it has developed and has on file at each of its establishments affirmative action programs pursuant to 41 CFR Part 60-2. 2. Equal Opportunity Clause: That it has participated in a previous contract or subcontract subject to the equal opportunity clause set forth in 41 CFR Part 69-1.4 and executive order no. 11246. 3. Compliance Reports: That it has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs and his designate, or the Equal Employment Opportunity Commission, all reports due under the applicable filing requirements contained in 41 CFR Part 60-1. If the text of the certification above is incorrect, the bidder or subcontractor making the certification shall correct it below: __________________________________________________________________________ __________________________________________________________________________ ____________________________________________________________________ NOTE: This certification applies to and must be executed by each bidder (prospective prime contractor) or proposed subcontractor if its proposed contract or subcontract on this project will equal or exceed $10,000 or that contractor or subcontractor has contracts or subcontracts on federally assisted projects in any 12-month period which have or can reasonably be expected to have, an aggregate total value exceeding $10,000 41 CFR Part 60-1.5(a)(1). It is a duty and contract obligation of the prime contractor to ensure that each of its subcontractors, which meet this criterion, executes and submits to the commission this certification also. Company: By:_ Date: Title: 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 31 of 159 ______________________________________ Roads & Traffic Name of Company or Individual DBE SUBMITTAL FORMS 1. 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 « 12 »% 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: % 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). 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 32 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 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 St Charles County Transportation Department by 4:00 p.m. on the third working day after the bid opening. Fax or email transmittal is permitted. The fax number is 636-949-7307 and the email address for submittal is jbecher@sccmo.org. 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. mailto:jbecher@sccmo.org 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 33 of 159 ______________________________________ Roads & Traffic Name of Company or Individual DBE Submittal (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) 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: 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 34 of 159 ______________________________________ Roads & Traffic Name of Company or Individual DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM REQUIREMENTS FOR LOCAL PROGRAMS 1. 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. 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. 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. 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. 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 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 35 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 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. 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 Administrator. See Sec 7. 7. DBE Program Information. DBE Program information may be obtained from the MoDOT External Civil Rights Administrator, P.O. Box 270, Jefferson City, Missouri 65102-0270. Phone (573) 526-2978, 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. 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/D BE_program.htm 9. 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 mailto:dbe@modot.mo.gov.I http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/D http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/D 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 36 of 159 ______________________________________ Roads & Traffic Name of Company or Individual understand the requirements of these regulations, they have contacted the External Civil Rights Unit 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 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 does 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 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 37 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 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. 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 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 38 of 159 ______________________________________ Roads & Traffic Name of Company or Individual subcontract with that firm has not yet been executed by the prime and subcontractor, the contractor cannot 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 that it is 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. 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. 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 39 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 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 bidders. 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 guarantee 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 guarantee, on behalf of the bidder and the bidders bid surety or guarantee. 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 is solicited in sufficient time to allow the firm to participate effectively; 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 40 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 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 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 41 of 159 ______________________________________ Roads & Traffic Name of Company or Individual potential sanctions and the bid bond or guarantee, as specified in Sec 10 of these provisions may become the property of the Local Agency subject to the Local Agency’s demand. 12. 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 MoDOT 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 Administrator 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 21-077 GGL MO Route 94 Traffic Signal Modifications Proposal Response from (please complete) Page 42 of 159 ______________________________________ Roads & Traffic Name of Company or Individual 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 sh