SLC-3-90 INSTRUCTIONS TO BIDDERS

Transcription

1 BID DOCUMENTS

2 SLC-3-90 INSTRUCTIONS TO BIDDERS The following list of standard contractual documents and instructions must be read and such documents executed by the bidder prior to submission of his bid. Failure to completely execute each one of these contract documents may result in a rejection of the bid. 1. Anti-Collusion Statement (also requires notarization) 2. Affidavit of Compliance with Section (7) SLCRO 3. Contractor and Subcontractor Certification Regarding Affirmative Action 4. Bidder s Acknowledgement of NPDES Land Disturbance Permit Requirements 5. Bid, Paragraph 11 (supervision of work) 6. Bid, Paragraph 12 (Contact Information) 7. Bidder s Statement of Qualifications 8. Signature and Identity of Bidder 9. Bid Bond 10. Bidder's Acknowledgement (also requires notarization) 11. Bidder's Statement on Signal Equipment and Materials 12. Work Authorization Affidavit for Business Entities Pursuant To R.S.Mo. (requires notarization). Attach documentation of enrollment/participation in a federal work authorization program. Refer to Instructions in the Special Provisions 13. Affidavit of Compliance with Section R.S.Mo. (requires notarization) 14A. DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT PROVISIONS 14B. DBE SUBMITTAL FORMS This Form must be submitted by 4:00 PM three (3) business days after bid opening. 15. Addendum Acknowledgement The State of Missouri Notary Law requires: "On every notary certificate, a notary public shall indicate clearly and legibly by means of rubber stamp, typewriting or printing, so that it is capable of photographic reproduction: 1. his/her name exactly as it appears on his commission; 2. the words 'Notary Public', 'State of Missouri', and 'My commission expires... (commission expiration date)'; 3. the name of the county within which he/she is commissioned." Failure of the bidders to fully comply with the above Notary Law requirement may cause the bid to be considered nonresponsive or incomplete and be rejected. The bidder should notify the bonding agent of these notary requirements.

3 ANTI-COLLUSION STATEMENT Project Name: Musick Avenue at Gravois Road Improvements County Project No.: CR-1544 STATE OF MISSOURI COUNTY OF ST. LOUIS }, (Name of Person Signing) being first duly sworn, deposes and says that he is the (Title of Person Signing) of, (Name of Bidder) that all statements made and facts set out in the proposal for the above project are true and correct; and that the bidder (the person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid or any contract which may result from its acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. By By By Sworn to before me this day of, 20. My commission expires: (Notary Public) Stamp, type or print: Notary Public's Name Notary Public State of County of Notary Public Commission Expires on

4 AFFIDAVIT OF COMPLIANCE WITH SECTION (7) SLCRO Project Name: St. Louis County Project No.: County of ) ) State of ) I,, of (Name) (Title), am authorized to make this affidavit, and (Company Name) by doing so, I attest that the Company, which is a ( ) sole proprietorship ( ) partnership ( ) joint venture ( ) limited liability company ( ) corporation, incorporated under laws of State of, is in compliance with the following representations: 1. Said Company has not been barred from bidding on any federal or state projects within the last year; 2. Said Company has not had any business, trade or contracting license suspended or revoked within the last year; 3. Said Company has and enforces a drug-testing policy for all employees in the field; 4. Said Company participates in or maintains its own Department of Labor-approved apprentice program for each craft which the Company employs, and has active, registered apprentices for each program; 5. All on-site employees on the project will be employees, and there will be no use of independent contractors or leased employees for on-site work; 6. All employees will be licensed with the appropriate licensing authority; 7. Prevailing wages will be paid to all employees; 8. All employees and employee supervisors will be OSHA-certified in compliance with current OSHA safety requirements prior to working on the project; 9. All employees will be ten-hour OSHA certified; 10. All employee supervisors will be thirty-hour OSHA certified; and

5 11. Said Company will comply with all applicable laws, ordinances, rules and regulations governing the conduct of business in St. Louis County and the State of Missouri. The terms used in this affidavit shall have the meaning set forth in Section SLCRO. I, the Affiant, acknowledge that I am signing this affidavit as a free act and deed of the aforementioned business entity and not under duress. Affiant Signature Subscribed and sworn to before me, a notary public, in,, this day of, 20. County State My commission expires: Notary Public

6 CONTRACTOR AND SUBCONTRACTOR CERTIFICATION REGARDING AFFIRMATIVE ACTION Project Name: Musick Avenue at Gravois Road Improvements County Project No.: CR-1544 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 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 and executive order no 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 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, CFR Part (a)(1). It is a duty and contract obligation of the prime contractor to insure that each of its subcontractors, which meet this criterion, executes and submits to the commission this certification also. Company By: Date: Title

7 BIDDER'S ACKNOWLEDGEMENT OF NPDES LAND DISTURBANCE PERMIT REQUIREMENTS Project Name: Musick Avenue at Gravois Road Improvements County Project No.: CR-1544 STATE OF MISSOURI COUNTY OF ST. LOUIS }, (Name of Person Signing) being first duly sworn, deposes and says that he is the (Title of Person Signing), (Name of Bidder) I, as a bidder, hereby certify that I fully acknowledge and understand the Contractor's responsibility relative to the NPDES Land Disturbance Permit Requirements, Permit No. MO- R The construction site supervisor and employees will be trained to adhere to these requirements and all the other terms and provisions of the Storm Water Pollution Prevention Plan. Bidder By: Name Title Sworn to before me this day of, 20. My commission expires: Stamp, type or print: Notary Public's Name Notary Public State of County of Notary Public Commission Expires on (Notary Public)

8 BID Project Name: Musick Avenue at Gravois Road Improvements County Project No.: CR-1544 TO: St. Louis County, acting by and through the St. Louis County Council, Clayton, Missouri 1. DESCRIPTION. For constructing (or improving) the project designated above, consisting of grading, excavating, enclosed storm sewer drainage, sanitary sewers, water service adjustments, concrete pavement, temporary bituminous concrete pavement, guardrail, curb and gutter, sidewalks including ADA curb ramps and truncated domes; removal and replacement of traffic signal equipment; sodding within St. Louis County and other incidental items necessary to complete the above in a workmanlike manner. 2. SPECIFICATIONS, CONTRACT AND BOND. The specifications, contract and bond governing the construction of the work contemplated are those known and designated as the St. Louis County Department of Transportation Standard Specifications for Road and Bridge Construction, approved by the St. Louis County Council, together with the "Special Provisions, Job and General," if any, attached to this bid. 3. PLANS. The plans herein referred to are plans approved by the Director and marked with the project and section numbers set out above, together with all standard or special designs that may be designated in such plans. 4. MISCELLANEOUS. The undersigned, as bidder, declares that the only persons or parties interested in this bid as principal are those named herein; that this bid is made without collusion or combination of any kind or character with any other person, firm, association or corporation, or any member or officer thereof; that he has carefully examined the location of the proposed work, the plans, Standard Specifications, and special provisions heretofore mentioned, and the form of contract and contract bond; that he proposes, and agrees, if this bid is accepted, to execute the contract and bond and secure execution of the bond by satisfactory surety and to provide all necessary machinery, tools, apparatus and other means of construction, and will do all the work and furnish all the materials specified in the contract in the manner and time therein prescribed, and in accordance with the requirements of the Director as therein set forth; and that he will accept in full payment therefore the amount or amounts certified by the Director in accordance with the bid, specifications and contract. 5. NONDISCRIMINATION. The undersigned, as bidder, understands that in any project involving participation of federal funds, the bidder awarded the contract will be required to comply, and to cause his subcontractors, if any, to comply, with all federal statutes, regulations and directives concerning discrimination against any person in connection with the contract, on account of race, color, sex, religion, creed, age, ancestry or national origin, and that such nondiscrimination extends to procurement of materials and lease of equipment for use in connection with the contract. 6. QUANTITIES. It is understood by the undersigned that the quantities given in the following itemized bid 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; and that the sum of the products of the quantities listed in the following itemized bid, multiplied by the unit price bid, shall constitute the gross sum bid.

9 7. ITEMIZED BID. The undersigned submits the following itemized bid and hereby authorizes the Director to correct any multiplication of "Unit Price" by "Quantity" as shown under "Amount" when copying the itemized bid sheet(s) into any contract. 8. TIME FOR COMPLETION. If this bid is accepted the undersigned hereby agrees that work will begin no later than the authorization date in the Notice to Proceed, anticipated to be April 16, 2018, and will be diligently prosecuted at such rate and in such manner as, in the judgment of the Director, is necessary for the completion of the work within the time specified as follows: Working Days: LIQUIDATED DAMAGES. The undersigned further agrees that, should he fail to complete the work on the date, or in the time specified, or such additional time as may be allowed by the Director under the contract, the amount of liquidated damages to be recovered, in accordance with the requirements of Section of the Standard Specifications, shall survive as follows: Liquidated Damages Per Day: $1,100 Failure to begin temporary striping within the time specified: Liquidated Damages Per Hour: $ BID GUARANTEE. The undersigned submits and attaches to this bid a bid guarantee meeting the following requirements: Each Bid shall be accompanied by a certified check or cashier s check equal to five (5) percent of the total bid, payable to Treasurer, St. Louis County, to the use of the County, or a bidders bond, in like sum, executed by a surety company authorized to so business in the State of Missouri, as a guarantee on the part of the bidder that if its bid be accepted, it will, within ten (10) days after receipt of notice of such acceptance, enter into a contract and bond to do the work advertised; and, in case of default, forfeit such bid guaranty. The provisions of Section shall also apply to this bid guaranty. Bid guarantees will be returned as per Section 103.3, Standard Specifications. 11. SUPERVISION OF WORK. The undersigned intends to have the following person(s) supervise the work: 12. CONTACT INFORMATION. The undersigned designates the following person(s) as the point of contact for questions regarding this bid proposal and contract execution. Contact Name: Contact Address:

10 Phone Number: Fax Number: Contact Mailing Address:

11 BIDDER S STATEMENT OF QUALIFICATIONS NOTICE: THIS FORM MUST BE FULLY COMPLETED AND SUBMITTED WITH YOUR BID. (Where necessary, provide attachments for additional information.) 1.01 Company Name Corporation Partnership Individual 1.02 Number of years in business. If not under present firm name, list previous firm names and types of organization All Contracts on hand (complete the following schedule). Project & Address Owner Owner s Representative Amount of Your Contract Percent Completed (Add additional sheets, if required) 1.04 General character of work performed on the above (item 1.03) contracts.

12 1.05 The following are the more important projects completed in the last five (5) years on a type similar to that now being bid, including approximate cost. Project & Address Owner Owner s Representative Amount of Your Contract (Add additional sheets, if required) 1.06 Construction capabilities: General Electrical Plumbing Heating, Air Conditioning and Ventilation Other Other 1.07 Percent of work to be self-performed %. Number of permanent employees. Geographical limits of operation 1.08 There has been no default in any contract, completed or uncompleted, except as noted below: A. Number of contracts on which default was made B. Description of defaulted contracts and reasons therefor 1.09 Within the last three (3) years: A. Has any office or partner of your organization been an officer or partner of another organization when it failed to complete a contract? NO YES (If answer is Yes, attach a separate sheet giving details.) 1.10 Have you participated in any contract subject to any equal opportunity clause similar to that described in this contract? A. Have you filed all required compliance reports? 1.11 Is fifty percent or more of your company owned by a minority?

13 Yes No A. Is fifty percent or more of your company owned by a woman? Yes No 1.12 Have any administrative or legal proceedings been started against you alleging violation of any wage and hour regulating or laws? Yes No (if Yes, give details) 1.13 List banking references: 1.14 Do you have a current confidential financial statement on file with the County? Yes No No I desire to file such statement with this bid, sealed in a separate envelope and appropriately designated. Upon request I will within three (3) days file a detailed confidential financial statement. Dated at this day of, 20. Name of Organization by: Title of Person Signing

14 SIGNATURE AND IDENTITY OF BIDDER The undersigned states that the correct LEGAL NAME and ADDRESS of (1) the individual bidder, (2) each partner or joint venturer (whether individuals or corporations, and whether doing business under a fictitious name), or (3) the corporation (with the state in which it is incorporated) are shown below; that (if not signing with the intention of binding himself to become the responsible and sole contractor) he is the agent of, and duly authorized in writing to sign for the bidder or bidders; and that he is signing and executing this (as indicated in the spaces below) as the bid of a ( ) sole individual ( ) partnership ( ) joint venture ( ) limited liability company ( ) corporation, incorporated under laws of State of Dated: Names of individuals, all partners, or joint venturers: Address of each: Doing business under the name of: Address of principal place of business in Missouri: (If using a fictitious name, show this name above in addition to legal names.) (If a corporation, show its name above.) ATTEST: By Secretary (Name) (Title) (SEAL)

15 (NOTE: If the bidder is doing business under a FICTITIOUS NAME, the bid shall be executed in the legal name of the individual, partners, joint venturers, or corporation, with the legal address shown, and REGISTRATION OF FICTITIOUS NAME filed with the Secretary of State, as required by Sections to , R.S. Mo. If the bidder is a CORPORATION NOT ORGANIZED UNDER THE LAWS OF MISSOURI, it should procure a CERTIFICATE OF AUTHORITY TO DO BUSINESS IN MISSOURI, as required by Section and following, R.S. Mo. A CERTIFIED COPY of such Registration of Fictitious Name or Certificate of Authority to do Business in Missouri shall be filed with the Administrative Director of the St. Louis County Council, as required by the Standard Specifications, Sec and )

16 BID BOND Project Name: Musick Avenue at Gravois Road Improvements County Project No.: CR-1544 KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto St. Louis County, Missouri, in the penal sum of an amount equal to 5% of the total bid in lawful money of the United States to be paid to St. Louis County, 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. Louis County on County Project No. CR-1544, for Grading, excavating, enclosed storm sewer drainage, sanitary sewers, water service adjustments, concrete pavement, temporary bituminous concrete pavement, guardrail, curb and gutter, sidewalks including ADA curb ramps and truncated domes; removal and replacement of traffic signal equipment; sodding within St. Louis County and other incidental items necessary to complete the above in a workmanlike manner, as set out in said bid. NOW THEREFORE, if St. Louis County shall accept the bid of the Principal and if the Principal shall properly execute and deliver to St. Louis County the contract, contract bond, and evidence of insurance coverage in compliance with the requirements of the bid, the specifications for the project, and St. Louis County Revised Ordinances, 1974, as amended, and other applicable law, all to the satisfaction of St. Louis County, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. In the event the Principal shall, in the judgment of the Director of the St. Louis County Department of Transportation, fail to comply with any requirement as set forth in this bond, then St. Louis County shall immediately and forthwith be entitled to recover the full penal sum set out above, together with court costs, attorney's fees, and any other expense of recovery. (Seal) By Principal (Seal) By Surety NOTE: This bond must be executed by the Principal and by a Corporate Surety authorized to conduct surety business in the State of Missouri.

17 BIDDER'S ACKNOWLEDGEMENT (Complete and fill out all parts applicable, and strike out all parts not applicable.) STATE OF MISSOURI COUNTY OF ST. LOUIS } On this day of, 20, before me appeared, Name to me personally known, who, being by me first duly sworn, did say that he executed the foregoing bid with full knowledge and understanding of all its terms and provisions and of the plans and specifications; that the correct legal name and address of the bidder (including those of all partners or joint venturers) is fully and correctly set out above; that all statements made therein by or for the bidder are true; and (if a sole individual) acknowledged that he executed the same as his free act and deed. (if a partnership or joint venture) acknowledged that he executed the same, with written authority from, and as the free act and deed of, all said partners or joint venturers. (if a corporation) that he is the President or Other Agent of ; that the above bid was signed Company and sealed in behalf of said corporation by authority of its Board of Directors; and he acknowledged said bid to be the free act and deed of said corporation. Witness my hand and seal at, the day and year first above written. (SEAL) Notary Public My commission expires, 20. Stamp, type or print: Notary Public's Name Notary Public State of County of Notary Public Commission Expires on

18 BIDDER'S STATEMENT ON SIGNAL EQUIPMENT AND MATERIALS TO BE FURNISHED Project Name: Musick Avenue at Gravois Road Improvements County Project No.: CR-1544 Specify time required for delivery of all traffic signal equipment to be furnished: Calendar days after date of award by County Council and after concurrence by Federal Highway Administration (if applicable) List the major manufacturers of the traffic signal equipment to be furnished: Bidder By: Name Title Date

19 ANNUAL WORKER ELIGIBILITY VERIFICATION AFFIDAVIT (for joint ventures, a separate affidavit is required for each business entity) Project Name: Musick Avenue at Gravois Road Improvements County Project No.: CR-1544 STATE OF COUNTY OF } On the day of, 20, before me appeared, Affiant name personally known to me or proved to me on the basis of satisfactory evidence to be a person whose name is subscribed to this affidavit, who being by me duly sworn, stated as follows: I, the Affiant, am of sound mind, capable of making this affidavit, and personally certify the facts herein stated, as required by Section , RSMo, to enter into any contract agreement with St. Louis County to perform any job, task, employment, labor, personal services, or any other activity for which compensation is provided, expected, or due, including but not limited to all activities conducted by business entities. I, the Affiant, am the of, and I am duly title business name authorized, directed, and/or empowered to act officially and properly on behalf of this business entity. I, the Affiant, hereby affirm and warrant that the aforementioned business entity is enrolled in a federal work authorization program operated by the United States Department of Homeland Security, and the aforementioned business entity shall participate in said program to verify the employment eligibility of newly hired employees working in connection with any services contracted by St. Louis County. I have attached documentation to this affidavit to evidence enrollment/participation by the aforementioned business entity in a federal work authorization program, as required by Section , RSMo. I, the Affiant, also hereby affirm and warrant that the aforementioned business entity does not and shall not knowingly employ, in connection with any services contracted by St. Louis County, any alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3). I, the Affiant, am aware and recognize that, unless certain contract and affidavit conditions are satisfied pursuant to Section , RSMo, the aforementioned business entity may be held liable under Sections though , RSMo, for subcontractors that knowingly employ or continue to employ any unauthorized alien to work within the state of Missouri. I, the Affiant, acknowledge that I am signing this affidavit as a free act and deed of the aforementioned business entity and not under duress. Affiant Signature Subscribed and sworn to before me in,, the day and year first above-written. city or county state My commission expires: Notary Public (Attach documentation of enrollment/participation in a federal work authorization program. Refer to Instructions in the Special Provisions.)

20 AFFIDAVIT OF COMPLIANCE WITH SECTION R.S.Mo. Project Name: Musick Avenue at Gravois Road Improvements County Project No.: CR-1544 County of State of Before me, the undersigned Notary Public, in and for the County of, State of, personally appeared who is of, a ( ) sole proprietorship ( ) partnership ( ) joint venture ( ) limited liability company ( ) corporation, incorporated under laws of State of, and is authorized to make this affidavit, and being duly sworn upon oath deposes and says as follows: 1. That said company has verified the completion of a 10-hour construction safety program with respect to the employees working in connection with the contracted services. The terms used in this affidavit shall have the meaning set forth in Sections R.S.Mo., et seq. IN WITNESS WHEREOF, the party hereto hereunto sets his hand and seal this day of, 20. (SEAL) By: Subscribed and sworn to before me, a Notary Public, this day of, 20. Notary Public My commission expires.

21 SLC-3-90, 2-09 Sheet 1 of 5, Part A DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS Part A POLICY It is the policy of St. Louis County that businesses owned by socially and economically disadvantaged individuals (DBE's) have the maximum opportunity to participate in the performance of contracts financed in whole or in part with County funds. OBLIGATION OF THE CONTRACTOR TO DBE's The Contractor agrees to insure that DBE's have the maximum opportunity to participate in the performance of this contract and any subcontract financed in whole or in part with County funds. In this regard the Contractor shall take all necessary and reasonable steps to insure that DBE's have the maximum opportunity to compete for and perform contracts. The Contractor shall not discriminate on the basis of race, color, age, national origin, or sex in the performance of this contract or in the award of any subsequent subcontract. BANKING SERVICES The Contractor is encouraged to use the services of banks owned and controlled by socially and economically disadvantaged individuals. GEOGRAPHIC AREA FOR SOLICITATION OF DBE's The Contractor shall seek DBE's in the same geographic area in which the solicitation for subcontracts and materials is made. If the Contractor cannot meet the goal using DBE's from this geographic area, the Contractor shall, as a part of the effort to meet the goal, expand the search to a reasonably wider geographic area. DETERMINATION OF PARTICIPATION TOWARD MEETING THE DBE GOAL DBE participation shall be counted toward meeting the goal as follows: 1. Once a firm is determined to be an eligible DBE, the total dollar value of the contract or subcontract awarded to the DBE is counted toward the goal. 2. The Contractor may count toward the DBE goal a portion of the total dollar value of a subcontract with a joint venture eligible under the DBE standards equal to the percentage of the ownership and controls of the DBE partner in the joint venture. 3. The Contractor may count toward the DBE goal expenditures to DBE's who perform a commercially useful function in the contract. A DBE is considered to perform a commercially useful function when responsible for execution of a distinct element of the work of a contract and the carrying out of the responsibilities by actually performing, managing, and supervising the work involved.

22 SLC-3-90, 2-09 Sheet 2 of 5, Part A 4. The Contractor may count toward the DBE's goal sixty percent (60%) of its expenditures for materials and supplies required under a contract and obtained from a DBE regular dealer, and one hundred percent (100%) of such expenditures to a DBE manufacturer. a. A regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal business and in its own name, the purchase and sale of products in question. b. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or regular dealers within the meaning of this section (i.e., a truck hauler is a regular dealer when the firm owns, operates and maintains, or leases, operates and maintains, the distribution equipment for the delivery of the above products to the public in the usual course of business; ad hoc performance for one Contractor or select group of Contractors does not qualify as a regular dealer). c. A manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor (i.e., a supplier who produces goods from raw materials or substantially alters them before resale). 5. A Contractor may count toward the DBE goal the following expenditures to DBE firms that are not regular dealers or manufacturers: a. The fees charged for delivery of materials and supplies required on a job site (but not the cost of the materials and supplies themselves) when the hauler or trucker is not also the manufacturer of or a regular dealer in the materials and supplies, provided that the fee is determined by the County to be reasonable as compared with fees customarily allowed for similar services. GOAL FOR THE AMOUNT OF WORK TO BE AWARDED TO DBE's The following goal has been established for this contract. The dollar value of work, supplies, and services will be based on the amount anticipated to be paid to DBE's. For firms owned and controlled by socially and economically disadvantaged individuals (DBE's), the goal for the amount of work to be awarded is twelve percent (12%) of the total contract price. Failure to meet the contract goal or to furnish documentation acceptable to the County of efforts to meet this goal may be cause for rejection of the bid.

23 SLC-3-90, 2-09 Sheet 3 of 5, Part A REPLACEMENT OF DBE SUBCONTRACTORS The Contractor shall make good faith efforts to replace a DBE subcontractor who is unable to perform satisfactorily with another DBE subcontractor. Replacement firms must be approved by the County. APPROVED DBE DIRECTORY DBE's approved for use in meeting the above goal are listed in the Directory maintained by the Missouri Department of Transportation or their partnering DBE certifying agencies, including the City of St. Louis, METRO, Kansas City Area Transportation Authority, and the City of Kansas City. (Refer to It is not intended that Disadvantaged Business Enterprise firms be limited to those contained in the Directory. Other firms will be considered at any time by applying to the Missouri Highway and Transportation Department, P. O. Box 270, Jefferson City, Missouri Telephone inquiries may be directed to (573) DESCRIPTION OF GOOD FAITH EFFORTS TO MEET THE DBE CONTRACT GOAL Good faith efforts to meet the DBE goal may include, but are not limited to, such items as the following: 1. Attended a pre-bid meeting, if any, scheduled by the County to inform DBE's of contracting and subcontracting opportunities; 2. Advertised in general circulation trade association and socially and economically disadvantaged business-directed media concerning the subcontracting opportunities; 3. Provided written notice to a reasonable number of specific DBE's that their interest in the contract is solicited, in sufficient time to allow the DBE's to participate effectively; 4. Followed up on initial solicitations of interest by contacting DBE's to determine with certainty whether the DBE's were interested; 5. Selected portions of the work to be performed by DBE's in order to increase the likelihood of meeting the DBE goal (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 6. Provided interested DBE's adequate information about plans, specifications and requirements of the contract; 7. Negotiated in good faith with interested DBE's, not rejecting DBE's as unqualified without sound reasons based on a thorough investigation of their capabilities; 8. Made efforts to assist interested DBE's in obtaining bonding, lines of credit, or insurance required by the County or by the bidder; and

24 SLC-3-90, 2-09 Sheet 4 of 5, Part A 9. Made effective use of the services of available disadvantaged business organizations, minority contractors' groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in the recruitment and placement of DBE's. DOCUMENTATION OF GOOD FAITH EFFORTS TO MEET THE DBE CONTRACT GOAL In the DBE Submittal forms, 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. Any bidder that has not met the DBE contract goal must complete the Certification of Good Faith Efforts to Obtain DBE Participation as part of the DBE Submittal forms. The DBE Submittal forms including that certification shall be submitted to the St. Louis County Department of Transportation on or before 4:00 p.m. of the third business day after the bid opening date, directly to the address specified on the DBE Submittal forms. The complete and signed original documents shall be mailed to St. Louis County Department of Transportation no later than the day of any 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 DBE Submittal forms, 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 DBE Submittal forms 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 St. Louis County rejects 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 file timely and separately their completed and executed DBE Submittal forms, or face potential sanctions and the bid bond or guaranty as specified in these provisions, may become the property of St. Louis County subject to County s demand. SPECIALTY ITEM Subcontract work awarded to DBE subcontractors not to exceed the amount specified in the proposal or the amount designated in the contract by the Contractor, whichever is less, and not to exceed a total of twenty percent (20%) of the contract, will be considered specialty items under the provisions of Section BIDDING PROCEDURE The bidder shall complete and submit the information required under Part B with the bid proposal or it shall be delivered by the low and second-low bidder within three (3) working days after the letting date. No extension of time will be allowed for any reason. Failure of the low and second-low bidder to deliver the complete and executed Part B by 4:00 P.M. on the third working day after the letting will be cause for rejection of the low bid, and the proposal guarantee will become the property of the County. The proposal guarantee of the second-low bidder will be retained under the same conditions until the County has determined that the award will not be made to the second-low bidder. If Part B is not submitted with the bid, it shall be delivered directly to the County at the following address: 1050 N. Lindbergh Boulevard, First Floor, St. Louis, Missouri

25 SLC-3-90, 2-09 Sheet 5 of 5, Part A VERIFICATION OF DBE PARTICIPATION Prior to release of retained percentage, the Contractor shall file a list with the County showing the DBE's used and the work performed. The list shall show the actual dollar amount paid to each DBE that is applicable to the percentage participation established in the contract. If the total DBE participation is less than the contract goal stated by the County, the County may sustain damages, the exact extent of which would be difficult or impossible to ascertain, and therefore, in order to liquidate such damages, the monetary difference between the amount of the goal stated by the County and the amount actually paid to the DBE's for performing a commercially useful function will be deducted from the Contractor's payments as liquidated damages. If the contract is awarded with less than the contract goal stated by the County, that amount shall become the contract goal and shall be used to determine liquidated damages. No such deduction will be made when, for reasons beyond control of the Contractor, the stated DBE participation is not met.

26 Project Name: Musick Avenue at Gravois Road Improvements County Project No.: CR-1544 Sheet 1 of 3, Part B DBE SUBMITTAL FORMS (Part B) DBE Submittal Forms: This form must be submitted by 4:00 P.M. three (3) business days after bid opening. 1. 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 project price. The bidder shall also complete the DBE Submittal Form in accordance with the program requirements. 2. DBE Participation: The bidder certifies that it will utilize DBEs as follows: % OF TOTAL 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. 3. 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 proposed DBE Contract Goal: (Attach additional sheets if necessary.)

27 Project Name: Musick Avenue at Gravois Road Improvements County Project No.: CR-1544 DBE SUBMITTAL FORMS (Part B) Sheet 2 of 3, Part B 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. Louis County Department of Transportation by 4:00 p.m. on the third working day after the bid opening. FAX or transmittal is permitted. The FAX number is (314) , and the address for submittal is jdietzel@stlouisco.com. The original copy must be mailed by overnight mail to St. Louis County Department of Transportation, 1050 N. Lindbergh Blvd, St. Louis, Missouri 63132, the day of the FAX or transmittal. (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 the total contract each DBE is to perform or furnish are as follows: (A) DBE Name & Address (B) Bid Item Numbers (C) $ Value of DBE 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) Total Total Total Total Total Total Total Total Total Total Total Total Totals (This Sheet) ** Cannot exceed contract amount for given item of work. Project Name: Musick Avenue at Gravois Road Improvements Sheet 3 of 3, Part B

28 County Project No.: CR-1544 DBE Submittal Forms (Part B) (A) DBE Name & Address Trucking Services (B) Bid Item Numbers (C) $ Value of DBE of Work** (Unit Price x Quantity of Each Item in B, or Lump Sum) (D) % Of $ Value Applicable to DBE Goal** (100%, 60%) (E) $ Amount Applicable to DBE Goal for Each Item (C x D) (F) % Of Total Contract Amount for Each Item (E/Total Contract Amount) Only used if the DBE owns the trucks or is leasing from a DBE firm Total 100% Total Total Trucking Services Trucks are leased from non-dbe source Total Only include Fees for Trucking Services Total Total Brokered Services Only Include Fees for Brokered Services Total Total Total Total Total Total Totals (This Sheet) Totals (Sheet 2) Totals (Additional Sheets, if needed) Total DBE Participation ** Cannot exceed contract amount for given item of work. Company: By: Date: Title:

29 ADDENDUM ACKNOWLEDGEMENT Project Name: Musick Avenue at Gravois Road Improvements County Project No.: CR-1544 Check and complete one of the following statements: The undersigned acknowledges that no addendums were issued. The undersigned acknowledges receipt of Addendum number through inclusive. Name of the Bidder: By: Name & Signature of Contractor s Authorized Representative Date CORPORATE SEAL

30 CONTRACT THIS AGREEMENT, made and entered into this day of, 20, by and between St. Louis County, Missouri, hereinafter called the COUNTY, and, hereinafter called the CONTRACTOR. WITNESSETH: That for and in consideration of the acceptance of Contractor's bid and the award of this contract to said Contractor by the County, and in further consideration of the agreements of the parties herein contained, to be well and truly observed and faithfully kept by them, and each of them, it is agreed between the parties as follows, to wit: The Contractor hereby agrees to do or furnish, at its own expense, all labor, materials, and equipment called for in the bid designated as County Project No. CR-1544, and shall perform all work necessary to complete grading, excavating, enclosed storm sewer drainage, sanitary sewers, water service adjustments, concrete pavement, temporary bituminous concrete pavement, guardrail, curb and gutter, sidewalks including ADA curb ramps and truncated domes; removal and replacement of traffic signal equipment; sodding within St. Louis County and other incidental items necessary to complete the above in a workmanlike manner, as shown on the plans and specifications. The "Notice to Contractor," "Plans," "Bid," "Contract Bond," "Acknowledgement," "Financial Statement," "Special Provisions, Job and General," "Standard Specifications," "Notice to Proceed," and all change orders are made a part hereof as fully as if set out herein. It is understood and agreed that, except as may be otherwise provided for by "Special Provisions, Job and General," included in the bid, the work shall be done in accordance with the "St. Louis County Department of Transportation Standard Specifications for Road and Bridge Construction." Said Standard Specifications are part and parcel of this contract, and are incorporated in this contract as fully and effectively as if set forth in detail herein. The Contractor further agrees that he is fully informed regarding all of the conditions affecting the work to be done, and labor and materials to be furnished for the completion of this contract, and that his information was secured by personal investigation and research and not from any estimates of the County; and that he will make no claim against the County by reason of estimates, tests, or representation of any officer, agent, or employee of the County.

31 The said Contractor agrees further to begin work not later than the authorization date in the Notice to Proceed, and to complete the work within the time specified in the bid or such additional time as may be allowed by the Director under the contract. The contractor will be required to comply with the Notice to Proceed date established by St. Louis County Department of Transportation. The work shall be done to the complete satisfaction of the Director, St. Louis County Department of Transportation, and in case the federal government or any agency thereof is participating in the payment of the cost of construction of the work, the work shall also be subject to inspection and approval at all times by the proper agent or agents of such government agency. The parties hereto agree that this contract in all things shall be governed by the laws of the State of Missouri, and the charter and ordinances of St. Louis County. The Contractor agrees that he will comply with all federal and state laws and regulations and local ordinances and that he will comply, and cause each of his subcontractors, if any, to comply, with all federal and state laws and federal regulations and directives pertaining to nondiscrimination against any person on the grounds of race, color, sex, religion, creed, age, ancestry or national origin in connection with this contract, including procurement of materials and lease of equipment therefore, in accordance with the special provisions on that subject attached hereto, incorporated in and made a part of the contract. The Contractor expressly warrants that he has employed no third person to solicit or obtain this contract in his behalf, or to cause or procure the same to be obtained upon compensation in any way contingent, in whole or in part, upon such procurement; and that he has not paid, or promised or agreed to pay, to any third person, in consideration of such procurement, or in compensation for services in connection therewith, any brokerage, commission, or percentage upon the amount receivable by him hereunder; and that he has not, in estimating the contract price demanded by him, included any sum by reason of any such brokerage, commission, or percentage; and that all monies payable to him hereunder are free from obligation of any other person for services rendered, or supposed to have been rendered, in the procurement of this contract. He further agrees that any breach of this warranty shall constitute adequate cause for the annulment of this contract by the County, and that the County may retain to its own use from any sums due to or become due hereunder an amount equal to any brokerage, commission, or percentage so paid, or agreed to be paid. The County agrees to pay the Contractor in the manner and in the amount provided in the said Standard Specifications and Bid.

32 IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals this day of, 20. ST. LOUIS COUNTY, MISSOURI (SEAL) ATTEST: By: County Executive Administrative Director of the St. Louis County Council Contractor (SEAL) By: Name Title ATTEST: Secretary APPROVED: Director of Transportation and Public Works APPROVED AS TO LEGAL FORM: County Counselor ACCOUNTING OFFICER'S CERTIFICATION: I hereby certify that an unencumbered balance, sufficient to pay the contract sum, remains in the appropriation account against which this obligation is to be charged. Accounting Officer

33 CONTRACTOR'S ACKNOWLEDGEMENT 1. Form to be used if Contractor is an individual. STATE OF MISSOURI COUNTY OF ST. LOUIS } On this day of, 20, before me personally appeared, to me known to be the person described in and who executed the foregoing bid, contract agreement and bond, and being first duly sworn, acknowledged that he executed the same as his free act and deed. Witness my hand and seal at, the day and year first above written. (SEAL) Notary Public My commission expires Stamp, type or print: Notary Public's Name Notary Public State of County of Notary Public Commission Expires On 2. Form to be used if Contractor is a partnership or unincorporated company. STATE OF MISSOURI COUNTY OF ST. LOUIS } On this day of, 20, before me personally appeared, to me known to be the person described in and who executed the foregoing bid, contract agreement and bond, and being first duly sworn, acknowledged that he executed the same as the free act and deed of the partnership or company, and stated that all of the members of the partnership or company are correctly shown in the bid.

34 Witness my hand and seal at, the day and year first above written. (SEAL) Notary Public My commission expires Stamp, type or print: Notary Public's Name Notary Public State of County of Notary Public Commission Expires On 3. Form to be used if Contractor is a corporation. STATE OF MISSOURI COUNTY OF ST. LOUIS } On this day of, 20, before me appeared, to me personally known, who, being by me duly sworn, did say that he is the of (the Contractor), and that the seal affixed to the foregoing contract agreement and contract bond is the corporate seal of said corporation, and the foregoing bid contract agreement and contract bond were signed and sealed in behalf of said corporation by authority of its Board of Directors, and said acknowledged said instruments to be the free act and deed of said corporation. Witness my hand and seal at, the day and year first above written. (SEAL) Notary Public My commission expires Stamp, type or print: Notary Public's Name Notary Public State of County of Notary Public Commission Expires On