IFB605NE24001022_Jun_2_25_solicitation_doc.pdf

Solicitation Number: IFB605NE24001022

Clean Cinders

MoDOT Invitation to Bid (IFBR)

MoDOT - NE

November 21, 2023 - December 07, 2023

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General Header Information

IFB605NE24001022

No. IFB605NE24001022 Title: Clean Cinders Start Date: November 21, 2023 at 1:00:00 PM CST End Date: December 07, 2023 at 1:00:00 PM CST Vendor Q&A Start Date:

Vendor Q&A End Date:

Estimated Total Value:

Who can respond to this bid? : All Vendors Description: The Missouri Department of Transportation (MoDOT) Northeast (NE)

District is seeking a vendor to supply and deliver Clean Dirty Cinders to the Mexico Maintenance Building in Northeast Missouri.

Delivery Terms: Free On Board Destination Delivery Notes: Award of this IFB will be made on an "All or Nothing" basis. Ship after purchase order or notice to proceed is issued. All unit prices quoted must include the cost of delivery (F.O.B. - Destination).

Payment Terms: Net 30 Days Payment Notes: Payment will be made in full after the completion of the delivery and receipt of a correct invoice. A single invoice is requested when delivery is finished. No partial payments will be made.

Contact Information: MoDOT - NE Bill Noyes 26826 U.S. Highway 63 Macon MO, 63552 United States Tel: 660-385-8245 william.noyes@modot.mo.gov

Contact Details: If you have any questions, please contact:

Bill Noyes 26826 U.S. Highway 63 Macon MO, 63552 United States Tel: 660-385-8245 william.noyes@modot.mo.gov

Selected Categories:

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Header Custom Fields:

IFB605NE24001022

NOTICE

Vendor Responsibility

The vendor is solely responsible for ensuring timely submission of their solicitation response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the vendor and their response at risk of not being accepted on time.

The State of Missouri's Privacy Policy can be accessed here.

MODOT Section Numbering

Section Numbering All section numbering contained in this solicitation is for the convenience of reference only and is not intended to define or limit the scope of any provision of this solicitation and may not be sequential.

http://www.mo.gov/privacy-policy/

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Solicitation Requirements:

IFB605NE24001022

MoDOT Instructions for Submitting a Response

Instructions for Submitting a Response

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The Missouri Department of Transportation advertises all bid solicitation documents on the

MissouriBUYS Bid Board (https://www.missouribuys.mo.gov). MissouriBUYS is the State of

Missouri’s web-based statewide eProcurement system which is powered by WebProcure, through our partner, Perfect Commerce.

IMPORTANT NOTICE TO ALL VENDORS:

The Missouri Department of Transportation prefers receipt of all bid responses as electronic submissions. Hard copy submissions may be permitted based on the circumstances and content of the relevant solicitation with the approval of the buyer five (5) business days prior to the solicitation close date.

The solicitation as it appears digitally on the MissouriBUYS website is the official document of record. It is incumbent on the Vendor to inspect and ensure any downloaded or printed version of the solicitation that it contains all information, terms and conditions contained in the solicitation as it appears digitally on the MissouriBUYS website. In the event of any dispute regarding the contents of the solicitation, the solicitation as it appears digitally on the MissouriBUYS website shall take precedence and priority over any other downloaded or printed version of the solicitation.

The vendor is solely responsible for ensuring timely submission of their solicitation response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the vendor and their response at risk of not being accepted on time.

To respond electronically to a solicitation, the vendor must first register with MissouriBUYS by going to the MissouriBUYS Home Page (https://missouribuys.mo.gov), clicking the “Register” button at the top of the page, and completing the Vendor Registration. Once registered the vendor should log back into MissouriBUYS and edit their profile by selecting the organizational contact(s) that should receive an automated confirmation of the vendor’s electronic bid responses successfully submitted to the state.

To respond electronically to a solicitation, the vendor must login to MissouriBUYS and locate the desired solicitation on the Bid Board. The vendor must read and accept the current Solicitation

Documents and any subsequent addendums, as well as complete pricing and any other identified requirements. Vendors should upload their completed response to these accepted documents

(including exhibits, forms, and other information concerning the solicitation) as an attachment to the electronic solicitation response. Step-by-step instructions for how a registered vendor responds to a solicitation electronically are available on the MissouriBUYS system at:

https://missouribuys.mo.gov/sites/missouribuys/files/How_To_Respond_To_A_Solicitation.pdf https://www.missouribuys.mo.gov https://missouribuys.mo.gov https://missouribuys.mo.gov/sites/missouribuys/files/How_To_Respond_To_A_Solicitation.pdf

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Addendum Document: If an addendum document is subsequently issued, please follow these steps to accept the addendum document(s).

1. If you have not accepted the original solicitation document go to the Overview page, find the section titled, Original Solicitation Documents, review the solicitation document(s) then click on the box under Select, and then click on the Accept button.

2. To accept the addendum document, on the Overview page find the section titled Addendum

Document, review the addendum document(s) then click on the box under Select, and then click on the Accept button.

Note: If you submitted an electronic response prior to the addendum date and time, you should review your solicitation response to ensure that it is still valid by taking into consideration the revisions addressed in the addendum document. If a revision is needed to your solicitation response and/or to indicate your acceptance of the addendum document, you will need to retract your response and re-submit your response by following these steps:

1. Log into MissouriBUYS.

2. Select the Solicitations tab.

3. Select View Current Solicitations.

4. Select My List.

5. Select the correct Opportunity Number (Opportunity No); the Overview page will display.

6. Click on Review Response from the navigation bar.

7. Click on Retract if your response needs to be revised.

8. A message will come up asking, “Are you sure you want to retract the Bid”. Click on Continue to confirm.

9. Click on Respond and revise as applicable.

10. Click on Review Response from the navigation bar and then click on Submit to submit your response.

MoDOT STANDARD SOLICITATION PROVISIONS

1.1. Solicitation Authority

The solicitation for the procurement of supplies or services referenced therein, the Standard Bid Provisions, General Terms and Conditions and Special Terms and Conditions, is governed by the provisions of Title 7 -

Missouri Department of Transportation, Division 10, Missouri Highways and Transportation Commission, Chapter 11- Procurement of Supplies, of the Code of State Regulations. The Missouri Highways and

Transportation Commission (MHTC), acting by and through its operating arm, the Missouri Department of

Transportation (MoDOT), draws the Bidders attention to said 7 CSR 10-11 for all provisions governing solicitation, receipt of bids/quotes, and award of the contract.

1.2 Bids / Quotes to be Submitted by Officer or Employee

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All bids/quotes must be submitted by an authorized representative of the firm. Obligations assumed by such submission must be fulfilled.

1.3 MHTC Rights Reserved

Work is to be performed under the general supervision and direction of MoDOT. If awarded, the Contractor agrees to furnish any and all equipment, supplies and/or services specified in the solicitation, at the prices quoted, pursuant to all requirements and specifications contained herein.

1.4 Personal Privacy Protection Act Notification

MHTC and MoDOT comply with all provisions in the Personal Privacy Protection Act found in section 105.1500, RSMo, and follow practices to keep confidential and sensitive information secure. Bidders acknowledge that submission of information is voluntary and that MHTC is not asking or requiring the submission of “personal information” as defined in the act. By submitting a bid, Bidders and Contractors agree to not to bring a suit against MHTC, or any employees, under section 105.1500, RSMo.

MoDOT IFB GENERAL TERMS AND CONDITIONS

2.1 Definitions

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Capitalized terms as well as other terms used but not defined herein shall have the meaning assigned to them in section 7 CSR 10-11.010 Definition of Terms. Whenever the following words and expressions appear in an Invitation for Bid (IFB) document or any addendum thereto, the definition or meaning described below shall apply.

2.1.1. Addendum means a written official modification to an IFB.

2.1.2. Amendment means a written official modification to a contract.

2.1.3. Attachment applies to all forms or documents which are included with an IFB to incorporate any informational data or requirements related to the performance requirements and/or specifications.

2.1.4. Bid end date and time and similar expressions mean the exact deadline required by the IFB for the receipt of bids.

2.1.5 Contract means the resulting agreement that has been executed by the successful bidder and the

Commission.

2.1.6. Exhibit applies to forms which are included with an IFB for the vendor to complete and submit with the bid prior to the specified end date and time.

2.1.7. Invitation for Bid (IFB) means the solicitation document issued to potential vendors for the purchase of equipment, supplies, and/or services as described in the document. The definition includes these Terms and Conditions as well as all Pricing Pages, Exhibits, Attachments, and Addendums thereto.

2.1.8. May means a certain feature, component, or action is permissible, but not required.

2.1.9. Must means a certain feature, component, or action is a mandatory condition. Failure to provide or comply will result in a bid being considered non-responsive.

2.1.10. Pricing page(s) applies to the form(s) which the vendor must state the price(s) applicable for the equipment, supplies, and/or services required in the IFB. Pricing page(s) must be completed and submitted by the vendor with the bid response prior to the specified bid end date and time.

2.1.11. Revised Statutes of Missouri (RSMo) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri.

2.1.12. Shall has the same meaning as the word must.

2.1.13. Should means that a certain feature, component and/or action is desirable but not mandatory.

2.2 Nondiscrimination

The Contractor shall comply with all state and federal statutes applicable to the Contractor relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of Civil

Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the Americans with Disabilities Act (42 U.S.C. Section 12101, et seq)..

2.2.1 Sanctions for Noncompliance: In the event of the Contractor's noncompliance with these nondiscrimination provisions of the Contract, MHTC shall impose such contract sanctions as it or the

Federal Highway Administration may determine to be appropriate, including, but not limited to:

2.2.1.1 withholding of payments to the Contractor under the Contract until the Contractor complies, and/or,

2.2.1.2 cancellation, termination or suspension of the Contract, in whole or in part.

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2.3 Contract/Purchase Order

By submitting a response, the Bidder agrees to furnish any and all equipment, supplies and/or services specified in the solicitation documents, at the prices quoted, pursuant to all requirements and specifications contained therein.

2.3.1. The Contract shall consist of: (1) the solicitation documents, amendments thereto, and/or Best and

Final Offer (BAFO) request(s) with any changes/additions, (2) the Contractor's bid response, and (3) the

MHTCs acceptance of the bid by post-award contract or purchase order.

2.3.2. A notice of award does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and/or services, the Contractor must receive a properly authorized notice to proceed and/or purchase order

2.4 Applicable Laws and Regulations

The Contract shall be construed according to the laws of the State of Missouri. The Contractor shall comply with all applicable local, state, and federal laws and regulations related to the performance of the Contract. The exclusive venue for any legal proceeding relating to or arising, out of the contract shall be in the Circuit Court of Cole County, Missouri.

2.4.1. The Contractor must be registered and maintain good standing with the Secretary of State of the

State of Missouri, Missouri Department of Revenue, and other regulatory agencies, as may be required by law or regulations. Prior to the issuance of a purchase order and/or notice to proceed, the Contractor may be required to submit to MHTC a copy of their current Authority Certificate from the Secretary of State of the

State of Missouri and/or a copy of their Certificate of No Tax Due from the Missouri Department of Revenue.

2.4.2. Prior to the issuance of a purchase order and/or notice to proceed, all out-of-state Contractors providing services in the state of Missouri must submit to MHTC a copy of their current Transient Employer

Certificate from the Missouri Department of Revenue, and a current Certificate of Registration from the

Secretary of State of the state of Missouri.

2.5 Open Competition and IFB Document

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It shall be the vendor's responsibility to ask questions, request changes or clarification, or otherwise advise MoDOT if any language, specifications or requirements of an IFB appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the IFB to a single source. Any and all communication from vendors regarding specifications, requirements, competitive bid process, etc., must be directed to the IFB Contact, unless the IFB specifically refers the vendor to another contact. Such e-mail, fax, or phone communication should be received at least ten calendar days prior to the official bid end date.

2.5.1. Every attempt shall be made to ensure that the vendor receives an adequate and prompt response.

However, in order to maintain a fair and equitable bid process, all vendors will be advised, via the issuance of an addendum to the IFB, of any relevant or pertinent information related to the procurement. Therefore, vendors are advised that unless specified elsewhere in the IFB, any questions received less than ten calendar days prior to the IFB end date may not be answered.

2.5.2. Vendors are cautioned that the only official position of the MHTC is that which is issued in the IFB or an addendum thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement.

2.5.3. The IFB is available for viewing and downloading on the MissouriBUYS Statewide eProcurement

System. Registered vendors are electronically notified of those bid opportunities that match the commodity codes for which the vendor registered in MissouriBUYS. If a registered vendors e-mail address is incorrect, the vendor must update the e-mail address themselves on the state's MissouriBUYS Statewide eProcurement System at https://missouribuys.mo.gov/.

2.5.4. MoDOT reserves the right to officially amend or cancel an IFB after issuance. It shall be the sole responsibility of the vendor to monitor the MissouriBUYS Statewide eProcurement System to obtain a copy of the addendum(s). Registered vendors who received e-mail notification of the bid opportunity when the

IFB was established and registered vendors who have responded to the IFB on-line prior to an addendum being issued, should receive e-mail notification of the addendum(s). Registered vendors who received e-mail notification of the bid opportunity when the IFB was established and registered vendors who have responded to the bid on-line prior to a cancellation being issued, should receive e-mail notification of a cancellation issued prior to the exact end date and time specified in the IFB.

2.6 Preparation of Bids

https://missouribuys.mo.gov/

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Vendors must examine the entire IFB carefully. Failure to do so shall be at the vendor's risk.

2.6.1. Unless otherwise specifically stated in the IFB, all specifications and requirements constitute minimum requirements. All bids must meet or exceed the stated specifications and requirements.

2.6.2. Unless otherwise specifically stated in the IFB, any manufacturer names, trade names, brand names, information and/or catalog numbers listed in a specification and/or requirement are for informational purposes only and are not intended to limit competition. The vendor may offer any brand which meets or exceeds the specification for any item, but must state the manufacturer's name and model number for any such brands in the bid. In addition, the vendor shall explain, in detail, (1) the reasons why the proposed equivalent meets or exceeds the specifications and/or requirements and (2) why the proposed equivalent should not be considered an exception thereto. Bids which do not comply with the requirements and specifications are subject to rejection without clarification.

2.6.3. Bids lacking any indication of intent to bid an alternate brand or to take an exception shall be received and considered in complete compliance with the specifications and requirements as listed in the IFB.

2.6.4. In the event that the vendor is an agency of state government or other such political subdivision which is prohibited by law or court decision from complying with certain provisions of an IFB, such vendor may submit a bid which contains a list of statutory limitations and identification of those prohibitive clauses.

The vendor should include a complete list of statutory references and citations for each provision of the IFB, which is affected by this paragraph. The statutory limitations and prohibitive clauses may (1) be requested to be clarified in writing or (2) be accepted without further clarification if the statutory limitations and prohibitive clauses are deemed acceptable. If MHTC determines clarification of the statutory limitations and prohibitive clauses is necessary, the clarification will be conducted in order to agree to language that reflects the intent and compliance of such law and/or court order and the IFB.

2.6.5. All equipment and supplies offered in a bid must be new, of current production, and available for marketing by the manufacturer unless the IFB clearly specifies that used, reconditioned, or remanufactured equipment and supplies may be offered.

2.6.6. Prices shall include all packing, handling and shipping charges FOB destination, freight prepaid and allowed unless otherwise specified in the IFB.

2.6.7. Bids, including all pricing therein, shall remain valid for 90 days from bid opening unless otherwise indicated. If the bid is accepted, the entire bid, including all prices, shall be firm for the specified contract period.

2.6.8. Any foreign vendor not having an Employer Identification Number assigned by the United States

Internal Revenue Service (IRS) must submit a completed IRS Form W-8 prior to or with the submission of their bid in order to be considered for award.

2.7 Submission of Bids

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Registered vendors may submit bids electronically through the MissouriBUYS Statewide eProcurement System at https://missouribuys.mo.gov/ or by delivery of a hard copy to the Contact address shown on the Solicitation General Header Information. Vendors that have not registered on the MissouriBUYS Statewide eProcurement System may submit bids hard copy to the Contact address shown on the Solicitation General Header Information. Delivered bids must be sealed in an envelope or container, and received in the required location no later than the exact end date and time specified in the IFB. All bids must (1) be submitted by a duly authorized representative of the vendors organization, (2) contain all information required by the IFB, and (3) be priced as required. It shall be the responsibility of the vendor to ensure their bid is in the required location no later than the exact end date and time specified in the IFB.

2.7.1. The sealed envelope or container containing a bid should be clearly marked on the outside with (1) the official IFB number and (2) the official end date and time. Different bids should not be placed in the same envelope, although copies of the same bid may be placed in the same envelope.

2.7.2. A bid submitted electronically by a registered vendor may be modified on-line prior to the official end date and time. A bid which has been delivered to the MHTC office may be modified by signed, written notice which has been received in the required location prior to the official end date and time specified. A bid may also be modified in person by the vendor or its authorized representative, provided proper identification is presented before the official end date and time. Telephone or telegraphic requests to modify a bid shall not be honored.

2.7.3. A bid submitted electronically by a registered vendor may be retracted on-line prior to the official end date and time. A bid which has been delivered to the required location may only be withdrawn by a signed, written document on company letterhead transmitted via mail, e-mail, or facsimile which has been received at the required location prior to the official end date and time specified. A bid may also be withdrawn in person by the vendor or its authorized representative, provided proper identification is presented before the official end date and time. Telephone or telegraphic requests to withdraw a bid shall not be honored.

2.7.4. A bid may also be withdrawn after the bid opening through submission of a written request by an authorized representative of the vendor. Justification of withdrawal decision may include a significant error or exposure of bid information that may cause irreparable harm to the vendor.

2.7.5. When submitting a bid electronically, the registered vendor indicates acceptance of all IFB requirements, terms and conditions by clicking on the Review and Submit button on the Response Review tab.

2.7.6. Faxed bids shall not be accepted. However, faxed and e-mail no-bid notifications shall be accepted.

2.8 Bid Opening

Bid openings are public on the end date and at the opening time specified on the IFB document. All vendors may view the same bid response information on the MissouriBUYS Statewide eProcurement

System. MHTC will not provide prices or other bid information via the telephone.

2.8.1. Bids which are not received in the MHTC office prior to the official end date and time shall be considered late, regardless of the degree of lateness, and normally will not be opened.

2.9 Evaluation and Award

https://missouribuys.mo.gov/

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Any clerical error, apparent on its face, may be corrected by the buyer before contract award. Upon discovering an apparent clerical error, the buyer shall contact the vendor and request clarification of the intended bid. The correction shall be incorporated in the notice of award. Examples of apparent clerical errors are: 1) misplacement of a decimal point; and 2) obvious mistake in designation of unit.

2.9.1. Any pricing information submitted shall be subject to evaluation if deemed to be in the best interest of the MHTC.

2.9.2. The vendor is encouraged to propose price discounts for prompt payment or propose other price discounts that would benefit the MHTC. However, unless otherwise specified in the IFB, pricing shall be evaluated at the maximum potential financial liability to the MHTC.

2.9.3. Awards shall be made to the vendor whose bid (1) complies with all mandatory specifications and requirements of the IFB and (2) is the lowest and best bid, considering price, responsibility of the vendor, and all other evaluation criteria specified in the IFB and (3) complies with all applicable Missouri statutes and Executive Orders.

2.9.4. In the event all vendors fail to meet the same mandatory requirement in an IFB, MHTC reserves the right, at its sole discretion, to waive that requirement for all vendors and to proceed with the evaluation. In addition, MHTC reserves the right to waive any minor irregularity or technicality found in any individual bid.

2.9.5. MHTC reserves the right to reject any and all bids. When all bids are non-responsive or otherwise unacceptable and circumstances do not permit a rebid, MHTC may negotiate for the required supplies.

2.9.6. When evaluating a bid, the MHTC reserves the right to consider relevant information and fact, whether gained from a bid, from a vendor, from vendor references, or from any other source.

2.9.7. Any information submitted with the bid, regardless of the format or placement of such information, may be considered in making decisions related to the responsiveness and merit of a bid and the award of a contract.

2.9.8. Any award of a contract shall be made by notification to the successful vendor. MHTC reserves the right to make awards by item, group of items, or an all or none basis unless otherwise identified in the solicitation. The grouping of items awarded shall be determined based upon factors such as item similarity, location, administrative efficiency, or other considerations in the best interest of the MHTC.

2.9.9. All bids and associated documentation which were submitted on or before the official end date and time will be considered open records pursuant to section 610.021, RSMo, following the official opening of bids.

2.9.10. The MHTC posts all bid results on the MissouriBUYS Statewide eProcurement System website for all vendors to view for a reasonable period of time after bid award.

2.9.11. The MHTC reserves the right to request clarification of any portion of the vendor response in order to verify the intent of the vendor. The vendor is cautioned, however, that its response may be subject to acceptance or rejection without further clarification.

2.9.12. Any bid award protest must be received within ten (10) calendar days after the date of award in accordance with the requirements of 7

CSR 10-11.020 (10).

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2.9.13. The final determination of contract award(s) shall be made by the MHTC.

2.10 Executive Order

The Contractor shall comply with all the provisions of Executive Order 07-13, issued by the

Honorable Matt Blunt, Governor of Missouri, on the sixth (6th) day of March, 2007. This Executive

Order, which promulgates the State of Missouri's position to not tolerate persons who contract with the state engaging in or supporting illegal activities of employing individuals who are not eligible to work in the United States, shall be incorporated herein by reference and made a part of the Contract.

2.10.1. The Contractor hereby certifies that any employee of the Contractor assigned to perform services under the Contract is eligible and authorized to work in the United States in compliance with federal law.

2.10.2. In the event the Contractor fails to comply with the provisions of the Executive Order 07-13, or in the event the Commission has reasonable cause to believe that the Contractor has knowingly employed individuals who are not eligible to work in the United States in violation of federal law, the Commission reserves the right to impose such contract sanctions as it may determine to be appropriate, including but not limited to cancellation, termination or suspension in whole or in part or both.

2.10.3. The Contractor shall include the provisions of this paragraph in every subcontract. The Contractor shall take such action with respect to any subcontract as the Commission may direct as a means of enforcing such provisions, including sanctions for noncompliance.

2.11 Preferences

In the evaluation of bids/quotes, preferences shall be applied in accordance with 7 CSR 10-

11.020(9). Contractors should apply the same preferences in selecting subcontractors.

2.11.1. Bidders are encouraged to obtain minority business enterprise (MBE) and women business enterprise (WBE) participation in this work through the use of subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful participation for M/WBEs. Bidders are encouraged to obtain 10%

MBE and 5% WBE participation.

2.12 Cancellation of Contract

The MHTC may cancel the Contract at any time for a material breach of contractual obligations or for convenience by providing the Contractor with written notice of cancellation. Should the MHTC exercise its right to cancel the Contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Contractor.

2.13 Bankruptcy or Insolvency

Upon filing for any bankruptcy or insolvency proceeding by or against the Contractor, whether voluntarily, or upon the appointment of a receiver, trustee, or assignee, or for the benefit of creditors, the Commission reserves the right and sole discretion to either cancel the Contract or affirm the Contract and hold the

Contractor responsible for damages.

2.14 Warranty

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The Contractor expressly warrants that all equipment, supplies, and/or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished to or adopted by the MHTC, (2) be fit and sufficient for the purpose expressed in the solicitation documents, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect. Such warranty shall survive delivery and shall not be deemed waived either by reason of the MHTC's acceptance of or payment for said equipment, supplies, and/or services.

2.15 Status of Independent Contractor

The Contractor represents itself to be an independent Contractor offering such services to the general public and shall not represent itself or its employees to be an employee of the MHTC. Therefore, the Contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save and hold the MHTC, its officers, agents and employees harmless from and against any and all losses

(including attorney fees) and damage of any kind related to such matters. The Contractor shall further understand that the MHTC cannot save and hold harmless or indemnify the Contractor and/or its employees against any liability incurred or arising as a result of any activity of the Contractor or any activity of the

Contractor's employees performed in connection with the Contract.

2.16 Non-Waiver

If one of the parties agrees to waive its right to enforce any term of the Contract, that party does not waive its right to enforce such term at any other time or to enforce any or all other terms of the Contract.

2.17 Indemnification

The Contractor shall defend, indemnify and hold harmless MHTC, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Contractor's performance of its obligations under the Contract.

2.18 Right of Acceptance and/or Rejection

MoDOT reserves the right to reject any responses, and to accept or reject any items thereon, and to waive technicalities. In case of error in the extension of prices in the response, unit prices will govern.

2.19 Inspection and Acceptance

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No equipment, supplies, and/or services received by MoDOT pursuant to a contract shall be deemed accepted until MoDOT has had reasonable opportunity to inspect said equipment, supplies, and/or services.

2.19.1. All equipment, supplies, and/or services which do not comply with the specifications and/or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and/or services which are discovered to be defective or which do not conform to any warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.

2.19.2. The MHTC reserves the right to return any such rejected shipment at the Contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received.

2.19.3. The MHTCs right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the MHTC may have.

2.20 Invoicing and Payment

The statewide financial management system has been designed to capture certain receipt and payment information. For each purchase order received, an invoice must be submitted that references the purchase order number and must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment.

2.20.1. The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written consent of the MHTC.

2.20.2. Payment for all equipment, supplies, and/or services required herein shall be made in arrears unless otherwise indicated in the IFB.

2.20.3 The MHTC assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the state's rejection and shall be returned at the contractor's expense.

2.20.4. The State of Missouri reserves the right to purchase goods and services using the state purchasing card.

2.21 Conflict of Interest

Elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.452 and

105.454, RSMo, regarding conflict of interest. Additionally, section 226.090 prohibits any member of the

Highways and Transportation Commission, engineer, or other person appointed or employed by the commission from having any direct or indirect pecuniary interest in, or acting as agent for, the sale of road or bridge building material, equipment, tools, machinery or supplies.

2.21.1. The contractor hereby covenants that at the time of the submission of the bid the contractor has no other contractual relationships which would create any actual or perceived conflict of interest. The contractor further agrees that during the term of the Contract neither the contractor nor any of its employees shall acquire any other contractual relationships which create such a conflict.

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2.22 Tax Exempt Status

MHTC is exempt from paying Missouri Sales Tax, Missouri Use Tax and Federal Excise Tax. However, the

Contractor may themselves be responsible for the payment of taxes on materials they purchase to fulfill the

Contract.

2.23 Anti-Discrimination Against Israel Act Certification

2.23.1 If the contractor meets the definition of a company as defined in section 34.600, RSMo, and has ten or more employees, the contractor shall not engage in a boycott of goods or services from the State of Israel; from companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or from persons or entities doing business in the State of Israel as defined in section 34.600, RSMo.

2.23.2 If the contractor meets the definition of a company as defined in section 34.600, RSMo, and the company’s employees increases to ten or more during the life of the Contract, then the contractor shall submit to the MHTC a completed Box C of the exhibit titled, Anti-Discrimination

Against Israel Act Certification, and shall comply with the requirements of Box C.

2.23.3 If during the life of the Contract, the contractor’s business status changes to become a company as defined in section 34.600, RSMo, and the company has ten or more employees, then the contractor shall comply with, complete, and submit to the MHTC a completed Box C of the exhibit titled, Anti-Discrimination Against Israel Act Certification.

2.23.4 This certification shall not apply to contracts with a total potential value of less than One

Hundred Thousand Dollars ($100,000).

2.24 The Domestic Products Procurement Act

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This section only applies to commodity purchases greater than $25,000.00. It does not apply when bidding services.

In accordance with the Domestic Product Procurement Act (hereinafter referred to as the Buy

American Act) sections 34.350 to 34.359, RSMo, the bidder is advised that any goods purchased or leased by any public agency shall be manufactured or produced in the United States.

Bidders who can certify that goods or commodities to be provided in accordance with the contract are manufactured or produced in the United States or imported in accordance with a qualifying treaty, law, agreement, or regulation shall be entitled to a ten percent (10%) preference over bidders whose products do not qualify.

The requirements of the Buy American Act shall not apply if other exceptions to the Buy American mandate in section 34.353, RSMo, are met.

If the bidder claims there is only one line of the good manufactured or produced in the United

States, subsection 2 of section 34.353, RSMo, or that one of the exceptions of subsection 3 of section 34.353, RSMo, applies, the Executive Head of the Agency bears the burden of certification as required prior to the award of a contract.

In accordance with the Buy American Act, the bidder must provide proof of compliance with section

34.353, RSMo. Therefore the bidder should complete and return Exhibit N, certification regarding proof of compliance, with the bid. This document must be satisfactorily completed prior to an award of a contract.

If the lowest priced bidder qualifies as American-made or in the event of all the bidders or none of the bidders qualify for the Buy American preference, no further calculation is necessary. In the event the lowest priced bidder does not qualify for the Buy American Preference but other bidders do qualify, then the low bidder’s price(s) is increased by 10% for those items not eligible for the Buy

American Preference.

MoDOT IFB SPECIAL TERMS AND CONDITIONS

3.8 Delivery-Additional Requirements

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The Contractor shall furnish the Missouri Department of Transportation with a planned delivery schedule at least 2 Business Days before starting delivery.

3.8.1. Notification should be during normal business hours, at least two (2) business days, before the Contractor desires to initiate delivery.

3.8.2. A representative of the Missouri Department of Transportation must be present when items are delivered.

3.8.3. No material will be accepted if it has been dumped in the absence of the department representative.

3.8.4. Unless otherwise specified, deliveries will be a minimum of 250 Tons Per Day. No deliveries will be made on Saturdays, Sundays and holidays unless specifically authorized by the department representative.

3.8.5. The following days shall be construed as official holidays under the terms of the contract:

3.8.5.1. January 1 - New Year's Day

3.8.5.2. Third Monday in January - Martin Luther King, Jr.s Birthday

3.8.5.3. February 12-Lincoln's Birthday

3.8.5.4. Third Monday in February - Washington's Birthday

3.8.5.5. May 8 - Truman's Birthday

3.8.5.6. Last Monday in May-Memorial Day

3.8.5.7. June 19th – JuneTeenth

3.8.5.8. July 4 - Independence Day

3.8.5.9. First Monday in September - Labor Day

3.8.5.10. Second Monday in October-Columbus Day

3.8.5.11. November 11 - Veteran's Day

3.8.5.12. Fourth Thursday in November - Thanksgiving Day

3.8.5.13. December 25 - Christmas Day

3.8.6. When any of the above holidays falls on a Sunday, the holiday will be observed on the following Monday; when any of the above holidays falls on a Saturday, the holiday will be observed on the immediately preceding Friday.

3.8.7. Contractor will not be required to provide dozers, loaders, motor graders, or other equipment for shaping of stockpiles, constructing ramps or runways, or leveling of the top of a completed lift, unless otherwise noted herein.

3.8.8. During construction/maintenance seasons, many maintenance buildings work four day, ten hour shifts and deliveries may not be made on the off days for those buildings.

3.11 Liquidated Damages

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In the event the successful Contractor fails to deliver the material within the time specified, the Department and the public will sustain damages because of such delay in delivery, the exact extent of which would be difficult to ascertain, and in order to liquidate such damage in advance it is agreed that the sum of $250 per day, per item, for each assessable calendar day on which the delivery has not been completed, is reasonable and the best estimate which the parties can arrive at as liquidated damages, and it is therefore agreed that said amount will be withheld from payments due the Contractor or otherwise collected from the

Contractor as liquidated damages.

3.11.1 Saturdays, Sundays, holidays and days whereas the Department has suspended work shall not be assessable days.

3.12 General Services Specifications (MGS)

All materials, equipment, and/or services bid must comply with the Specification shown below and any other provisions outlined in the solicitation documents. The material to be supplied shall comply with the quality requirements of the current edition of the Missouri Standard Specifications for Highway Construction and any revisions thereto, unless modified by these specifications.

Spec. CC

Clean Cinders: Screened Wet Bottom Boiler Slag and/or Air Cooled Blast Furnace Slag, preferably black/brown in color. Washing of the material may be done, but is not required. Material must be screened so nothing exceeds a 1/8” maximum size and cleaned so fines are less than 3% passing the No. 200 sieve. Subject to visual approval by a MoDOT representative.

It is not required, but questions about the acceptability of a potential product/source or to inquire about submitting a product sample for pre-approval prior to bid submission, contact Jennifer

Hinson, MoDOT Northeast District Maintenance and Traffic Engineer, at 573-406-8023.

3.14 Increase or Decrease Quantities

The quantities listed are MoDOT's best estimate of needs at the time of the solicitation posting. MoDOT reserves the right to increase or decrease quantities. The final quantity ordered by MoDOT shall be furnished at the unit price bid.

3.17 Insurance - General Delivery / Drop Off Services

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The Contractor shall acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect the MHTC, including its members and department employees, against any such loss, damage and/or expense related to performance under the contract. Self-insurance coverage or another alternative risk financing mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable and the MHTC and the Missouri Department of Transportation are protected as an additional insured.

General and other non-professional liability insurance shall include an endorsement that adds the

MHTC and the Missouri Department of Transportation as an additional insured.

In the event any insurance coverage is canceled, MHTC must be notified within forty-five (45) calendar days. The address for Additional Insured status on the certificate of insurance or endorsement shall be: MHTC/MoDOT, 105 W. Capitol Avenue, PO Box 270, Jefferson City, MO

65102

3.18 Material Inspection and Material Delivery

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3.18.1 Material shall conform to the 2023 Missouri Standard Specification for Highway

Construction.

3.18.2 Section 1001.14 Aggregate Quality Control/Quality Assurance. Aggregate produced under an approved MoDOT QC/QA program will be accepted on that basis. All other aggregates are subject to the department's conventional inspection and acceptance procedure. All mine tailing shall meet the requirements of Section 1001.12 Mining By-Product Aggregates.

3.18.3 MoDOT reserves the right to inspect the material at the point of manufacture, intermediate storage point, or at a destination which shall be at the discretion of MoDOT.

3.18.4 In the event the supplier fails to provide material in accordance with the attached District

Specifications, the supplier shall understand and agree that MoDOT shall solely determine the percentages of deduction which shall be assessed against the supplier for noncompliance, and such shall be final and without recourse.

a. If the requirements are not met, a reduction of 20% could apply to each testing category.

b. The total amount of any combined deductions shall not exceed 60% of the total invoiced amount.

c. It shall be the responsibility of the Contractor to remove all rejected material from state property immediately upon notice that the material has been rejected. Any rejected material, deemed to be inappropriate by MoDOT, and not picked up by the bidder within 72 hours after being notified may be disposed of by MoDOT as deemed appropriate.

d. All costs for the disposal of this material shall be withheld from payments due to the Contractor of the rejected material.

e. Deliveries that do not meet specifications may be accepted at the State Maintenance Director's discretion. The State Maintenance Director or the engineer's representative shall have the final acceptance or rejection authority.

3.18.5 Delivery shall be to the applicable MoDOT locations(s) specified in the pricing pages.

3.18.6 The starting date is upon receipt of Purchase Order/Notice To Proceed and the completion date shall be as noted on the Purchase Order/Notice to Proceed.

3.18.7 Belly dumps are prohibited from use for delivery with this contract, unless authorized by the

District.

3.18.8 Ordered quantities not delivered by contract completion date may be subject to cancellation by MoDOT.

3.19 Ticket Requirements

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3.19.1 The Bidder's printer must be capable of keeping and printing cumulative totals for each item number in the contract. The Bidder’s printer shall produce a ticket in triplicate to accompany each truckload and shall be furnished to MoDOT. The ticket shall include the following information: a.

Gross, tare and net weight (masses) b. Identification of vehicle c. Current date and time d.

MoDOT's purchase order number e. Unique ticket number (may be preprinted on ticket) f. Item, specification designation and location.

3.19.2 In the event the Bidder lacks the ability to print a ticket, a manual ticket must be furnished with the approval of MoDOT's authorized representative.

3.19.3 In the event of automatic ticket failure, the Bidder may be permitted, without approval from the authorized representative, to furnish manually written tickets to complete that day's operation.

3.19.4 The Bidder shall understand and agree that vehicle scales shall adhere to section 310.4 of the Missouri Standard Specifications for Highway Construction, 2023 Edition. Per section 310.5.3

Measurement by Weight shall be made by weighing each truck load on scales in accordance with section 310.4. Deductions shall be made for any moisture in excess of 2.0 percent of the dry weight of the material. After deduction for excess moisture has been made, measurement shall be made to the nearest ton for the total tonnage of material accepted.

3.19.5 The Bidder shall issue a ticket to all trucks hauling material adhering to section 404.2.13 of the Missouri Standard Specifications for Highway Construction, 2023 Edition.

Evaluation, Award, and Payment

4.1 Evaluation

4.1.1 Bids shall be reviewed to determine if the bid complies with the mandatory requirements, and to determine the lowest responsive bid meeting specifications.

4.1.2 Objective Evaluation of Cost - The cost evaluation shall be conducted in the following manner: a. The firm, fixed unit prices given in the line item detail shall be used in evaluation of this bid.

4.2 Award

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4.2.1 Award of this IFB will be made on an “All or Nothing” basis.

4.2.2 Determination of Responsiveness - Any proposal which does not comply with the mandatory requirements of the IFB, shall be deemed as non-responsive and shall not be considered for an award.

4.2.3 Determination of Responsibility and Reliability - MoDOT shall determine the responsibility and reliability of the lowest responsive Bidder a. MoDOT reserves the right to reject any proposal for reasons which may include but not necessarily be limited to:

(1) failure of the Bidder to meet mandatory general performance specifications; and/or

(2) failure of the Bidder to meet mandatory technical specifications; and/or

(3) receipt of any information, from any source, regarding delivery of unsatisfactory product or service by the Bidder within the past three years.

a. As deemed in its best interests, the MHTC reserves the right to clarify any and all portions of any

Bidder's offer.

b. If the lowest responsive Bidder is determined to not be responsible and reliable, MoDOT shall conduct a determination of responsibility and reliability for the next lowest responsive Bidder.

4.2.4 Determination of Award - The contracts will be awarded to the lowest and responsive Bidders determined as specified herein.

4.2.5 MoDOT reserves the right to reject any or all bids and no award is final until formally approved by MoDOT.

4.2.6 It is the sole responsibility for all Bidders to check the MissouriBUYS website for bid results.

4.3 Additional Invoicing and Payment Terms

4.3.1 Each invoice should be itemized in…