MODOT 0000000279SL_SUPPLIER.pdf

REQUEST FOR PROPOSAL (RFP) MODOT 0000000279SL

If you have any questions, please contact:

Procurement Entity State of Missouri

Buyer MELISSA HARBIAN Location

Phone Fax

E-mail MELISSA.HARBIAN@MODOT.MO.GOV

State of Missouri

Missouri Department of Transportation

Responses are preferred to be submitted electronically via MissouriBUYS, powered by MOVERS.

ATTENTION:

1. After reviewing the solicitation, the vendor must complete and return all necessary exhibits.

2. Due to lead times for obtaining the information needed to complete the various Business Compliance

Exhibits herein as explained in the solicitation's Supplier Response Exhibits, suppliers are encouraged to IMMEDIATELY begin securing these verifications.

3. The supplier must be registered in MissouriBUYS (Powered by MOVERS) to be considered for contract award.

INSTRUCTIONS:

1. From the Table of Contents on the left-hand side of this screen, navigate to the Contract Terms section and click the Download Contract button to review the solicitation terms in its entirety.

2. Navigate to the Lines and Requirements sections to review and download any available attachments.

3. Click Create Response to enter your response.

Table of Contents

1 Overview

1.1 General Information

1.2 Schedule

1.3 Additional Information

1.4 Solicitation Controls

1.5 Terms

1.6 Attachments

2 Requirements

2.1 Section 1. Required Exhibits

3 Lines

3.1 Line Information

3.2 Line Details

3.2.1 Line 1

4 Contract Terms

1 Overview

1.1 General Information

Title Insurance Broker of Record Services

Synopsis This Request for Proposal seeks prospective qualified Insurance Brokerage firms to provide access to insurance markets at the request of MoDOT and other Insurance/Risk Management related consulting services to the Commission and MoDOT, as set forth in this RFP. Proposals in the required format provided for in this RFP must be submitted electronically via the MissouriBUYS MOVERS website and received on or before 2:00pm CST, June 16, 2026.

Buyer MELISSA HARBIAN Outcome Blanket Purchase Agreement

E-Mail MELISSA.

HARBIAN@MODOT.MO.

GOV

1.2 Schedule

Close Date 06/16/2026 2:00 PM Open Date 05/12/2026 10:00 AM Time Zone Central Time

1.3 Additional Information

Pre-Bid/Pre-Proposal Conference Date and Time 00+00:00

Pre-Bid/Pre-Proposal Conference Location Tour Date and Time 00+00:00

Tour Location Tour Contact Name

Tour Contact Phone # Tour Contact Email

1.4 Solicitation Controls

Response Visibility Sealed

Lines Settings Rank Indicator No indicator displayed

Ranking Method Multiattribute scoring

1.5 Terms

Agreement Start Date Agreement End Date Agreement Amount

(USD)

Minimum Release

Amount (USD) Payment Terms Net 45 Freight Terms

Shipping Method FOB Solicitation Currency USD (US Dollar)

Price Precision 2

1.6 Attachments

File Name or URL Type Description Exhibit 4 - Pricing Pages.docx File

2 Requirements *Response is required

Offeror should complete and attach the following Exhibits and type "complete" in the text field.

2.1 Section 1. Required Exhibits

*1. Exhibit 1 - Annual Worker Eligibility Affidavit If this does not apply to your company, attach and respond n/a.

Attachments:

File Name or URL Type Description Exhibit 1 - Annual Worker Elig

File

Response attachments are required.

Comments:

*2. Proof of Lawful Presence for Sole Proprietorships and Partnerships If this does not apply to your company, attach and respond n/a.

Attachments:

File Name or URL Type Description Exhibit 2 - SOLE-

PROPRIETORSHI

File

Response attachments are required.

Comments:

*3. Anti-Discrimination Against Israel Act Certification

Attachments:

File Name or URL Type Description Exhibit 3 - Anti- Discriminatio

File

Response attachments are required.

Comments:

*4. Pricing Page

Attachments:

File Name or URL Type Description Pricing Pages.docx File

Response attachments are required.

Comments:

3 Lines Instructions Suppliers must enter $1.00 in the price field and submit Exhibit 4 - Pricing Page with detailed pricing.

3.1 Line Information

Line Estimated Quantity

UOM Response Price

Line Amount

Response Minimum

Release Amount

1-Insurance Broker of Record Services

HOU

R

3.2 Line Details

3.2.1 Line 1 Insurance Broker of Record Services

Category Name 84131520 -

INSURANCE

BROKING FEES

AND COMMISSION

Item Revision Allow Alternate Lines No

Target Minimum Release Amount (USD)

Start Price (USD)

4 Contract Terms

MODOT 0000000279SL

Contract Terms and Conditions

1. MODOT RFP STANDARD PROPOSAL PROVISIONS

1.1. Solicitation Authority

1.2. Proposals to be Submitted by Officer or Employee

1.3. MHTC Rights Reserved

1.4. Personal Privacy Protection Act Notification

2. MODOT RFP PROPOSAL CERTIFICATION

2.1. Fee Proposal

2.2. Offeror's Certifications

3. MODOT RFP GENERAL DESCRIPTION AND BACKGROUND

3.1. General Description

3.2. Background

3.3. Contract Period

3.4. Renewal Period

3.5. Schedule of Events

4. MODOT RFP SCOPE OF WORK AND SPECIFIC SERVICES

4.1. Scope of Work

4.2. Specific Services

5. MODOT RFP REQUIRED ELEMENTS OF PROPOSAL AND SUBMISSION

5.1. Required Elements of Proposal

5.1.1. Experience, Expertise and Reliability of Proposed Insurance Broker

5.1.2. Proposed Method of Performance

5.1.3. Proposed Projected Cost of Consulting Based on Hourly Rate and Projected Annual Utilization

5.1.4. References

5.1.5. Proposal Evaluation

5.2. Submission of Proposals

5.2.1. Electronic Proposal Format

5.2.2. Hard Copy Proposal Format

5.2.3. Signatures

5.2.4. Pricing

5.2.5. Proposal Life

5.2.6. Submission of All Information Required

5.2.7. Public Inspection

5.2.8. Clarification of Requirements

5.2.9. Initial Screening

5.2.10. Official Position of MHTC

6. MODOT RFP EVALUATION FACTORS AND PROCESS

6.1. Evaluation Factors

6.1.1. Evaluation Criteria

6.1.2. Historic Information

6.1.3. Responsibility to Submit Information

7. MODOT RFP TERMS AND CONDITIONS

7.1. Agreement Components

7.2. RFP Contact

7.3. Assignment

7.4. Amendments

7.5. Disputes

7.6. Successors and Assigns

7.7. Sole Beneficiary

7.8. Cancellation of Resulting Agreement

7.9. Bankruptcy

7.10. Status of Independent Contractor

7.11. Subcontractor

7.12. Nondiscrimination

7.13. Executive Order

7.13.1. Incorporation of Provisions

7.13.2. Failure to Comply

7.13.3. Offeror's Certification

7.14. Non-employment of Unauthorized Aliens

7.14.1. Enrollment in Federal Work Authorization Program

7.14.2. Annual Worker Eligibility Affidavit

7.15. Proof of Lawful Presence for Sole Proprietorships and Partnerships

7.16. Requirements to do Business in Missouri

7.16.1. Registration with Secretary of State

7.16.2. Transient Employer Certificate

7.17. Law of Missouri to Govern

7.18. Venue

7.19. Ownership of Records

7.20. Release to Public/Confidentiality

7.21. Prohibition Against Kickbacks and Gratuities/Non-solicitation

7.22. Preferences

7.23. Conflict of Interest

7.24. Audit of Records

7.25. Indemnification

7.26. Insurance

7.27. Section Headings

7.28. Severability

7.29. No Adverse Inference

7.30. Anti-Discrimination Against Israel Act Certification

7.31. The Domestic Products Procurement Act

7.32. Drug Free Workplace

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.

VENDOR'S INSTRUCTIONS

Submission of Proposals

Vendors should complete and attach all applicable exhibits.

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.

SOLICITATION REQUIREMENTS

Instructions for Submitting a Response

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. 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 "Supplier Register" button at the top of the page, and completing the Vendor Registration.

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 https://www.mo.gov/privacy-policy/ the solicitation 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.

1. MODOT RFP STANDARD PROPOSAL PROVISIONS

1.1. Solicitation Authority

The solicitation for the procurement of services referenced therein, is being issued under, and 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/Commission), acting by and through its operating arm, the Missouri Department of Transportation (MoDOT), draws the Offeror's attention to said 7 CSR 10-11 for all the provisions governing solicitation and receipt of proposals and the award of the contract pursuant to this solicitation.

1.2. Proposals to be Submitted by Officer or Employee

All proposals must be submitted by a responsible officer or employee of the firm. Obligations assumed by such submission must be fulfilled.

1.3. MHTC Rights Reserved

MHTC reserves the right to reject any and all proposals for any reason whatsoever. Time is of the essence for responding to the RFP within the submission deadlines.

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.

2. MODOT RFP PROPOSAL CERTIFICATION

2.1. Fee Proposal

The Offeror shall provide a fee proposal to MHTC in accordance with the terms of this Request for Proposal (RFP). All services shall be performed at the fees offered and in accordance with the terms of this RFP.

2.2. Offeror's Certifications

By submission of the proposal, each Offeror, and in the case of a joint proposal, each party thereto as to its own organization, under penalty of perjury, certifies to the best of its knowledge and belief:

1. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or any competitor.

2. Unless otherwise required by law, the proposed prices have not been knowingly disclosed by the Offeror prior to the opening, directly or indirectly, to any other Offeror or to any competitor.

3. No attempt has been made or will be made by the Offeror to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

4. The Offeror certifies this proposal is made without any connection with any other person, firm, organization or business entity making a proposal for the same purpose, and is in all respects fair and without collusion or fraud, and that no elected official or other member, officer or employee or person whose salary is payable in whole or in part from the MHTC/MoDOT is directly or indirectly interested therein, or in any portion of the profits thereof.

3. MODOT RFP GENERAL DESCRIPTION AND BACKGROUND

3.1. General Description

This document constitutes a RFP from prospective qualified Insurance Brokerage Firms to provide access to insurance markets at the request of MoDOT, and other Insurance/Risk Management related consulting services to the Commission and MoDOT, as set forth in this RFP. It is the intent of this RFP to have the successful Offeror enter into an Agreement with MHTC (hereinafter Resulting Agreement), to supply said services as outlined herein.

3.2. Background

MoDOT operates as a customer focused and results driven, state agency under a decentralized organization structure with headquarters in Jefferson City, Missouri and is governed by the MHTC, a six (6) member Commission appointed by the Governor. The Central Office provides oversight and support to seven

(7) geographical districts primarily responsible for delivery of MoDOT's mission and tangible results. Each district contains approximately fifteen percent (15%) of the total road mileage in the state highway system.

MoDOT employs approximately five thousand one hundred (5,100) full-time employees. About eighty percent (80%) of those employees work in the seven (7) districts with the remainder working in the various divisions within the Central Office facility.

In 1987, the Missouri Highways and Transportation Commission authorized a formal Risk Management program whose objective was to establish within the existing organizational structure a Risk Management operation which would act on behalf on the Commission in the following areas: (1) Insurance and /or Self- Insurance (2) Safety and Health (3) Property Damage collection and Subrogation (4) Risk Assessment of other economic risks to the Commission.

MoDOT is fully self-insured and self-administered for workers' compensation, fleet vehicle liability and general liability. The self-insured programs are collectively known as the MoDOT self-insurance plan. The self-insurance plan is subject to annual actuarial review and currently does not maintain excess or umbrella coverage. However, excess property insurance is maintained.

3.3. Contract Period

The Contract Period for the performance of the services described in this RFP is from July 1, 2026 through June 30, 2029. The successful Offeror shall perform any and all the services listed herein as often as requested by MHTC for the entire duration of the Contract Period as defined herein at the Guaranteed- Not-To-Exceed Prices submitted by the successful Offeror in response to this RFP.

3.4. Renewal Period

The contract shall not bind, not purport to bind, the MHTC for any contractual commitment in excess of the original contract period. The Commission shall have the right, at its sole option, to extend the contract for two (2) additional one-year periods, or any portion thereof. In the event the Commission exercises its options to extend the contract, such extension must be accomplished by a formal contract amendment approved and signed by representatives of the Offeror and Commission, respectively, each of whom being duly authorized to execute the contract amendment on behalf of the Offeror and Commission, respectively.

3.5. Schedule of Events

Below is the schedule that will be followed. Unless otherwise specified, the time of day will be 7:30 a.m.

to 4:00 p.m. Central Time. MHTC reserves the right at its sole discretion to expand this schedule, as deemed necessary, without any notification except for the deadline date for submitting a proposal.

1. May 12, 2026 - Issuance of RFP

2. May 19, 2026 - Deadline for Offerors to submit written questions and requests for clarification to the MHTC Representative

3. May 22, 2026 - Issuance of Amendment with resolution to any questions submitted.

4. June 16, 2026 at 2:00pm CST - Deadline for submission of proposals and scheduled public reading of firm names of proposals received.

4. MODOT RFP SCOPE OF WORK AND SPECIFIC SERVICES

4.1. Scope of Work

The successful Offeror agrees to provide to MHTC the following services:

Access to insurance markets at the request of MHTC and Other Insurance/Risk Management related consulting services as further stated more specifically in this RFP.

4.2. Specific Services

The Offerors agree to perform specific services within the above stated scope of work to include, but not be limited to the following:

Insurance Marketing – The broker shall provide (at the request of the Safety and Emergency Management Director) the following insurance marketing services:

1. Determination of market assignment

2. Market analysis by line of coverage

3. Marketing desired coverage

4. Policy design

5. Policy document administration

6. Umbrella/excess coverage evaluation

Risk Management Consulting – The broker shall provide (at the request of the Safety and Emergency Management Director) the following risk management consulting services

1. Unbiased analysis of risk assumption versus risk transfer options

2. Self-insurance feasibility analysis

3. Program structure

Loss Prevention/Safety Consulting – The broker shall provide (at the request of the Safety and Emergency Management Director) the following loss prevention/safety consulting services:

1. Safety program evaluation

2. Industrial hygiene studies

3. Fire/Building Safety

4. Security including emergency response and business continuity planning

5. OSHA guidance

Technical Risk Management Services – The broker shall provide (at the request of the Safety and Emergency Management Director) the following technical risk management services:

1. Actuarial analysis/loss forecasting

2. Risk finance evaluation

3. Claims administration evaluation

4. Information Systems evaluation

5. MODOT RFP REQUIRED ELEMENTS OF PROPOSAL AND SUBMISSION

5.1. Required Elements of Proposal

Each Offeror shall provide a cover letter signed by an authorized firm representative stating he/she has read and understands all of the terms and conditions of doing business with MHTC in response to this request for proposal. The proposal must be divided into sections corresponding to the list of elements described below.

5.1.1. Experience, Expertise and Reliability of Proposed Insurance Broker

With regard to documenting its experience, expertise, and reliability in performing the requested services, the Offeror must provide information related to previous and current contractual relationships considered identical or similar in scope to the one anticipated to result between MHTC and the successful Offeror pursuant to this RFP. At a minimum, the following information must be provided:

1. Describe in detail your firm's expertise and experience in marketing insurance placements for governmental clients.

a. Identify what markets by line your firm utilizes.

b. Identify your five largest governmental clients for insurance placements.

2. Describe in detail your firm's expertise and experience in risk management consulting for governmental clients.

a. Identify the major areas of risk management consulting.

b. Identify the expertise your firm has on staff regionally.

c. Identify your five largest governmental clients for risk management consulting.

3. Describe in detail your firm's expertise and experience in providing loss prevention/safety consulting for governmental clients.

a. Identify the major areas loss prevention/safety of consulting.

b. Identify the expertise your firm has on staff regionally.

c. Identify your five largest governmental clients for risk management consulting.

4. Describe in detail your firm's expertise and experience in providing risk management technical services to governmental clients such as actuarial analysis/loss forecasting, risk finance evaluation, claim administration evaluation, risk management information system analysis.

a. List specific services your firm offers.

b. List specific products your firm offers.

c. Describe the expertise your firm regionally and nationally has.

d. Identify the five largest governmental clients your firm provides technical risk management services to.

5.1.2. Proposed Method of Performance

Each Offeror must present a written narrative demonstrating the method and/or manner in which it proposes to satisfy the requirements of this RFP. The language of the narrative shall be straightforward and limited to facts, solutions to the problems, and plans of proposed action as well as the timeline for completion of proposed action.

1. The narrative must include the following:

a. Insurance Marketing

b. Risk Management Consulting Services

c. Loss Prevention/Safety Consulting Services

d. Risk Management Technical Services

2. By reading the proposal, MHTC must be able to gain a comfortable grasp of the services to be provided and the methods proposed by the Offeror to provide them. A detailed explanation should be included to understand how the services comply with the requirements of this RFP.

3. In order to show feasibility, a timetable setting forth appropriate milestones shall be included in Offerors proposal, with sufficient detail explaining how the Offeror will meet those timelines/milestones.

5.1.3. Proposed Projected Cost of Consulting Based on Hourly Rate and Projected Annual Utilization

Offerors must complete the pricing information to this RFP as specifically directed therein and attach Exhibit 4.

5.1.4. References

Provide all references for which the Offeror firm provided services which are similar in nature to the services requested in this proposal over the past three (3) calendar years. MHTC reserves the right to determine which references to call and whether or not to call all references for all Offerors. The reference list should include:

1. The reference firm name, address, telephone number, and fax number.

2. List of reference firm owners names and addresses.

3. A brief description of services provided and location of work performed.

4. Dates of contract and/or performance of service.

5. A contact person familiar with the services provided including their name, address, email address and telephone number.

5.1.5. Proposal Evaluation

The proposals will be evaluated based on the adequacy of the Offeror's response in addressing each of the Required Elements of the Proposal listed above as well as any other evaluation methods referenced in this RFP.

5.2. Submission of Proposals

5.2.1. Electronic Proposal Format

If an Offeror (referred to here as registered vendor or vendor) is responding electronically through the MissouriBUYS System website, in addition to completing the on-line pricing, the registered vendor should submit completed exhibits, forms, and other information concerning the proposal as an attachment to the electronic proposal. The registered vendor is instructed to review the RFP submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing. Instructions on how a registered vendor responds to a bid on-line are available on the MissouriBUYS System website at: https://missouribuys.mo.gov/bidboard.html.

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 RFP, such vendor may submit a proposal 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 RFP, 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 RFP.

1. The exhibits, forms, and Pricing Page(s) provided herein can be saved into a word processing document, completed by a registered vendor, and then sent as an attachment to the electronic submission. Other information requested or required may be sent as an attachment. Additional instructions for submitting electronic attachments are on the

MissouriBUYS System website. Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any electronic attachments. Electronic copies of the proposal and electronic attachments should be searchable.

2. In addition, a registered vendor may submit the exhibits, forms, Pricing Page(s), etc., through mail or courier service. However, any such submission must be received prior to the specified end date and time.

3. If a registered vendor submits an electronic and hard copy proposal response and if such responses are not identical, the vendor should explain which response is valid. MHTC will consider the response with the terms most favorable to MHTC.

5.2.2. Hard Copy Proposal Format

If the vendor is submitting a proposal via the mail or a courier service or is hand delivering the proposal, the vendor should include completed exhibits, forms, and other information concerning the proposal (including completed Pricing Page(s) with the proposal. The vendor is instructed to review the RFP submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing.

1. The proposal should be page numbered and the signed page one from the original RFP and all signed addendums should be placed at the beginning of the proposal.

2. The vendor should include one (1) original proposal. The front cover of the original proposal should be labeled original.

5.2.3. Signatures

Any form containing a signature line in this RFP and any amendments, pricing pages, etc., must be manually signed and returned as part of the proposal.

5.2.4. Pricing

The Offeror is required to specify the pricing associated with this RFP as a firm fixed price. The successful Offeror will be responsible for performing all services listed in this RFP at the prices submitted. MHTC will not be liable for any charges beyond those detailed in the proposal.

1. MHTC shall not make any payment to the successful Offeror in advance of the services rendered by the successful Offeror.

2. Each Offeror is responsible for its own expense in preparing, delivering or presenting a proposal, and for subsequent interviews or negotiations with MHTC, if any, as provided for in this RFP.

5.2.5. Proposal Life

The Offeror must include a statement in the proposal that indicates the length of time during which MHTC may rely on all proposal commitments. All proposals made in response to this RFP and quoted pricing must remain in effect for a period of not less than 90 days after the date for proposal submission. Any proposal accepted by MHTC for the purpose of contract negotiations shall remain valid until superseded by a contract or until rejected by MHTC.

5.2.6. Submission of All Information Required

The Offerors must respond to this RFP by submitting all the information required herein for its proposal to be evaluated and considered for award. Failure to submit all the required information shall be deemed sufficient cause for disqualification of a proposal from consideration.

5.2.7. Public Inspection

The Offerors are hereby advised that all proposals and the information contained in or related thereto are subject to Missouri Open Records Act and after contract award and execution of the Resulting Agreement shall be open to public inspection and may be viewed and copied by any member of the public; therefore, MHTC does not assume any responsibility whatsoever in the event that such information is used or copied by individual persons or organizations.

1. Offerors claiming a statutory exception to the Missouri Open Records Act must clearly identify any confidential documents. The Offeror must also specify which statutory exception provision applies. MHTC reserves the right to make determinations of confidentiality. If MHTC does not agree that the information designated is confidential under one of the disclosure exceptions to the Missouri Open Records Act, it may either reject the proposal or discuss its interpretation of the allowable exceptions with the Offeror. If agreement can be reached, the proposal will be considered. If agreement cannot be reached, MHTC will remove the proposal from consideration for award and return the proposal to the Offeror.

2. MHTC will not consider prices to be confidential information.

3. The Offeror must submit its proposal based on the conditions contained in this paragraph without reservations.

5.2.8. Clarification of Requirements

It shall be the Offerors responsibility to ask questions, request changes or clarification, or otherwise advise MHTC/MoDOT if any language, specifications or requirements of the RFP appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the RFP to a single source.

1. Any and all communication from Offerors regarding specifications, requirements, competitive proposal, etc., must be directed to the RFP Contact listed herein, unless the RFP specifically refers the Offerors to another contact. Such communication shall be received by the date noted in the Schedule of Events.

2. Every attempt will be made to ensure that the Offeror receives an adequate and prompt response. However, in order to maintain a fair and equitable proposal process, all Offerors will be advised, via the issuance of an addendum to the RFP, of any relevant or pertinent information related to the procurement. Therefore, Offerors are advised that unless specified elsewhere in the RFP, any questions received after the listed date may not be answered.

5.2.9. Initial Screening

After an initial screening of the written proposals, any, or all of the Offerors submitting a proposal in response to this RFP may be required to give an oral presentation of their proposal. Additional technical information may be requested for clarification purposes, but in no way to change the original written proposal submitted. MHTC reserves the right, in its sole discretion, to decide to conduct interviews with any or all of the Offerors. MHTC reserves the right, in its sole discretion, to determine the interview method, format and location. If an interview is conducted, it is preferred that the interviewed Offeror's personnel to be assigned to the work, as well as key representatives, be present at and participate in the interview.

5.2.10. Official Position of MHTC

Offerors are cautioned that the only official position of the MHTC and MoDOT is that which is issued by MHTC in the RFP or an amendment thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement.

6. MODOT RFP EVALUATION FACTORS AND PROCESS

6.1. Evaluation Factors

The following factors shall be considered in the evaluation of the proposals:

6.1.1. Evaluation Criteria

Any agreement for services Resulting from this RFP shall be awarded to the Offeror providing the best proposal to MHTC. After determining responsiveness, proposals will be evaluated in accordance with the following criteria and maximum points per each criterion:

1. Projected cost of consulting based on hourly rate and projected annual utilization - 30 Maximum Points

2. Experience, expertise and reliability of proposed insurance broker - 45 Maximum Points

3. Proposed Method of Performance - 25 Maximum Points

6.1.2. Historic Information

MHTC reserves the right to consider historic information and facts, whether gained from the Offeror's proposal, presentations or interviews as applicable, references, or other sources, including but not limited to the listed subcontractors, in the evaluation process.

6.1.3. Responsibility to Submit Information

Each Offeror is cautioned that it is the Offeror's sole responsibility to submit information related to the evaluation criteria and MHTC is under no obligation to solicit such information if it is not included with the Offeror's proposal. Failure of the Offeror to submit such information may cause an adverse impact on the evaluation of the Offeror's proposal.

7. MODOT RFP TERMS AND CONDITIONS

7.1. Agreement Components

The Resulting Agreement between MHTC and the successful Offeror shall incorporate by reference as its components the following: the RFP and any written amendments thereto and the proposal submitted by the successful Offeror in response to the RFP. In case of a conflict between or inconsistency in the terms contained in the RFP and the proposal submitted by the Offeror in response to the RFP, the terms of the RFP shall govern. In the event of a conflict between or inconsistency in the terms of the RFP and the Resulting Agreement, the terms of the Resulting Agreement shall govern. MHTC reserves the right, in its sole discretion, to clarify any relationship in writing and such written clarification shall govern in case of any conflict with or inconsistency in the applicable requirements stated in the RFP and the successful Offeror's proposal.

7.2. RFP Contact

The Safety and Emergency Management Director is designated as MHTC's representative with authority to act on behalf of MHTC for the purpose of administering the Resulting Agreement. MHTC's representative may designate by written notice other persons having the authority to act on behalf of MHTC in furtherance of the performance of the Resulting Agreement. Each Offeror shall fully coordinate its activities with the designated representative and shall consult the MHTC representative regarding any problem arising out of the provision of the services to the MHTC pursuant to this RFP and the Resulting Agreement. As the work of the successful Offeror progresses, advice and information on matters covered by the Resulting Agreement shall be made available by the successful Offeror to the designated representative throughout the effective period of the Agreement. MHTC reserves the right to limit the authority of MHTC's representative provided herein as it deems necessary in its sole discretion at any time and from time to time throughout the duration of the RFP process and the Contract Period.

7.3. Assignment

The successful Offeror shall not assign, transfer, or delegate any interest in the services to be provided under this RFP and the Resulting Agreement without the prior written consent of the MHTC representative.

The successful Offeror may at its own expense employ clerical or technical assistance in the performance of the services under this RFP and the Resulting Agreement, such clerical and technical assistance provider being as fully bound as the Offeror to all confidentiality and work product provisions of this RFP and the Resulting Agreement.

7.4. Amendments

Any change in the Resulting Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment approved and signed by representatives of the successful Offeror and Commission, respectively, each of whom being duly authorized to execute the contract amendment on behalf of the successful Offeror and Commission, respectively.

7.5. Disputes

Disputes Under the RFP and Resulting Agreement: The MHTC representative, as applicable, will decide all questions which may arise as to the quality, quantity, and acceptability of any Offeror's proposals submitted in response to this RFP, and of the services under this RFP and the Resulting Agreement performed by the successful Offeror and as to the rate of progress of the services; all questions which may arise as to the interpretation of the services to be performed under this RFP and the Resulting Agreement; all questions as to the acceptable fulfillment of the Resulting Agreement on the part of the successful Offeror; the proper compensation for performance or breach of the Resulting Agreement; and all claims of any character whatsoever in connection with or growing out of the services to be performed or performed by the successful Offeror, whether claims under this RFP and the Resulting Agreement or otherwise. The decision of the MHTC representative, as applicable, shall be conclusive, binding, and incontestable.

7.6. Successors and Assigns

The Commission and the Offerors agree that this RFP and, as applicable, the Resulting Agreement as well as all agreements entered into under the provisions of this RFP, shall be binding upon the parties thereto and their successors and assigns.

7.7. Sole Beneficiary

The Resulting Agreement will be made for the sole benefit of the parties thereto and nothing in this RFP or the Resulting Agreement shall be construed to give any rights or benefits to anyone other than the Commission and the successful Offeror.

7.8. Cancellation of Resulting Agreement

MHTC may cancel the Resulting Agreement at any time by providing the successful Offeror with a written notice of cancellation. Should the Commission exercise its right to cancel the Resulting Agreement, cancellation will become effective upon the date specified in the notice of cancellation.

7.9. Bankruptcy

Upon filing for any bankruptcy or insolvency proceeding by or against any Offeror or assignee, whether voluntarily, or upon the appointment of a receiver for the benefit of creditors, the Commission reserves the right and sole discretion to reject the Offeror's proposal, or, as applicable, either cancel the Resulting Agreement or affirm the Resulting Agreement and hold the successful Offeror responsible for damages.

7.10. Status of Independent Contractor

The successful Offeror 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 MHTC or MoDOT.

Therefore, the successful Offeror shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, or other such benefits or obligations.

7.11. Subcontractor

Any Offeror's proposal must identify all subcontractors, if any, and outline the contractual relationship between the Offeror and each subcontractor. Either a copy of the executed subcontract or a letter of agreement over the official signature of the firms involved must accompany each proposal. MHTC must approve the successful Offeror's subcontracting any portion of the services to be provided under the Resulting Agreement. The successful Offeror is responsible for the performance of any obligations that may result from this RFP and the Agreement and shall not be relieved by the non-performance of any subcontractor.

7.12. 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.).

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:

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

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

7.13. 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.

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. 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.

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.

7.13.1. Incorporation of Provisions

The successful Offeror shall include the provisions of this paragraph in every subcontract. The successful Offeror 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.

7.13.2. Failure to Comply

In the event the Offeror 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 Offeror 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 reject the Offeror's proposal or, as applicable, impose such contract sanctions as it may determine to be appropriate, including but not limited to contract cancellation, termination or suspension in whole or in part or both.

7.13.3. Offeror's Certification

By signing the proposal to this RFP, the Offeror hereby certifies that any employee of the Offeror assigned to perform services herein is eligible and authorized to work in the United States in compliance with federal law.

7.14. Non-employment of Unauthorized Aliens

Pursuant to Section 285.530, RSMo., no business entity or employer shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri. As a condition for the award of any contract or grant in excess of five thousand dollars (5,000) by the State or by any political subdivision of the State to any Offeror, or for any Offeror receiving a state-administered or subsidized tax credit, tax abatement, or loan from the state, the Offeror shall:

7.14.1. Enrollment in Federal Work Authorization Program

By sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. E-Verify is an example of a federal work authorization program. The Offeror must affirm its enrollment and participation in the E-Verify federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by providing acceptable enrollment and participation documentation consisting of completed copy of the E-Verify Memorandum of Understanding (MOU). For Offerors that are not already enrolled and participating in a federal work authorization program, E-Verify is available at http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm.

7.14.2. Annual Worker Eligibility Affidavit

By sworn affidavit, affirm that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. Offerors are required to complete and submit with their proposal the affidavit referenced herein, which is provided within this document and attached as Exhibit 1.

7.15. Proof of Lawful Presence for Sole Proprietorships and Partnerships

If the Offeror is a sole proprietorship or partnership, pursuant to Section 208.009, RSMo., each sole proprietor and each general partner shall provide affirmative proof of lawful presence in the United States.

Such sole proprietorship or partnership is eligible for temporary public benefits upon submission by each sole proprietor and general partner of a sworn affidavit of his/her lawful presence on the United States until such lawful presence is affirmatively determined, or as otherwise provided by Section 208.009, RSMo. As applicable, Offerors are required to complete and submit with their proposals the copy of the affidavit referenced herein, which is provided within this document and attached as Exhibit 2.

7.16. Requirements to do Business in Missouri

http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm

Out-of-state Offerors must comply with the following requirements to do business in Missouri:

7.16.1. Registration with Secretary of State

The Offerors 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 execution of the Resulting Agreement, the successful Offeror shall submit to MHTC a copy of its current Authority Certificate from the Secretary of State of the State of Missouri and/or a copy of its Certificate of No Tax Due from the Missouri Department of Revenue.

7.16.2. Transient Employer Certificate

All out-of-state Offerors providing services within the State of Missouri must provide a copy of their current Transient Employer Certificate issued from the Missouri Department of Revenue. For assistance with obtaining a Transient Employer Certificate, please call the Missouri Department of Revenue at (573) 751-0459.

7.17. Law of Missouri to Govern

This RFP and the Resulting Agreement shall be construed according to the laws of the State of Missouri.

The Offeror shall comply with all local, state, and federal laws and regulations relating to this RFP and, if applicable, the performance of the Agreement.

7.18. Venue

It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this RFP or Resulting Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri.

7.19. Ownership of Records

All documents, reports, exhibits, etc., produced by the Offerors at the direction of MHTC's representative and information supplied by MHTC's representative shall remain the property of MHTC.

7.20. Release to Public/Confidentiality

No material or reports prepared by the successful Offeror shall be released to the public without the prior consent of MHTC's representative. The Offerors shall not disclose to third parties confidential factual matters provided by MHTC's representative except as may be required by statute, ordinance, or order of court, or as authorized by MHTC's representative. The Offerors shall notify MHTC immediately of any request for such information.

7.21. Prohibition Against Kickbacks and Gratuities/Non-solicitation

Any kickback, gratuity, or other payment by the Offeror to any person employed by or on behalf of the Commission is prohibited except when such payment is made pursuant to the express terms of this RFP and, as applicable, the Resulting Agreement. Each Offeror warrants that it has not employed or retained any company or person, other than a bonafide employee working for the Offeror, to solicit or secure this RFP and as applicable the Resulting Agreement, and that the Offeror has not paid or agreed to pay any company or person, other than a bonafide employee, a fee, commission, percentage, brokerage fee, gift, or other consideration, which is contingent upon or Resulting from the award of this RFP and, as applicable, the Resulting Agreement. For breach or violation of this warranty, the Commission shall have the right to reject the Offeror's proposal and, as applicable, annul the Resulting Agreement without liability, or in its discretion, to withhold or recover said amounts from the compensation due or paid under the Resulting Agreement.

7.22. 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.

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.

7.23. 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 or in any contract for the construction or maintenance of state highways or bridges, or the financing thereof.

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.