MODOT 0000000433SL_SUPPLIER.pdf
PDF 487 KB Posted
- Solicitation number
- 300000291273745
- Issued by
- Missouri
About this file
This Invitation for Bid (IFB) document is issued by the Missouri Department of Transportation (MoDOT) and the Missouri Highways and Transportation Commission (MHTC) to establish multiple Time-and-Material Price Agreements for maintenance and repair of mechanical-HVAC controls. The solicitation covers services to be provided statewide across 37 Missouri counties, divided into Southwest (SW) and Southeast (SE) districts, with bidders able to bid on specific counties or regions as desired. Services include both spontaneous service calls for HVAC control failures and planned maintenance projects typically valued at $50,000 or less, with emergency response required within six hours of notification. The bid submission deadline is November 12, 2026, at 2:00 PM Central Time, with the solicitation opening on October 23, 2026, at 10:00 AM. No pre-bid conference or site tour is scheduled. The contract period commences on the executed contract date through June 30, 2029, with MoDOT retaining the right to extend for up to two additional one-year periods at its sole discretion.
Pricing is submitted on a Time-and-Material basis with bidders providing fixed hourly maintenance rates for each county and a supplies markup percentage not to exceed 15 percent. Payment terms are Net 45 days, with freight on an FOB destination basis, prepaid and allowed. The contractor must maintain general liability insurance of at least $600,000 per occurrence and $4,000,000 aggregate, business automobile liability coverage at the same limits, and Missouri State Workers' Compensation coverage with $1,000,000 employer's liability insurance. A contract bond equal to the contract price is required upon execution. Bidders are encouraged to utilize minority business enterprise (MBE) and women business enterprise (WBE) subcontractors, and Service-Disabled Veteran Business Enterprise (SDVE) participation is also encouraged. Required documentation includes completed E-Verify Memorandum of Understanding, proof of lawful presence affidavits for sole proprietorships and partnerships, certificates of insurance, and OSHA 10-hour construction safety training certification for all on-site employees. All bidders must be registered in MissouriBUYS and submit responses electronically through that platform.
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| File | Type | Posted |
|---|---|---|
| MoDOT District Map.pdf |
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Text version
INVITATION FOR BID (IFB) MODOT 0000000433SL
If you have any questions, please contact:
Procurement Entity State of Missouri
Buyer LOGAN WILBERS Location
Phone Fax
E-mail Logan.Wilbers@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. M/WBE Participation
2.2 Section 2. SDV/E Preference
2.3 Section 3. DocuSign Information
2.4 Section 4. Required Completed Documents
3 Lines
3.1 Line Information
3.2 Line Details
3.2.1 Line 1
3.2.2 Line 2
3.2.3 Line 3
3.2.4 Line 4
3.2.5 Line 5
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3.2.70 Line 70
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3.2.72 Line 72
3.2.73 Line 73
3.2.74 Line 74
4 Contract Terms
1 Overview
1.1 General Information
Title (IDC) Maintenance and Repair of Mechanical-HVAC Controls
Synopsis MoDOT seeks to establish multiple Time-and-Material Price Agreement(s) for the possible procurement of maintenance and repair of mechanical-HVAC controls.
The pricing being solicited under this Invitation to Bid are for services to be rendered to the Missouri Highways and Transportation Commission (MHTC) and Missouri Department of Transportation (MoDOT). The award period shall commence on executed contract date through June 30, 2029. MoDOT has the right, at its sole discretion, to extend the contract period for up to two (2) additional one-year periods, or any portion therein. If the option for renewal is exercised by MoDOT, the bidder shall agree to all terms and conditions of the IFB and all subsequent amendments.
Buyer LOGAN WILBERS Outcome Blanket Purchase Agreement
E-Mail Logan.Wilbers@modot.
mo.gov
1.2 Schedule
Close Date 11/12/2026 2:00 PM Open Date 10/23/2026 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 MoDOT District Map.pdf File
2 Requirements *Response is required
M/WBE Participation 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.
SDV/E Preference Service-Disabled Veteran (SDV) is defined as any individual who is disabled as certified by the appropriate federal agency responsible for the administration of veterans' affairs. A Service- Disabled Veteran Business (SDVE) is defined as a business whereby not less than fifty-one (51) percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than fifty-one (51) percent of the stock of which is owned by one or more service-disabled veterans; and the management and daily business operations of which are controlled by one or more service-disabled veterans.
DocuSign Information MoDOT utilizes DocuSign as the method to secure electronic signatures for all contract agreements.
Documents Required to be Completed by Suppliers Specific exhibits, affidavits and various documents should be attached that require completion in order for bid response to be considered for award.
2.1 Section 1. M/WBE Participation
*1. List all certified M/WBE vendors utilized in the fulfillment of this bid. If not applicable, enter N/A in the required field.
2.2 Section 2. SDV/E Preference
*1. List the names and addresses of an SDV or SDVE providing products or services in relation to this bid. If not applicable, enter N/A in the required field.
2.3 Section 3. DocuSign Information
*1. Provide the name, e-mail address, and cell phone number of the person(s) authorized to sign an agreement resulting from this solicitation.
2.4 Section 4. Required Completed Documents
*1. The following required information should be submitted as an attachment to the submitted bid. The forms, if not, attached, must be provided upon contract award.
1. Completed and signed forms:
a. Exhibit A - Annual Worker Eligibility Verification Affidavit
i. Bidder should provide a copy of their E-Verify Memorandum of Understanding
b. Exhibit B - Affidavit of Lawful Presence for Sole-Proprietorship or Partnership
2. Bidders should provide a copy of their Certificate of Insurance.
Attachments:
File Name or URL Type Description Exhibit A and B.pdf File
Response attachments are required.
3 Lines Instructions Maintenance Hourly Rate:
Bidders must state their fixed hourly rate. See section 5.4 for further explanation
(HUR)
Supplies Mark-Up:
Percentage (Max. 15%) Entry of 10%=110%. See section 5.4 for further explanation (LS)
The vendor should enter a $1.00 on the "Fixed Hourly Maintenance Rate" for a given county they wish to NO BID. You are NOT required to bid every county, only where you wish to work.
Note: The system requires a response on every line item to avoid submission error.
3.1 Line Information
Line Estimated Quantity
UOM Response Price
Line Amount
Response Minimum
Release Amount
1-SW Barry DOL
LAR
2-SW Barry Mark-Up
PER
CEN
T
3-SW Barton DOL
4-SW Barton
PER
5-SW Benton DOL
6-SW Benton
PER
7-SW Cedar DOL
8-SW Cedar
PER
9-SW Dade DOL
10-SW Dade
PER
11-SW Hickory DOL
Quantity
UOM Response Price
Line Amount
Response Minimum
Release Amount
12-SW Hickory Mark-Up
PER
13-SW McDonald DOL
14-SW McDonald
PER
15-SW Newton DOL
16-SW Newton
PER
17-SW St. Clair DOL
18-SW St. Clair
PER
19-SW Stone DOL
20-SW Stone
PER
21-SW Taney DOL
22-SW Taney
PER
23-SW Vernon DOL
24-SW Vernon
PER
25-SE Bollinger DOL
26-SE Bollinger
PER
27-SE Butler DOL
28-SE Butler
PER
29-SE Cape Girardeau
DOL
Quantity
UOM Response Price
Line Amount
Response Minimum
Release Amount
30-SE Cape Girardeau Mark- Up
PER
31-SE Carter DOL
32-SE Carter
PER
33-SE Douglas DOL
34-SE Douglas
PER
35-SE Dunklin DOL
36-SE Dunklin
PER
37-SE Howell DOL
38-SE Howell
PER
39-SE Iron DOL
40-SE Iron Mark- Up
PER
41-SE Madison DOL
42-SE Madison
PER
43-SE Mississippi DOL
44-SE Mississippi
PER
45-SE New Madrid
46-SE New Madrid Mark-Up
PER
47-SE Oregon DOL
Quantity
UOM Response Price
Line Amount
Response Minimum
Release Amount
48-SE Oregon Mark-Up
PER
49-SE Ozark DOL
50-SE Ozark
PER
51-SE Pemiscot DOL
52-SE Pemiscot
PER
53-SE Perry DOL
54-SE Perry
PER
55-SE Reynolds DOL
56-SE Reynolds
PER
57-SE Ripley DOL
58-SE Ripley
PER
59-SE Scott DOL
60-SE Scott
PER
61-SE Shannon DOL
62-SE Shannon
PER
63-SE St.
Francois
64-SE St.
Francois Mark-Up
PER
65-SE St.
Genevieve
Quantity
UOM Response Price
Line Amount
Response Minimum
Release Amount
66-SE St.
Geneviene Mark- Up
PER
67-SE Stoddard DOL
68-SE Stoddard
PER
69-SE Texas DOL
70-SE Texas
PER
71-SE Wayne DOL
72-SE Wayne
PER
73-SE Wright DOL
74-SE Wright
PER
3.2 Line Details
3.2.1 Line 1 SW Barry
Category Name 72151200 - HEATING
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
Start Price (USD)
3.2.2 Line 2 SW Barry Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.3 Line 3 SW Barton
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.4 Line 4 SW Barton Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.5 Line 5 SW Benton
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.6 Line 6 SW Benton Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.7 Line 7 SW Cedar
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.8 Line 8 SW Cedar Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.9 Line 9 SW Dade
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.10 Line 10 SW Dade Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.11 Line 11 SW Hickory
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.12 Line 12 SW Hickory Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.13 Line 13 SW McDonald
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.14 Line 14 SW McDonald Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.15 Line 15 SW Newton
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.16 Line 16 SW Newton Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.17 Line 17 SW St. Clair
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.18 Line 18 SW St. Clair Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.19 Line 19 SW Stone
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.20 Line 20 SW Stone Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.21 Line 21 SW Taney
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.22 Line 22 SW Taney Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.23 Line 23 SW Vernon
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.24 Line 24 SW Vernon Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.25 Line 25 SE Bollinger
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.26 Line 26 SE Bollinger Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.27 Line 27 SE Butler
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.28 Line 28 SE Butler Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.29 Line 29 SE Cape Girardeau
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.30 Line 30 SE Cape Girardeau Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.31 Line 31 SE Carter
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.32 Line 32 SE Carter Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.33 Line 33 SE Douglas
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.34 Line 34 SE Douglas Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.35 Line 35 SE Dunklin
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.36 Line 36 SE Dunklin Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.37 Line 37 SE Howell
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.38 Line 38 SE Howell Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.39 Line 39 SE Iron
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.40 Line 40 SE Iron Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.41 Line 41 SE Madison
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.42 Line 42 SE Madison Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.43 Line 43 SE Mississippi
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.44 Line 44 SE Mississippi Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.45 Line 45 SE New Madrid
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.46 Line 46 SE New Madrid Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.47 Line 47 SE Oregon
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.48 Line 48 SE Oregon Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.49 Line 49 SE Ozark
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.50 Line 50 SE Ozark Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.51 Line 51 SE Pemiscot
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.52 Line 52 SE Pemiscot Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.53 Line 53 SE Perry
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.54 Line 54 SE Perry Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.55 Line 55 SE Reynolds
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.56 Line 56 SE Reynolds Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.57 Line 57 SE Ripley
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.58 Line 58 SE Ripley Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.59 Line 59 SE Scott
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.60 Line 60 SE Scott Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.61 Line 61 SE Shannon
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.62 Line 62 SE Shannon Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.63 Line 63 SE St. Francois
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.64 Line 64 SE St. Francois Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.65 Line 65 SE St. Genevieve
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.66 Line 66 SE St. Geneviene Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.67 Line 67 SE Stoddard
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.68 Line 68 SE Stoddard Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.69 Line 69 SE Texas
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.70 Line 70 SE Texas Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.71 Line 71 SE Wayne
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.72 Line 72 SE Wayne Mark-Up
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.73 Line 73 SE Wright
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
3.2.74 Line 74 SE Wright Mark-Up
AND COOLING AND
AIR
CONDITIONING
HVAC
CONSTRUCTION
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
4 Contract Terms
MODOT 0000000433SL
Contract Terms and Conditions
1. MoDOT STANDARD SOLICITATION PROVISIONS
1.1. Solicitation Authority
1.2. Bids / Quotes to be Submitted by Officer or Employee
1.3. MHTC Rights Reserved
1.4. Personal Privacy Protection Act Notification
2. MoDOT IFB GENERAL TERMS AND CONDITIONS
2.1. Definitions
2.2. Nondiscrimination
2.3. Contract/Purchase Order
2.4. Applicable Laws and Regulations
2.5. Open Competition and IFB Document
2.6. Preparation of Bids
2.7. Submission of Bids
2.8. Bid Opening
2.9. Preferences
2.10. Evaluation and Award
2.11. Executive Order
2.12. Cancellation of Contract
2.13. Bankruptcy or Insolvency
2.14. Warranty
2.15. Status of Independent Contractor
2.16. Non-Waiver
2.17. Indemnification
2.18. Right of Acceptance and/or Rejection
2.19. Inspection and Acceptance
2.20. Invoicing and Payment
2.21. Conflict of Interest
2.22. Tax Exempt Status
2.23. Anti-Discrimination Against Israel Act Certification
2.24. The Domestic Products Procurement Act
2.25. Drug Free Workplace
3. MoDOT IFB SPECIAL TERMS AND CONDITIONS
3.1. Insurance - Standard Liability Coverage
3.2. Bid Guaranty/Contract Bond
3.3. Subcontracting
3.4. Prohibition Of Employment Of Unauthorized Aliens
3.5. Construction Safety Program
3.6. Permits, Licenses and Safety Issues
3.7. Personal Protective Equipment
4. MoDOT FACILITIES PROJECT BIDDER REQUIREMENTS
4.1. Scope of Work
4.2. Additional Invoicing and Payment Terms
4.3. Proof of Competency of Bidder
4.4. Work Quality
4.5. Mobilization
4.6. Bid Category Omission
4.7. Written Questions
5. CONTRACT AWARD
5.1. Agreement Period
5.2. Award
5.3. Multiple Award
5.4. Pricing Explanation
5.5. Cost Evaluation
5.6. Renewal Period
5.7. Escalation Clause
5.8. General Requirements
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 Bids
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.
Email submissions may be permitted for the solicitation. If the vendor elects to submit via email, the vendor must submit each solicitation response in a separate email. Each email shall contain only one (1) submission and must include the solicitation number and title in the subject line. The required documents for that solicitation shall be attached to the email, which must be received by the buyer of record prior to the solicitation's closing 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 STANDARD SOLICITATION 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. Bids / Quotes to be Submitted by Officer or Employee
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
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 IFB GENERAL TERMS AND CONDITIONS
2.1. Definitions
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.
1. Addendum means a written official modification to an IFB.
2. Amendment means a written official modification to a contract.
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.
4. Bid end date and time and similar expressions mean the exact deadline required by the IFB for the receipt of bids.
5. Contract means the resulting agreement that has been executed by the successful bidder and the
Commission.
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.
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.
8. May means a certain feature, component, or action is permissible, but not required.
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.
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.
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.
12. Shall has the same meaning as the word must.
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.).
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.
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.
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. 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.
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. 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
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.
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. 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.
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/.
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).
https://missouribuys.mo.gov/.
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
Vendors must examine the entire IFB carefully. Failure to do so shall be at the vendor's risk.
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. 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.
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.
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.
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.
6. Prices shall include all packing, handling and shipping charges FOB destination, freight prepaid and allowed unless otherwise specified in the IFB.
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.
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
Registered suppliers 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. Suppliers 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 suppliers 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.
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. A bid submitted electronically by a registered supplier 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.
3. A bid submitted electronically by a registered supplier 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.
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.
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.
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.
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. 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.
2.10. Evaluation and Award
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.
1. Any pricing information submitted shall be subject to evaluation if deemed to be in the best interest of the MHTC.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
12. Any bid award protest must be received within ten (10) business days after the date of award in accordance with the requirements of 7 CSR 10-11.020 (10).
13. The final determination of contract award(s) shall be made by the MHTC.
2.11. 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.
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
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
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.
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. 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.
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…
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