MODOT KC 0000000070SL_SUPPLIER.pdf

REQUEST FOR QUOTATION (RFQ) MODOT KC 0000000070SL

If you have any questions, please contact:

Procurement Entity State of Missouri

Buyer JODY JORDAN Location

Phone Fax

E-mail JODY.JORDAN@MODOT.MO.GOV

State of Missouri

Missouri Department of Transportation

RESPONSES ARE DUE NO LATER THAN: Monday, September 14, 2026 @ 2:00 PM CENTRAL TIME

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

2 Requirements

2.1 Section 1. M/WBE Participation

2.2 Section 2. SDVE Preference

2.3 Section 3. Estimated Delivery Time

2.4 Section 4. Unit Brand and Model

2.5 Section 5. Required Exhibits

3 Lines

3.1 Line Information

3.2 Line Details

3.2.1 Line 1

3.2.2 Line 2

4 Appendix: Alternate Lines

4.1 Instructions for Alternate Lines

4.2 Alternate Lines Template

5 Contract Terms

1 Overview

1.1 General Information

Title Work Zone Trailer(s)

Synopsis The Missouri Department of Transportation Kansas City District is seeking vendors to supply Work Zone Trailer(s) that meets the attached minimum specifications.

The solicitation will be awarded on a firm, fixed pricing "lowest and best" basis.

The contract period is from date of award through 09/30/2027 with (2) two optional annual renewals.

Buyer JODY JORDAN Outcome Blanket Purchase Agreement

E-Mail JODY.

JORDAN@MODOT.MO.

GOV

1.2 Schedule

Close Date 9/14/26 7:00 PM Open Date 9/8/26 3:00 PM Time Zone Coordinated Universal

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 Immediate Freight Terms

Shipping Method FOB Solicitation Currency USD (US Dollar)

Price Precision 2

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.

Estimated Delivery Time Specify the estimated delivery lead time required to complete delivery in-full A.R.O. (After Receipt of Order).

Unit Brand and Model Specify the brand/model of the unit. If providing an alternate brand/model your response must include a copy of the unit's specification sheet along with notes outlining any differences between the two specifications.

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. SDVE 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. Estimated Delivery Time

*1. What is the delivery lead time A.R.O.?

2.4 Section 4. Unit Brand and Model

*1. Is an alternate brand/model of the unit(s) being offered?

Select one of the following:-

a. Yes

b. No

Respond to the following requirements if you selected option a. for requirement 1.

*1.a.1. What is the alternate Brand and Model of the unit(s)?

Note: You must attach a copy of the unit's specification sheet along with notes outlining any differences between the two specifications.

Response attachments are required.

Respond to the following requirements if you selected option b. for requirement 1.

*1.b.1. What is the Brand and Model of the unit(s)?

Response attachments are optional.

2.5 Section 5. Required Exhibits

*1. Required Exhibit N Buy American Form

Attachments:

File Name or URL Type Description Exhibit N Buy American Form

File

Response attachments are required.

Comments:

3 Lines

Instructions LINE ITEM (1) SPECIFICATIONS:

TRAFFIC CONTROL TRAILER DESIGNED FOR

LAYING CONES ON THE INTERSTATE, HIGHWAY

OR OTHER ROADWAYS

SINGLE HD 7000LB BRAKING AXLES (7,000 LB.

TOTAL AXLE WEIGHT CAPACITY)

LARGE CHANNEL DESIGN FOR STABILITY

LED SUBMERSIBLE TRAILER LIGHTING

PRESSURE TREATED WOODEN DECK STORAGE

LOW SIDE RAILS FOR ACCESS AND PASSING

CONES OR EQUIPMENT FOR SIDE DROP

ADJUSTABLE BALL MOUNT POINT

(2) 7'X12' STORAGE BOXES AND A STORAGE AREA

FOR VERTICAL SIGNS

SPARE TIRE AND CUSTOM MOUNT

LINE ITEM (2) SPECIFICATIONS:

CUSTOM-DESIGNED TRAFFIC CONTROL TRAILER

DESIGNED FOR LAYING CONES ON THE

INTERSTATE, HIGHWAY OR OTHER ROADWAYS

TANDEM HD 7000LB BRAKING AXLES (14,000 LB.

TOTAL AXLE WEIGHT CAPACITY)

LARGE CHANNEL DESIGN FOR STABILITY

OVERHEAD SAFETY HARNESS HOOK POINTS (8)

LARGE LOWER REAR SECTION TO AID IN EASY

LOADING AND PICKING CONES FROM ROADWAYS

DUAL FRONT ACCESS GATES WITH STEP ON

BOTH SIDES

LED SUBMERSIBLE LIGHTING

16' WOODEN DECK STORAGE PLUS 4' RAISED

EXPANDED METAL

ADJUSTABLE BALL MOUNT POINT

LOCKABLE WATERTIGHT CONTROL PANEL

(2) INTERIOR WORKING LIGHTS

(2) SIDE POD LIGHTS

(2) 35" LED STROBE LIGHT BARS ON FRONT AND

REAR

SPARE TIRE AND CUSTOM MOUNT

3.1 Line Information

Line Estimated Quantity

UOM Response Price

Line Amount

Response Minimum

Release Amount

1-Work Zone Trailer

(NUMBER1)

EAC

H

2-Work Zone Trailer (NUMBER 2)

EAC

H

3.2 Line Details

3.2.1 Line 1 Work Zone Trailer (NUMBER1)

To provide an alternate line, see appendix.

Category Name 25101907 - TRAILER, TRAVEL OR

CARAVAN

Item Revision Allow Alternate Lines Yes Alternate Line Provided Yes No

Target Minimum Release Amount (USD)

Start Price (USD)

3.2.2 Line 2 Work Zone Trailer (NUMBER 2)

To provide an alternate line, see appendix.

Category Name 25101907 - TRAILER, TRAVEL OR

CARAVAN

Item Revision Allow Alternate Lines Yes Alternate Line Provided Yes No

Target Minimum Release Amount (USD)

Start Price (USD)

4 Appendix: Alternate Lines

4.1 Instructions for Alternate Lines

Alternate lines are allowed for some solicitation lines. For these lines, you can propose one or more alternatives by entering information for each alternate line in the format given below. Print and insert multiple copies as per your requirement.

4.2 Alternate Lines Template

Solicitation Line (Number and description of the solicitation line for which you have an alternative)

Example:1-xxxxxx where xxxxxx is the line description of first solicitation line.

Alternate Line Number (Enter only numbers in sequence starting with 1 for every alternate line)

Alternate Line Description

Response Price (For a solicitation line with cost factors, enter your line price in the cost factors table)

Response Minimum Release Amount

Note to Buyer

5 Contract Terms

MODOT KC 0000000070SL

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 IFQ GENERAL TERMS AND CONDITIONS

2.1. Definitions

2.2. Non-Discriminination

2.3. Contract/Purchase Order

2.4. Applicable Laws and Regulations

2.5. Open Competition and IFQ Document

2.6. Preparation of Quotes

2.7. Submission of Quotes

2.8. Evaluation and Award

2.9. Preferences

2.10. Executive Order

2.11. Warranty

2.12. Status of Independent Contractor

2.13. Non-Waiver

2.14. Indemnification

2.15. Right of Acceptance and/or Rejection

2.16. Inspection and Acceptance

2.17. Invoicing and Payment

2.18. Conflict of Interest

2.19. Tax Exempt Status

2.20. Force Majeure

2.21. Drug Free Workplace

3. MODOT IFQ SPECIAL TERMS AND CONDITIONS

3.1. Delivery-Additional Requirements

3.2. Increase or Decrease Quantities

3.3. Insurance - General Delivery / Drop Off Services

3.4. Contract Period

3.5. Renewal Option

3.6. Escalation Clause

3.7. Detailed Specifications

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 be aware there are exhibits attached to the documentation of the attached IFB. Vendors should fill out and sign exhibit A and any others that apply. Vendors should attach the exhibits to their bid.

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.

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

The solicitation as it appears digitally on the MissouriBUYS website is the official document of record. It is incumbent on the Vendor to inspect and ensure any downloaded or printed version of the solicitation 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

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

1.4. Personal Privacy Protection Act Notification

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

2. MODOT IFQ 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. Non-Discriminination

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 the nondiscrimination provisions of this contract, MHTC shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

1. withholding of payments to the Contractor under the contract until the Contractor complies, and/or,

2. 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 IFQ 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 IFQ appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the IFQ to a single source. Any and all communication from vendors regarding specifications, requirements, competitive quote process, etc., must be directed to the IFQ Contact, unless the IFQ specifically refers the vendor to another contact.

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 quote process, all vendors will be advised, via the issuance of an addendum to the IFQ, of any relevant or pertinent information related to the procurement.

2. Vendors are cautioned that the only official position of the MHTC is that which is issued in the IFQ 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 IFQ is available for viewing and downloading on the MissouriBUYS Statewide eProcurement System.

Registered vendors are electronically notified of those quote 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 IFQ 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 quote opportunity when the IFQ was established and registered vendors who have responded to the IFQ on-line prior to an addendum being issued, should receive e-mail notification of the addendum(s). Registered vendors who received e- mail notification of the quote opportunity when the IFQ was established and registered vendors who have responded to the quote 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 IFQ.

2.6. Preparation of Quotes

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

1. Unless otherwise specifically stated in the IFQ, all specifications and requirements constitute minimum requirements. All quotes must meet or exceed the stated specifications and requirements.

2. Unless otherwise specifically stated in the IFQ, 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 quote. 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.

Quotes which do not comply with the requirements and specifications are subject to rejection without clarification.

3. Quotes lacking any indication of intent to quote 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 IFQ.

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

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

6. Quotes, including all pricing therein, shall remain valid for 90 days from end date and time unless otherwise indicated. If the quote is accepted, the entire quote, including all prices, shall be firm for the specified contract period.

7. 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 quote in order to be considered for award

2.7. Submission of Quotes

Registered vendors may submit quotes electronically through the MissouriBUYS Statewide eProcurement System at https://missouribuys.mo.gov/ or by delivery via facsimile, email or a hard copy to the Contact address shown on the Solicitation General Header Information. All quotes must

(1) be submitted by a duly authorized representative of the vendors organization, (2) contain all information https://missouribuys.mo.gov/.

required by the IFQ, and (3) be priced as required. It shall be the responsibility of the vendor to ensure their quote is received by MoDOT regardless of the submission method.

1. A quote submitted electronically by a registered vendor may be modified on-line prior to the official end date and time. A quote which has been delivered to the Purchasing 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 quote may also be modified in person, via e-mail facsimile by the vendor or its authorized representative, provided proper identification is presented before the official end date and time.

2. A quote submitted electronically by a registered vendor may be retracted on-line prior to the official end date and time. A quote 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 quote 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.

3. A quote may also be withdrawn after the quote 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 quote information that may cause irreparable harm to the vendor.

4. When submitting a quote electronically, the registered vendor indicates acceptance of all IFQ requirements, terms and conditions by clicking on the Accept button on the Overview tab. Vendors delivering a hard copy quote to Purchasing must sign and return the IFQ cover page or, if applicable, the cover page of the last addendum thereto in order to constitute acceptance by the vendor of all IFQ requirements, terms and conditions. Failure to do so may result in rejection of the quote unless the vendors full compliance with those documents is indicated elsewhere within the vendors response.

2.8. 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.

2.9. 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. 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.

2.11. 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.

2.12. 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.

2.13. 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.

2.14. 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.

2.15. 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.

2.16. 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.

2.17. Invoicing and Payment

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

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

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

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

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

5. The Contractor shall verify and update, if applicable, their vendor registration with their current remittance address and ACH-EFT payment information at prior to submitting a response. MHTC reserves the right to make contract payments to the Contractor through electronic funds transfer.

6. Upon a separate written request submitted along with the Contractor's response, the MHTC may elect to remit payment to the address listed in the contractor's MissouriBUYS (WebProcure/Proactis) vendor registration.

2.18. 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. The contractor further agrees that during the term of the contract neither the contractor nor any of its employees shall acquire any other contractual relationships which create such a conflict.

2.19. Tax Exempt Status

MHTC is exempt from paying Missouri Sales Tax, Missouri Use Tax and Federal Excise Tax. However, the Contractor may themselves be responsible for the payment of taxes on materials they purchase to fulfill the Contract.

2.20. Force Majeure

This contract is subject to force majeure, and is contingent on strikes, accidents, acts of God, weather conditions, inability to secure labor, restrictions imposed by any government or governmental agency, or other delays beyond the control of the parties. If completion of the work within the contract item is prevented by any cause of force majeure, then this contract shall be void without penalty to either party or for any such portion of the work not completed for such cause.

2.21. Drug Free Workplace

The Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplaces, including but not limited to the Drug-Free Workplace Act of 1988, and shall ensure that all Contractor employees working on State property will not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way.

3. MODOT IFQ SPECIAL TERMS AND CONDITIONS

3.1. Delivery-Additional Requirements

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

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

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

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

4. Unless otherwise specified, deliveries will be a minimum of 500 Tons Per Day. No deliveries will be made during the period from 30 minutes before sundown to sunrise. No deliveries will be made on Saturdays, Sundays and holidays unless specifically authorized by the department representative.

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

a. January 1 - New Year's Day

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

c. February 12-Lincoln's Birthday

d. Third Monday in February - Washington's Birthday

e. May 8 - Truman's Birthday

f. Last Monday in May-Memorial Day

g. June 19th – JuneTeenth

h. July 4 - Independence Day

i. First Monday in September - Labor Day

j. Second Monday in October-Columbus Day

k. November 11 - Veteran's Day

l. Fourth Thursday in November - Thanksgiving Day

m. December 25 - Christmas Day

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

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

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

3.2. Increase or Decrease Quantities

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

3.3. Insurance - General Delivery / Drop Off Services

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

General and other non-professional liability insurance shall include an endorsement that adds the MHTC and the Missouri Department of Transportation as an additional insured.

In the event any insurance coverage is canceled, MHTC must be notified within forty-five (45) calendar days. The address for Additional Insured status on the certificate of insurance or endorsement shall be:

MHTC/MoDOT, 105 W. Capitol Avenue, PO Box 270, Jefferson City, MO 65102

3.4. Contract Period

The contract period will be from Notice of Contract Award through September 30, 2027, with two (2) additional one-year renewal option periods or any portion thereof. If the option for renewal is exercised by MoDOT, the contractor shall agree to all terms and conditions of the IFB and all subsequent amendments.

Renewal options are at the sole discretion of MoDOT.

3.5. Renewal Option

If the option for renewal is exercised by MoDOT, the Contractor shall agree to all terms and conditions of the IFB and all subsequent amendments. Additionally, in the event MoDOT exercises its option to renew the contract, the requirements for future months shall remain the same. The contractor shall understand and agree MoDOT does not automatically grant a price increase at the time of renewing the contract. In the event a price increase is granted due to an approved escalation, the renewal shall be based upon the current contract value.

3.6. Escalation Clause

In the event the Contractor requests a price increase during the contract period (original contract period or contract renewal period), the Contractor must provide a written request and documentation justifying the need for a price increase, and the amount of such price increase. MoDOT will review the Contractor's written request and documentation and decide if a price increase is to be granted. The Contractor shall understand and agree, MoDOT's decision shall be final and without recourse.

1. No price increase shall be granted during the first six (6) months of the original contract period, or if applicable, first six (6) months of a contract renewal or escalation.

2. No price increase shall be granted on goods or services already obligated by a Purchase Order or State issued P Card.

3.7. Detailed Specifications

3.6.1LINE ITEM (1) SPECIFICATIONS:

Traffic Control Trailer Designed for Laying Cones on the Interstate, Highway or Other Roadways

Single HD 7000lb Braking Axles (7,000 lb. Total Axle Weight Capacity)

Large Channel Design for Stability

LED Submersible Trailer Lighting

Pressure Treated Wooden Deck Storage

Low Side Rails for Access and Passing Cones or Equipment for Side Drop

Adjustable Ball Mount Point

(2) 7'x12' Storage Boxes and a Storage Area for Vertical Signs

Spare Tire and Custom Mount

3.6.2 LINE ITEM (2) SPECIFICATIONS:

Custom-Designed Traffic Control Trailer Designed for Laying Cones on the Interstate, Highway or Other Roadways

Tandem HD 7000lb Braking Axles (14,000 lb. Total Axle Weight Capacity)

Large Channel Design for Stability

Overhead Safety Harness Hook Points (8)

Large Lower Rear Section to Aid in Easy Loading and Picking Cones from Roadways

Dual Front Access Gates With Step on Both Sides

LED Submersible Lighting

16' Wooden Deck Storage Plus 4' Raised Expanded Metal

Adjustable Ball Mount Point

Lockable Watertight Control Panel

(2) Interior Working Lights

(2) Side Pod Lights

(2) 35" LED Strobe Light Bars on Front and Rear

Spare Tire and Custom Mount