LEGAL NOTICE

INVITATION FOR FORMAL BID

IFB 26-080

For

CMAQ 7302 (708)

Rt N and Hopewell_Duello Intersection and Path Improvements For

ST. CHARLES COUNTY GOVERNMENT

ST. CHARLES, MISSOURI

St. Charles County is seeking bids for Rt N and Hopewell_Duello Intersection and Path Improvements. The vendor must guarantee the quoted prices for a period of Ninety (90) days.

IFB 26-080 Rt N and Hopewell_Duello Intersection and Path Improvements Transportation Planning

BID INSTRUCTIONS

One [1] signed original, one [1] signed copy, and one [1] digitized copy of the bid must be received in a sealed envelope, and designated in the lower left corner of the envelope with:

Sealed bid for: IFB 26-080 Rt N and Hopewell_Duello Intersection and

Path Improvements BIDDER’S Name: BIDDER’S Name BIDDER’S address: BIDDER’S address Date and Time of bid opening: September 8, 2026 at 2:00 PM

An authorized representative of the company/person submitting the statement of qualification must sign it in blue ink.

Bid must be submitted to the St. Charles County Finance Department, 201 North Second Street, Room 541, St. Charles, MO 63301 prior to 9/8/2026 at 2:00 PM. The bids will thereafter be publicly opened and read aloud in Room 116. All St Charles County bids will be received and opened on the first floor of the St Charles County Administrative Building. It is highly recommended that you mail or have your bid delivered via UPS, FedEx, courier, etc., with plenty of time to arrive prior to the day of the bid opening. If your bid is dropped off prior to the opening there will be someone in the lobby to receive it.

St. Charles County reserves the right to accept and/or reject any and all proposals.

Bid results may be obtained by going to our St Charles County Government website @ http://www.sccmo.org/Bids.aspx click on “show Closed/Awarded/Cancelled bids”, select bid and click on “related documents”. No phone calls please. The time it takes for final bid results to be made public depends on the complexity of the project and the cost of the project.

INQUIRIES

Any questions or clarifications concerning this Request for Bid must be submitted in writing to:

Lenore Moore, Purchasing Coordinator St. Charles County Government - Finance Department 201 North Second Street, Suite 541 St. Charles, Missouri 63301 lmoore@sccmo.org

For questions or inquiries concerning the specifications please contact:

Matt Seggerman St. Charles County Government – Transportation Planning 201 N. Second St, Suite 560 St. Charles, MO 63301

(636) 949-7500 ext. 3453 Fax: (636) 949-7900 ext. 8950 mseggerman@sccmo.org

The bid number and title shall be referenced on all correspondence.

All questions must be received no later than 2:00 PM on 9/2/2026.

Any question received after this deadline may not be answered.

Responses to questions/clarifications will be placed on the County’s website http://www.sccmo.org/Bids.aspx. Check this website frequently for updates and any addendum that are issued.

Prohibited Communication

Contact with any representative, other than through the procedure outlined in the section titled “Inquiries”, concerning this request is prohibited PRIOR TO BID DUE DATE. Representative shall include, but not be limited to, all elected and appointed officials, and employees of St. Charles County and their Agents within St. Charles County.

Any Offeror engaging in such prohibited communications prior to proposal due date may be disqualified at the sole discretion of St. Charles County.

TABLE OF CONTENTS

Terms and Conditions

Notice to Contractors

Exception Sheet ……………………………………………………………………………………21

Audit Clause for Contracts …………………………………………………………………

Affidavit of Work Authorization …………………………………………………………………...23

Anti-Discrimination Against Israel Act Certification …………………………………………….24

Certification Regarding Debarment and Suspension…………………………………………...25

Bidder Checklist ……………………………………………………………………………………27

Bid Form

Bid Bond

Bidder’s List Quote Summary

Subcontractor Certification Regarding Affirmative Action

DBE Submittal Forms

Contract Agreement ……………………………………………………………………………….47

Payment / Performance Bond

General Requirements

Job Special Provisions

MoDOT Permits

FHWA Form 1273

State Wage Rates

Federal Wage Rates

Environmental & Cultural Permits and Clearances

MoDOT ADA Checklist

Utility Relocation Clearance

Right-of-way Clearance

TERMS AND CONDITIONS

1. Sealed Bids will be received until 2:00 (Two o’clock) P.M., September 8, 2026, by: St.

Charles County Finance Department 201 North Second Street, Suite 541 St. Charles, Missouri 63301

Any bids received after the time and date specified above shall not be considered. The outside of the envelope containing one [1] signed original and one [1] digitized copy of the bid must be received in a sealed envelope, and designated in the lower left corner of the envelope with:

Sealed bid for: IFB 26-080 Rt N and Hopewell_Duello Intersection and Path Improvements BIDDER’S Name BIDDER’S Name BIDDER’S address BIDDER’S address Date and Time of bid opening: September 8, 2026 at 2:00 PM

If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope, addressed as specified in the bid form.

All bids will be publicly opened and read aloud in 201 North Second Street Room 116 at

2:00 P.M.

2. A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

3. No additions, deletions, corrections, or adjustments will be accepted after submissions are opened.

4. All requests for clarifications on these bidding documents must be received in writing no later than 2:00 PM on 9/2/2026.

5. Interpretations or Correction of Bidding Documents

It is the responsibility of each BIDDER before submitting a Bid to:

a. BIDDERs shall promptly notify the COUNTY of any ambiguity, inconsistency, or error, which they may discover upon examination of the Bidding Documents or of the site and local conditions.

b. BIDDERs may request clarification or interpretation of the Bidding Documents by making a written request, which shall reach the COUNTY at least seven (7) days prior to the date for receipt of Bids.

c. Any interpretation, correction or change of the Bidding Documents will be made by Addendum. Interpretations, corrections, or changes of the Bidding Documents made in any other manner will not be binding, and BIDDERS shall not rely upon such interpretations, corrections and changes.

d. If the COUNTY determines that clarification of the terms and conditions of the Bidding Documents is necessary, an Addendum will be made available to all BIDDERS setting forth such clarification.

6. Required Submittal Forms By Bidder

a. These Contract Documents include a complete set of bidding and contract forms which are for the convenience of BIDDERs and are not to be detached from the contract documents, filled out, or executed. Separate copies of bidding forms are furnished for that purpose. All bids must be submitted on the forms provided. The following documents are to be completed by CONTRACTOR and turned in as their Bid.

1. Bid Form

2. List of Resources and References

3. Audit Clause for Contracts

4. 5% Bid Security

b. Within three (3) days of the Bid Opening, the two (2) lowest BIDDERS shall each furnish:

1. List of Proposed Subcontractors and Suppliers.

2. Disadvantaged Business Enterprise Contract Provisions DBE Forms 1 of 4 through DBE Forms 4 of 4.

7. The COUNTY intends to issue the Notice to Proceed on or about early November

2026.

8. The electronic version of this Bid and the plans and specifications are available by download from the St Charles County website at www.sccmo.org. The document was entered into WORD for Microsoft Windows. The Purchasing Office does not guarantee the completeness and accuracy of any information provided on the electronic version.

Therefore, respondents are cautioned that the hard copy of this Bid on file in the Purchasing Office governs in the event of a discrepancy between the information contained in or on the electronic version and that which is on the hard copy.

9. The County of St. Charles hereby notifies all BIDDERS that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, businesses owned and controlled by socially and economically disadvantaged individuals will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, creed, sex, age, ancestry, or national origin in consideration for an award.

10. Each bid must be accompanied by a cashier's check or certified check, or a Bid Bond executed by the BIDDER and an approved surety company and payable to the COUNTY, in an amount not less than five percent (5%) of the sum total of the base bid.

11. A Performance Bond and Payment and Materials Bond are required.

12. An authorized officer of the company submitting the response must sign all copies, in blue ink.

13. Bidders must submit two [2] signed copy of their bid, one is to be an original and so marked and one [1] digitized copy.

14. St. Charles County reserves the right to accept and/or reject any and all proposals.

15. This project will be awarded to the lowest, responsive, responsible bidder.

16. This project is exempt from all Missouri sales and use tax per Missouri State regulations. Inasmuch as all Missouri sales tax will be exempt, CONTRACTORS shall not include any sales tax in their proposal. Compliance with these tax savings procedures is compulsory and for the benefit of the COUNTY. A copy of the procedure to be followed to obtain this exemption will be furnished to the successful BIDDER.

BIDDERS shall include in their proposals any other sales or use taxes which they are required by law to pay.

17. Construction contracts shall assure compliance with Section 165 of the Surface

Transportation Assistance Act of 1982, Section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 23 CFR 635.410 regarding Buy America provisions on the procurement of foreign products and materials. On all contracts involving Federal aid, all products of iron, steel, or a coating of steel which are incorporated into the work must have been manufactured in the United States.

The Contracting Authority may allow minimal amounts of these materials from foreign sources, provided the cost does not exceed 0.1 percent of the contract sum or $2,500, whichever is greater. The Contractor certifies that these materials are of domestic origin. Additional information regarding the “Buy America” requirements can be found at: https://www.fhwa.dot.gov/construction/cqit/buyam.cfm

18. Bid Quantities

a. It is understood by the undersigned that the quantities given in the following itemized proposal are not guaranteed by the COUNTY and are used solely for the purpose of comparing bids and awarding the Contract and may or may not represent the actual quantities encountered on the job.

b. BIDDER shall complete the schedule of unit prices included in the Bid Form.

The total Bid will be determined as the sum of the products of the estimated quantity of each item and the unit price bid for the item.

c. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

d. The adjustment unit prices provided for in the Bid Form shall apply only in the event of a Change Order providing for such increase or decrease in the quantities. The Contract Price will be subject to adjustment according to final measured, used, or delivered quantities, and the adjustment unit prices in the Bid will apply to such final quantities.

19. All labor used in the construction of this public improvement shall be paid a wage no less than the prevailing hourly rate of wages of work of a similar character in this locality as established by the Department of Labor and Industrial Relations (Federal Wage Rate), or state wage rate, whichever is higher.

20. Missouri Annual Wage Order 33 as amended May 29, 2026, shall be in effect for this project.

21. Missouri Law, 292.675 RSMO, requires any awarded contractor and its subcontractor(s) to provide a ten-hour Occupational Safety and Health Administration (OSHA) Construction Safety Program (or a similar program approved by the Missouri Department of Labor and Industrial Relations as a qualified substitute) for their on-site employees.

22. The DBE goal for this letting is a minimum 0% of the total contract amount.

23. All BIDDERs must meet the MoDOT requirements as a CONTRACTOR at least seven days prior to bid opening.

24. All BIDDERs must possess the necessary and appropriate business and/or professional licenses in their field.

25. St. Charles County will not award any proposal to an individual or business having any outstanding amounts due from a prior Contract or business relationship with the County or who owes any amount(s) for delinquent Federal, State or Local taxes, fees, and licenses.

26. The successful BIDDER is specifically denied the right of using in any form or medium the names of St. Charles County or any other public agency of St. Charles County Government for public advertising unless express written permission is granted.

27. Insurance

Errors and Omissions (Professional Liability): With limits of not less than $1.0 million per claim/$2.0 million aggregate covering all services provided by the Contract.

Coverage to be written on a claims-made basis.

Commercial General Liability (CGL): $1,000,000/$3,000,000 including Products/Completed Operations. CGL coverage shall cover all liability arising from premises, operations, independent contractor and personal injury and liability assumed under an insured contract.

Automobile Liability: covering liability arising out of the use of any owned, hired, leased or non-owned vehicle in an amount of no less than $1,000,000 per occurrence.

Workers Compensation/Employer’s Liability: Statutory WC limits as required by the Statutes of the State of Missouri, (or a qualified self-insurer) and Employers Liability in an amount of no less than $1.0 million.

Excess Umbrella: liability with a limit of no less than $1,000,000 in excess of the above policies.

a. All insurance to be written through a company duly authorized to do business in the State of Missouri with an A.M. Best Rating of A-IX or higher.

b. The Professional Liability, CGL, Automobile and Umbrella policies shall be endorsed to include the County as an additional insured and provide for 30 days advance written notice of any material change.

c. A Waiver of Subrogation in favor of the County shall be endorsed on each of the policies.

d. The required insurance provided by the “Firm” shall be primary insurance with respect to any other insurance or self-insurance programs maintained by the County.

e. A Certificate of Insurance evidencing the above coverage(s) together with a copy of the required endorsements shall be provided to the County and the MHTC/MoDOT prior to the commencement of any work.

28. Nondiscrimination and DBE Goal

a. The undersigned, as BIDDER, understands that in any project involving participation of County funds, the BIDDER awarded the Contract will be required to comply, and to cause his subcontractors, if any, to comply with all County and State statutes, regulations, and directives against discriminations against any person in connection with the Contract, on account of race, color, religion, creed, sex, age, ancestry, or national origin, and that such nondiscrimination extended to procurement of materials and lease of equipment for use in connection with the Contract.

b. The undersigned, as BIDDER, understands that the BIDDER awarded the Contract will be required to comply with the Executive Order of the Governor of the State of Missouri dated September 10, 1973. This order stipulates that there shall be no discriminatory employment practices by the CONTRACTOR or his subcontractors, if any, based on race, color, religion, creed, national origin, sex, or age. The undersigned CONTRACTOR or his subcontractors, if any, shall give written notice of their commitments under this clause to any labor union with which they have bargaining or other agreements.

c. DBE Goals for this letting are the utilization of DBE firms listed in the MoDOT DBE directory. Maximum DBE utilization is deemed to have been met when any subcontracting or supplies equal a minimum of 0% of the total contract amount. If the BIDDER does not meet the established goal, award of contract can be made only if this BIDDER can document and demonstrate good faith effort to meet the goals. The good faith effort will be reviewed and approved by MoDOT. DBE’s must be listed on the MoDOT approved listing at the time of the contract letting. All DBE utilization shall be in accordance with the rules and regulations as contained in 49 CFR Part 26.

d. DBE Forms 1 of 4 through DBE Forms 4 of 4 must be received by 4 P.M. three

(3) business days after bid opening from the lowest and 2nd lowest BIDDERs.

Failure to submit the required DBE Forms within three days shall be grounds to disqualify the CONTRACTOR and allow the County to take the CONTRACTOR’s bid bond as damages for failure of the CONTRACTOR to enter into contract.

29. Employment of Unauthorized Aliens Prohibited (Missouri Revised Statutes Section

285.530)

a. As a condition for the award of any contract or grant in excess of five thousand dollars by St. Charles County to a business entity (Firm), the business entity shall, by sworn affidavit and provision of documentation**, affirm its enrollment and participation in a federal work authorization program (E-Verify) with respect to the employees working in connection with the contracted services.

Every such business entity shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. [RSMO 285.530 (2)]

b. An employer may enroll and participate in a federal work authorization program (E-Verify) and shall verify the employment eligibility of every employee in the employer’s hire whose employment commences after the employer enrolls in a federal work authorization program. The employer shall retain a copy of the dated verification report received from the federal government. Any business entity that participates in such program shall have an affirmative defense that such business entity has not violated subsection 1 of this section. [RSMO

285.530 (4)]

c. Any entity contracting with St. Charles County shall only be required to provide the referenced affidavit on an annual basis. A copy of the affidavit in included in this Qualification request. Firms may choose to send the required documentation using one of the following options:

Send the notarized affidavit and E-Verify MOU signature page to: St.

Charles County, Attn: Purchasing Manager, 201 N Second Street, Room 541, St. Charles, MO 63301 prior to responding to any solicitations; OR

Send the notarized affidavit and E-Verify MOU signature page along with a

Qualification solicitation response.

These documents will be kept on file. The notarized affidavit and E-Verify MOU signature page will remain current for one year from the date of the notarized affidavit.

**PLEASE NOTE: **

Acceptable enrollment and participation documentation consists of a valid copy of the signature page of the E-Verify Memorandum of Understanding, completed and signed by the Firm, and the Department of Homeland Security - Verification Division The online address to enroll in the E-verify program is:

https://everify.uscis.gov/account/enroll

30. Veteran Friendly Employment Policy

Indicate whether you have developed a veteran friendly employment policy and, if so, attach a copy of such policy to your response as a point of information.

"YES" our company has a veteran friendly employment policy. Please include a copy of your veteran friendly employment policy with your submission.

"NO" our company does not have a veteran friendly employment policy.

31. Suspension and Debarment (Executive Orders 12549 and 12689, 2 C.F.R. pt 180)

a. A contract award (see 2 C.F.R. 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (3 C.F.R. PT. 1986 Comp., p. 189) and 12689 (3 C.F.R.

pt. 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

b. The Contractor is required to verify that none of the Contractor’s principals (defined at 2C.F.R. 180.995) or its affiliates (defined at 2 C.F.R. pt. 180.905) are excluded (defined at 2 C.F.R. 180.940) or disqualified (defined at 2 C.F.R.

180.935).

c. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and the regulation of the granting Federal Agency regarding suspension and debarment, and must include a requirement to comply with the regulations in any lower tier covered transaction it enters into.

d. This certification is a material representation of fact relied upon by the Owner. If it is later determined that the Contractor did not comply with 2 C.F.R pt. 180, subpart C in addition to remedies available to the Owner, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

e. By submitting a bid, the bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier transactions

32. Open Records

Any and all information contained in or submitted with the bid becomes a public record subject to the Missouri Sunshine Law when the bids are opened. The County may include any information submitted with the bid or submitted to the County during the award or review process in the County’s public records, public agendas, or public meetings. If the bidder believes that any information contained in or submitted with the bid is protected from disclosure by the Missouri Sunshine Law, the bidder must clearly identify what information the bidder believes is so protected and must also clearly identify the legal basis therefor. Simply marking a document with “confidential” or similar watermarks, notations, etc. shall not be sufficient to prevent disclosure of submitted information.

NOTICE TO CONTRACTORS

Sealed bids, addressed to St. Charles County, Missouri, 201 N. Second Street, St. Charles, Missouri 63301 for the proposed work will be received by St. Charles County until 2:00 p.m.

(prevailing local time) on September 8, 2026. All St Charles County bids will be received and opened on the first floor of the St Charles County Administrative Building. It is highly recommended that you mail or have your bid delivered via UPS, FedEx, courier, etc., with plenty of time to arrive prior to the day of the bid opening. If your bid is dropped off prior to the opening there will be someone in the lobby to receive it.

Bids should be delivered to:

St. Charles County Finance Department 201 N. Second Street, Suite 541 St. Charles, Missouri 63301.

1. Proposed Work

The proposed work, hereinafter called the work, includes: installation of a traffic signal with intersection lighting at Rt N and Hopewell_Duello Rd. Also includes connection of 10ft path and sidewalk improvements.

2. Definitions

The following terms used at any place in the contract documents shall be construed thus:

BIDDER: The individual or entity who submits a bid directly to the OWNER.

CONSULTING ENGINEER: The design firm of GBA, Inc. and their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case.

CONTRACTOR: The individual, partnership, or corporation, which shall enter into the Agreement to perform the work, outlined in the contract documents with the OWNER.

DAY(S): Calendar days, unless otherwise defined.

DBE: Disadvantaged Business Enterprise

ENGINEER/ COUNTY ENGINEER: The County Roads and Traffic Manager, County of St. Charles, Missouri, or her duly authorized representative.

MHTC: Missouri Highway Transportation Commission

MoDOT / STATE: Missouri Department of Transportation.

OWNER/COUNTY / LOCAL AGENCY: St. Charles County, Missouri

SUB-BIDDER or SUBCONTRACTOR: A person or entity that submits a Bid to a BIDDER for materials or labor for a portion of the Work.

SUCCESSFUL BIDDER: The lowest qualified, responsible, and responsive BIDDER to whom OWNER (on the basis of OWNER'S evaluation as herein provided) makes an award.

SURETY: Surety shall be a corporate surety company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the County of St. Charles. A rating in the "A" category from Best's or from Standard and Poor's shall constitute recognized standing. The Surety shall attach a certified and current copy of its authority to do insurance business from the State of Missouri.

3. Trainees

No trainee hours will be required under this contract.

4. Compliance with Contract Provisions

The bidder, having examined and being familiar with the local conditions affecting the work, and with the contract, contract documents, including the Missouri Highways and Transportation Commission's "Missouri Standard Specifications for Highway Construction 2026," and "Missouri Standard Plans for Highway Construction 2026", their revisions, and the request for bid, including appendices, the special provisions and plans, hereby proposes to furnish all labor, materials, equipment, services, etc., required for the performance and completion of the work. All references are to the Missouri Standard Specifications for Highway Construction, as revised, unless otherwise noted.

The following documents are available on the Missouri Department of Transportation web page at www.modot.mo.gov under "Business with MoDOT" “Standards and Specifications”. The effective version shall be determined by the letting date of the project.

• General Provisions & Supplemental Specifications

• Supplemental Plans to Missouri Std. Plans For Highway Construction (Latest Edition)

These supplemental bidding documents contain all current revisions to the bound printed versions and have important legal consequences. It shall be conclusively presumed that they are in the bidder's possession, and they have been reviewed and used by the bidder in the preparation of any bid submitted on this project.

Please note that within the above-listed documents, the term “Commission” shall be replaced with the term, “St. Charles County, Missouri”, and the term “Engineer” is a reference to the County Roads and Traffic Manager.

5. Specifications, Contract, And Bond

The specifications, contract, and bond governing the construction of the work contemplated are those known and designated as the “Missouri Standard Specifications for Highway Construction, 2026 edition, effective July 1, 2026”, together with the “General Requirements, and Job Special Provisions”, attached to this proposal.

6. Plans

The plans herein referred to are drawings entitled: “Rt N and Hopewell_Duello Intersection and Path Improvements”, bid set dated July 16, 2026.

7. Execution of Contract

The BIDDER to whom the Contract has been awarded shall sign four (4) copies of the County-Contractors Agreement, and return them along with properly executed Performance, Payment and Materials bonds, and all certificates of insurance as set forth in the “General Requirements" within ten (10) days after receipt of the Notice of Intent to Award from the COUNTY. Failure to return the required items above to the COUNTY within ten (10) days after receipt of the Notice of Intent to Award shall be cause for the annulment of the Contract award and the forfeiture of the bid security to the COUNTY.

8. Condition of Work

Each BIDDER must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful BIDDER of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. Insofar as possible the CONTRACTOR in carrying out his work must employ such methods or means as will not cause any interruption of or interference with the work of any other CONTRACTOR.

9. Examination of Bidding Documents and Site

Before submitting a bid, BIDDER shall:

a. Examine and carefully study the Bidding Documents, including any Addenda and other related data identified in the Bidding Documents;

b. Visit the Site and become familiar with and satisfy BIDDER as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

c. Become familiar with and satisfy BIDDER as to all Federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work;

d. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site;

e. Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by BIDDER, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents and safety precautions and programs incident thereto; Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

f. Become aware of the general nature of the Work to be performed by OWNER or others at the Site that relates to the Work indicated in the Bidding Documents;

g. Correlate the information known to BIDDER, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

h. Promptly give OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that BIDDER discovers in the Bidding Documents and confirm that the written resolution thereof by OWNER or CONSULTING ENGINEER is acceptable to BIDDER; and

i. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

10. Substitute and “Or-Equal” Items

a. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Application for review of substitute or "or-equal" materials or equipment will not be considered by ENGINEER until after the Effective Date of the County-Contractors Agreement.

b. The materials, products, systems, and equipment described in the Bidding Documents establish a minimum standard of required function, dimension, appearance and quality, which must be met by any proposed substitution.

c. No substitution of the materials, products, systems, and equipment described in the Bidding Documents will be considered prior to receipt of Bids unless written request for approval has been received by the COUNTY at least seven (7) days prior to the date for receipt of Bids. Each such request shall include the name of the material, product, system, or equipment for which substitution will be made and a complete description of the proposed substitute including drawings, costs, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, products, systems, equipment, or other Work that incorporation of the substitute would require shall be included in each such request. The COUNTY, at its sole discretion, may approve or disapprove the proposed substitute.

d. If the COUNTY approves any proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. BIDDERS shall not rely upon approvals made in any other manner.

e. No substitutions will be considered after the Contract is awarded unless specifically provided in the Contract Documents.

11. Addenda

a. No interpretation of the meaning of the plans, specifications, or other pre-bid documents will be made to any BIDDER orally. Every request for such interpretation should be in writing addressed to:

Matt Seggerman 201 N. Second St, Suite 560 St. Charles, MO 63301

(636) 949-7500 ext. 3453 mseggerman@sccmo.org and to be given consideration must be received at least seven (7) days prior to the date fixed for the opening of bids. All addenda shall be posted to the County website.

b. Any and all such interpretations to the specifications which, if issued, will be faxed, delivered by courier, or mailed by certified mail with return receipt requested to all prospective BIDDERS (at the respective addresses furnished for such purposes), not later than four (4) days prior to the date fixed for the opening of bids. Failure of any BIDDER to receive any such addendum or interpretation shall not relieve such BIDDER from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract documents.

12. Power of Attorney

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

13. Laws and Regulations

The BIDDER’S attention is directed to the fact that all applicable federal and state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written in full.

14. Notice To Bidders of Third-Party Concurrence In Award (DSP-98-19a)

a. Bidders are advised that COUNTY is party to a contract with Federal Highway Administration (FHWA) and Missouri Department of Transportation (MoDOT) which provides that FHWA/MoDOT shall provide substantial funds for construction of Job No. CMAQ 7302 (708) by reason of which FHWA/MoDOT has the right to concur or not concur in COUNTY’s award of a contract for this job.

b. Bidders acknowledge that their bids are made with knowledge of and subject to the condition of FHWA/MoDOT concurrence in and prior authorization of any award of a contract for this job by COUNTY.

c. Bidders agree that they shall be stopped, both in law and equity, to assert any right to award of a contract for this job by COUNTY should FHWA/MoDOT not concur in that award for any reason.

15. Award of Contract

a. Since this project has federal funds the OWNER must obtain MoDOT/FHWA concurrence/approval prior to awarding or rejecting any bid.

b. The County will make its award to the lowest responsive, responsible bidder unless additional criteria is established herein. When payments are to be made to the County, the County will award based on payments unless these documents establish additional criteria. As used for this award, “responsive” shall mean a bid that conforms in all respects with the terms and conditions of the County’s requirements. As used for this award, “responsible” shall mean that the bidder has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.

c. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and with such alternatives, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award.

d. OWNER reserves the right to cancel the contract without penalty if MoDOT and/or FHWA do not concur with the award.

e. St. Charles County will not award any bid to an individual or business having any outstanding amounts due from a prior Contract or business relationship with the County or who owes any amount(s) for delinquent taxes, fees or licenses.

16. Available Land

The lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and other lands designated for use by CONTRACTOR in performing the Work are identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise specified in.

17. Period of Performance

If the bid is accepted, the bidder agrees that work shall be diligently prosecuted at such rate and in such manner as, in the judgment of the engineer, is necessary for the completion of the work within the time specified as follows in accordance with Sec 108:

Calendar Days: 285

18. Liquidated Damages

The bidder agrees that, should the bidder fail to complete the work in the time specified or such additional time as may be allowed by the engineer under the contract, the amount of liquidated damages to be recovered in accordance with Sec 108 shall be as follows:

Liquidated damages per day $950.00

19. Bid Guaranty

The bidder shall submit a Bid Guaranty meeting the requirements of Section 102 of the Missouri Standard Specifications for Highway Construction. The project bid bond form is included in the bid book. The bidder shall mark the box below to identify the type of Bid Guaranty.

Paper Bid Bond Cashier’s Check

20. Prime Contractor Requirements

The limitation in Sec 108.1.1 of the Missouri Standard Specifications for Highway Construction that "the contractor's organization shall perform work amounting to not less than 40 percent of the total contract cost" is waived for this contract. Instead, the less restrictive terms of the Federal Highway Administration's rule at Title 23 Code of Federal Regulations (CFR) § 635.116(a) shall apply, so that the contractor must perform project work with its own organization equal to and not less than 30 percent of the total original contract price. Second-tier subcontracting will not be permitted on this contract. All other provisions in Sec 108.1.1 et seq. of the Missouri Standard Specifications for Highway Construction shall remain in full force and effect and shall continue to govern the contractor and its subcontractors, in accordance with the provisions of Title 23 CFR § 635.116.

21. Subcontractor Disclosure

Requirements contained within Sec 102.7.8 of the Missouri Standard Specification for Highway Construction shall be waived for this contract.

22. Certifications for Federal Jobs

By signing and submitting this bid, the bidder makes the certifications appearing in Sec. 102.18.1 (regarding affirmative action and equal opportunity), Sec. 102.18.2 (regarding disbarment, eligibility, indictments, convictions, or civil judgments), Sec.

102.18.3 (regarding anti-collusion), and Sec. 102.18.4 (regarding lobbying activities).

Any necessary documentation is to accompany the bid submission, as required by these sections. As provided in Sec. 108.13, the contracting authority may terminate the contract for acts of misconduct, which includes but is not limited to fraud, dishonesty, and material misrepresentation or omission of fact within the bid submission.

23. Materials Inspection

All technicians who perform, or are required by the FHWA to witness, such sampling and testing shall be deemed as qualified by virtue of successfully completing the requirements of EPG 106.18 Technician Certification Program, for that specific technical area.

24. Federal and State Inspection

The Federal Government is participating in the cost of construction of this project. All applicable Federal laws, and the regulations made pursuant to such laws, shall be observed by the contractor, and the work will be subject to the inspection of the appropriate State or Federal Agency in the same manner as provided in Sec 105.10 of the Missouri Standard Specifications for Highway Construction with all revisions applicable to this bid and contract.

25. Addendum Acknowledgement

The undersigned states that all addenda (if applicable) have been received, acknowledged and incorporated into their bid, prior to submittal. For paper bids, staple addenda to the bid in the appropriate part of the bid.

26. Preparation of Bid Form

a. Each bid must be submitted on the prescribed Bid Form. All blank spaces for bid prices must be filled-in with indelible ink or typewritten. The “Total” must be completed in both words and figures on the Bid Form.

b. Signature of BIDDER based on type of business shall be as follows:

A Bid by a Corporation shall be executed in the corporate name by the president or the vice-president or by another corporate officer, accompanied by evidence of authority to sign for the corporation. The corporate seal shall be imprinted with the signature of bidder.

A Bid by a Partnership shall be executed in the partnership name and signed by a partner, accompanied by evidence of authority to sign.

A Bid by a Limited Liability Company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm shall be shown below the signature.

A Bid by an Individual shall show the BIDDER's full name.

A Bid by a Joint Venture shall be executed by each joint venture in the manner indicated on the Bid Form.

c. The names of all persons signing shall be legibly printed below their signatures.

A Bid by a person who affixes to its signature the word "president", "secretary", "agent", or other designation without disclosing its principal may be held to be the Bid of the individual signing. When requested by OWNER, evidence of the authority of the person signing shall be furnished.

d. The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers and dates of which shall be filled in on the Bid Form.

e. No alterations in a Bid by erasures, interpolations, or otherwise, will be acceptable unless each such alteration is signed or initialed by BIDDER; if initialed, OWNER may require BIDDER to identify any alteration so initialed.

27. Signature and Identity of Bidder The undersigned states that the following provided information is correct and that (if not signing with the intention to bind themselves to become the responsible and sole bidder) they are the agent of, and they are signing and executing this, as the bid of , which is the correct LEGAL NAME as stated on the contractor questionnaire (if applicable).

a. The organization submitting this bid is a(n) (1) individual bidder, (2) partnership, (3) joint venture (whether individuals or corporations, and whether doing business under a fictitious name), or (4) corporation. Indicate by marking the appropriate box below.

Sole Individual Partnership Joint Venture

Corporation, incorporated under laws of state of

b. If the bidder is doing business under a fictitious name, indicate below by filling in the fictitious name

Executed by bidder this day of , 20 .

THE BIDDER CERTIFIES THAT THE BIDDER AND ITS OFFICIALS, AGENTS, AND EMPLOYEES HAVE

NEITHER DIRECTLY NOR INDIRECTLY ENTERED INTO ANY AGREEMENT, PARTICIPATED IN ANY

COLLUSION, OR OTHERWISE TAKEN ANY ACTION IN RESTRAINT OF FREE COMPETITIVE BIDDING IN CONNECTION WITH THIS BID, AND THAT THE BIDDER INTENDS TO PERFORM THE WORK WITH ITS

OWN BONAFIDE EMPLOYEES AND SUBCONTRACTORS, AND DID NOT BID FOR THE BENEFIT OF

ANOTHER CONTRACTOR.

THE BIDDER ACKNOWLEDGES THAT THIS IS AN UNSWORN DECLARATION, EXECUTED UNDER

PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES AND/OR FALSE DECLARATION

UNDER THE LAWS OF MISSOURI, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS. THE

FAILURE TO PROVIDE THIS CERTIFICATION IN THIS BID MAY MAKE THIS BID NON-RESPONSIVE, AND

CAUSE IT TO BE REJECTED.

THE BIDDER CERTIFIES THAT THE BIDDER'S COMPANY KNOWINGLY EMPLOYS ONLY INDIVIDUALS

WHO ARE AUTHORIZED TO WORK IN THE UNITED STATES IN ACCORDANCE WITH APPLICABLE

FEDERAL AND STATE LAWS AND ALL PROVISIONS OF MISSOURI EXECUTIVE ORDER NO. 07-13 FOR

CONTRACTS WITH THE CONTRACTING AUTHORITY.

□ Check this box ONLY if the bidder REFUSES to make any or all of these certifications. The bidder may provide an explanation for the refusal(s) with this submittal.

Signature of Bidder’s Owner, Officer, Partner or Authorized Agent

Please print or type name and title of person signing here

Attest:

Secretary of Corporation – if Bidder is a Corporation – Affix Corporate Seal NOTE: If bidder is doing business under a fictitious name, the bid shall be executed in the legal name of the individual, partners, joint ventures, or corporation, and registration of fictitious name filed with the secretary of state, as required by sections 417.200 to 417.230 RSMo. If the bidder is a corporation not organized under the laws of Missouri, it shall procure a certificate of authority to do business in Missouri, as required by section

351.572 et seq RSMo. A certified copy of such registration of fictitious name or certificate of authority to do business in Missouri shall be filed with the Missouri Highways and Transportation Commission, as required by the standard specifications.

Exception Sheet

If the item(s) and/or services proposed in the response to this Invitation for Formal Bid is in any way different from that contained in this Invitation for Formal Bid, the C o n t r a c t o r is responsible to clearly identify all such differences in the space provided below. Otherwise, it will be assumed that the Contractor’s bid is in total compliance with all aspects of the Invitation.

Below are the exceptions or differences to the stated specifications (attach additional sheets as needed):

Date:

Signature:

Title:

Company:

THIS FORM MUST BE COMPLETED AND ENCLOSED WITH THE BID

Audit Clause for Contracts

Examination of Records

The Contractor's records must include, but not be limited to, accounting records (hard copy, as well as computer readable data), written policies and procedures, subcontractor files, indirect cost records, overhead allocation records, correspondence, instructions, drawings, receipts, vouchers, memoranda, and any other data relating to this contract shall be open to inspection and subject to audit and/or reproduction by the County Auditor, or a duly authorized representative from the County, at the County's expense. The contractor must preserve all such records for a period of three years, unless permission to destroy them is granted by the County, or for such longer period as may be required by law, after the final payment. Since the Contractor is not subject to the Missouri Sunshine Law (Chapter 610, RSMo), information regarding the Contractor's operations, obtained during audits, will be kept confidential.

The Contractor will require all subcontractors under this contract to comply with the provisions of this article by including the requirements listed above in written contracts with the subcontractors.

Vendor Information

Company Name:

Business Address:

Business Hours:

Phone: Fax:

Email address:

Contact Person:

Authorized Signature:

(Indicates acceptance of all bid terms and conditions)

Date:

AFFIDAVIT OF WORK AUTHORIZATION

The bidder/contractor who meets the section 285.525, RSMo definition of a business entity must complete and return the following Affidavit of Work Authorization.

Comes now (Name of Business Entity Authorized Representative) as (Position/Title) first being duly sworn on my oath, affirm (Business Entity Name) is enrolled and will continue to participate in the E-Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the County for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also affirm that (Business Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services provided to the contract(s) for the duration of the contract(s), if awarded.

In Affirmation thereof, the facts stated above are true and correct. (The undersigned understands that false statements made in this filing are subject to the penalties provided under section 575.040, RSMo.)

Authorized Representative’s Signature Printed Name

Title Date

Email Address

Subscribed and sworn to before me this day of , 20____.

I am commissioned as a notary public within the County of , State of

, and my commission expires on

Notary public signature Date

THIS FORM MUST BE COMPLETED AND ENCLOSED WITH THE BID

Anti-Discrimination Against Israel Act Certification

1. Pursuant to Section 34.600 of the Revised Statutes of Missouri, St. Charles County shall not enter into a contract to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the company is not currently engaged in and shall not, for the duration of the contract, engage in a boycott of goods or services from the State of Israel; companies doing business in or with…