136.10 Construction Authorization and Letting - Revision history

Smithk: Per Design, EPG 136 was generally re-written following thorough research and input from LPAs, consultants and FHWA.

2012-04-23T18:31:03Z

Per Design, EPG 136 was generally re-written following thorough research and input from LPAs, consultants and FHWA.

Smithk: Per Design, Fig 136.10.5 updated to refer to 2011 specs rather than 2004 specs.

2011-06-20T14:36:22Z

Per Design, Fig 136.10.5 updated to refer to 2011 specs rather than 2004 specs.

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	\|[[media:136.10.3 Anti-Collusion Statement (Fig. 10-3).doc\|Fig. 136.10.3 Anti-Collusion Statement]]\|\|[[media:136.10.4 Subcontractor Affirm Action (Fig. 10-4).doc\|Fig. 136.10.4 Subcontractor Certification Regarding Affirmative Action]]		\|[[media:136.10.3 Anti-Collusion Statement (Fig. 10-3).doc\|Fig. 136.10.3 Anti-Collusion Statement]]\|\|[[media:136.10.4 Subcontractor Affirm Action (Fig. 10-4).doc\|Fig. 136.10.4 Subcontractor Certification Regarding Affirmative Action]]
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	\|[[media:136.10.5 Federal Project Boilerplate Bid Proposal.doc\|Fig. 136.10.5 Federal Project Boilerplate Bid Proposal]]\|\|[http://www.modot.mo.gov/business/materials/ADA%20Post%20Construction%20Inspection%20Checklist%20Jan%2022,%202009.doc ADA Post-Construction Checklist]		\|[[media:136.10.5 Federal Project Boilerplate Bid Proposal June 2011.doc\|Fig. 136.10.5 Federal Project Boilerplate Bid Proposal]]\|\|[http://www.modot.mo.gov/business/materials/ADA%20Post%20Construction%20Inspection%20Checklist%20Jan%2022,%202009.doc ADA Post-Construction Checklist]
	\|}		\|}

Smithk: /* 136.10.14 Request for Concurrence */

2011-06-10T16:24:39Z

136.10.14 Request for Concurrence

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	'''No work is to be initiated on any part of the project until FHWA approves (obligates) federal funding and MoDOT notifies the local agency to proceed.'''		'''No work is to be initiated on any part of the project until FHWA approves (obligates) federal funding and MoDOT notifies the local agency to proceed.'''

	===136.10.14 Request for Concurrence===		===136.10.14 Request for Concurrence===
	Each bidder shall file an [[media:136.10.3 Anti-Collusion Statement (Fig. 10-3).doc\|anti-collusion statement]] at the time of the bid. The local agency will provide the anti-collusion statement to each prospective bidder. Failure to submit the anti-collusion statement as part of the bidding documents will make the bid non-responsive and not eligible for award consideration.		Each bidder shall file an [[media:136.10.3 Anti-Collusion Statement (Fig. 10-3).doc\|anti-collusion statement]] at the time of the bid. The local agency will provide the anti-collusion statement to each prospective bidder. Failure to submit the anti-collusion statement as part of the bidding documents will make the bid non-responsive and not eligible for award consideration.

Smithk: Per LPA Coordinator, expanded guidance for LPA's request for concurrence.

2011-06-10T16:21:19Z

Per LPA Coordinator, expanded guidance for LPA's request for concurrence.

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	'''No work is to be initiated on any part of the project until FHWA approves (obligates) federal funding and MoDOT notifies the local agency to proceed.'''		'''No work is to be initiated on any part of the project until FHWA approves (obligates) federal funding and MoDOT notifies the local agency to proceed.'''

			===136.10.14 Request for Concurrence===
			Each bidder shall file an [[media:136.10.3 Anti-Collusion Statement (Fig. 10-3).doc\|anti-collusion statement]] at the time of the bid. The local agency will provide the anti-collusion statement to each prospective bidder. Failure to submit the anti-collusion statement as part of the bidding documents will make the bid non-responsive and not eligible for award consideration.

			All bids will be evaluated based on [http://cfr.vlex.com/vid/635-114-award-contract-concurrence-19725316 23 CFR Section 635.114]. MoDOT concurrence must be obtained prior to the award of contract. The sponsors must have MoDOT concurrence to reject bids and re-advertise for bids.

			The request for MoDOT concurrence should be comprised of the following (contact the appropriate district representative for the number of copies to submit):
			:* a cover letter from the sponsor requesting MoDOT concurrence in award. The letter should indicate the following:
			::• the bid opening date and the number of bids received

			::• the contractor to whom the award request is for

			::• the requested award amount

			::• if applicable, the project to be awarded (ie: base project only or base with the number of add alternates)

			::• the DBE goal and whether the lowest and second lowest bidders appear to have met the goal

			::• whether the contractors were required to be pre-qualified (and if the low and second low bidders were qualified)

			::• whether any bidders were declared non-responsive/irregular and the reason for the declaration

			::• whether the LPA had any required submittals, such as sub-contractor disclosures, beyond what is listed below, and whether the submittals were received in the appropriate timeframe

			:* a tabulation of all bids received (preferably with any items inconsistent with the submitted bid indicated and the estimate shown for comparison)

			:* the executed anti-collusion statements from the lowest and second lowest bidders

			:* the DBE submittal forms for the lowest and second lowest bidders.

			:* itemized bid forms, including the signature page, from the lowest and second lowest bidders (with asterisks placed by the items that the DBE will perform). If the bidder is a corporation (Inc.), a corporate seal is required on the bid form signature page. If the bidder is not a corporation (LLC), then the seal is not required.

			:* Affidavit of Publication showing proof that the project was advertised for 21 days

			:* Signed E-Verify Affidavit and Memorandum of Understanding (MOU) from low and second low bidders

			:* Bid Guaranty from low and second low bidders. Bid Bonds must include the Power of Attorney.

			:* Verification that ALL bidders received all addendums issued for the project.

			Itemized bid subtotals shall be shown for roadway items, bridge, signing/striping/signals, landscaping/streetscaping, bike/ped facilities and utilities.

			Justification should be provided with any request for concurrence in award if the lowest responsible bid is more than 10% higher than the project estimate.

			Following the award of contract, the local agency must submit executed copies of the contract to MoDOT. This submittal should include complete contracts similar to the bid proposals, with the addition of signatures, insurance, and bond forms. Please contact your district representative to determine how many copies are needed and if these can be submitted electronically.

			'''No work is to be initiated on any part of the project until FHWA approves (obligates) federal funding and MoDOT notifies the local agency to proceed.'''



	[[Category:136 Local Public Agency (LPA) Policy\|136.10]]		[[Category:136 Local Public Agency (LPA) Policy\|136.10]]

Smithk: /* 136.10.11 Bidder Qualification Language */ Per LPA Coordinator, two subtitles added for clarification

2011-06-06T20:22:29Z

136.10.11 Bidder Qualification Language: Per LPA Coordinator, two subtitles added for clarification

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	Contractors who are currently suspended, debarred or voluntarily excluded under [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=577aaee33531701fbd6af64391c3b672&rgn=div5&view=text&node=2:1.1.1.2.5&idno=2 2 CFR part 180], or otherwise determined to be ineligible shall be prohibited from participating in the Federal-Aid Highway Program.		Contractors who are currently suspended, debarred or voluntarily excluded under [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=577aaee33531701fbd6af64391c3b672&rgn=div5&view=text&node=2:1.1.1.2.5&idno=2 2 CFR part 180], or otherwise determined to be ineligible shall be prohibited from participating in the Federal-Aid Highway Program.
	<div id="To satisfy federal requirements"></div>		<div id="To satisfy federal requirements"></div>
	To satisfy federal requirements, the local agency must ensure free, open and competitive bidding, including adequate publicity of the advertisements or calls for bids. The advertisement and approved plans and specifications must be available to bidders a minimum of three weeks prior to bid opening. ~~As a result~~, projects must be advertised at least 21 days before the bid opening. This advertisement must be placed at least once in a newspaper having a general circulation in the area of the project and must be advertised on [http://www.modot.mo.gov/business/contractor_resources/bid_opening_info/advertisement.htm MoDOT's "Projects to be Let by Others" website]. If the local agency advertises online at another location other than MoDOT’s website they must notify all interested bidders about the website and the website must be readily accessible to all interested bidders. Internet advertising is acceptable for federal-aid projects as a supplement to traditional means. Additionally, the local agency must ensure that requirements of state statutes governing advertisement and bidding for public works applicable to local agency operations are also satisfied. The local agency should advise MoDOT of the first advertising date and the time and location of the bid opening as soon as these are determined. A [[media:136.10.2 Sample Advertisement (Fig. 10-2).doc\|sample advertisement]] is available.		To satisfy federal requirements, the local agency must ensure free, open and competitive bidding, including adequate publicity of the advertisements or calls for bids. The advertisement and approved plans and specifications must be available to bidders a minimum of three weeks prior to bid opening.

			===136.10.12 Advertising and Addenda===
			To satisfy federal requirements, projects must be advertised at least 21 days before the bid opening. This advertisement must be placed at least once in a newspaper having a general circulation in the area of the project and must be advertised on [http://www.modot.mo.gov/business/contractor_resources/bid_opening_info/advertisement.htm MoDOT's "Projects to be Let by Others" website]. If the local agency advertises online at another location other than MoDOT’s website they must notify all interested bidders about the website and the website must be readily accessible to all interested bidders. Internet advertising is acceptable for federal-aid projects as a supplement to traditional means. Additionally, the local agency must ensure that requirements of state statutes governing advertisement and bidding for public works applicable to local agency operations are also satisfied. The local agency should advise MoDOT of the first advertising date and the time and location of the bid opening as soon as these are determined. A [[media:136.10.2 Sample Advertisement (Fig. 10-2).doc\|sample advertisement]] is available.

	The information contained in the plans and specifications (bid proposal) that was approved as part of the final plans package must not be altered prior to being made available to prospective bidders. Any revisions to the plans or bid proposal made after the MoDOT final plan approval date must be submitted to MoDOT for review and approval as an addendum to the final plans package. Approval of the addendum must be attained prior to making the revised plans or bid proposal available to prospective bidders. Failure to receive prior approval of an addendum to the bid package may jeopardize the federal funding for the project. The local agency is required to receive confirmation from every bidder that they have received their copy of the addendum that was issued.		The information contained in the plans and specifications (bid proposal) that was approved as part of the final plans package must not be altered prior to being made available to prospective bidders. Any revisions to the plans or bid proposal made after the MoDOT final plan approval date must be submitted to MoDOT for review and approval as an addendum to the final plans package. Approval of the addendum must be attained prior to making the revised plans or bid proposal available to prospective bidders. Failure to receive prior approval of an addendum to the bid package may jeopardize the federal funding for the project. The local agency is required to receive confirmation from every bidder that they have received their copy of the addendum that was issued.

			===136.10.13 Additive Alternates===
	Local agencies may use a bidding procedure called additive alternates to help keep the awarded contract amount within budget. Under this procedure, the local agency submits its construction budget for the federal-aid portion of the project (that is, the amount of funding the agency has available for construction) and also separates the “base-bid” items and the “additive alternates” in the engineers estimate. The “additive alternates” are items that will be selected if the “base plus alternates” price is within budget. The local agency must clearly specify the priority of alternates which will be considered and indicate that the award will be based on the lowest responsive bid. This budgeted amount will be used to help determine which contractor the project will be awarded to, as the agency will be required to award the project to the contractor who can provide the most amount of work (base bid plus alternates) that is within the agency’s budget.		Local agencies may use a bidding procedure called additive alternates to help keep the awarded contract amount within budget. Under this procedure, the local agency submits its construction budget for the federal-aid portion of the project (that is, the amount of funding the agency has available for construction) and also separates the “base-bid” items and the “additive alternates” in the engineers estimate. The “additive alternates” are items that will be selected if the “base plus alternates” price is within budget. The local agency must clearly specify the priority of alternates which will be considered and indicate that the award will be based on the lowest responsive bid. This budgeted amount will be used to help determine which contractor the project will be awarded to, as the agency will be required to award the project to the contractor who can provide the most amount of work (base bid plus alternates) that is within the agency’s budget.

Smithk: Per LPA Coordinator, reference to specbook updated. Fig. 136.10.1 also updated so as not to refer to the 2004 specbook

2011-06-02T19:50:02Z

Per LPA Coordinator, reference to specbook updated. Fig. 136.10.1 also updated so as not to refer to the 2004 specbook

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	\|colspan="2"\|<center>'''Additional Information'''</center>		\|colspan="2"\|<center>'''Additional Information'''</center>
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	\|[[media:136.10.1 Checklist for Bid Proposal (Fig. 10-1R) ~~Feb~~ 2011.xls\|Fig. 136.10.1 Checklist for Bid Proposal]]\|\|[[media:136.10.2 Sample Advertisement (Fig. 10-2).doc\|Fig. 136.10.2 Sample Advertisement]]		\|[[media:136.10.1 Checklist for Bid Proposal (Fig. 10-1R) Jun 2011.xls\|Fig. 136.10.1 Checklist for Bid Proposal]]\|\|[[media:136.10.2 Sample Advertisement (Fig. 10-2).doc\|Fig. 136.10.2 Sample Advertisement]]
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	\|[[media:136.10.3 Anti-Collusion Statement (Fig. 10-3).doc\|Fig. 136.10.3 Anti-Collusion Statement]]\|\|[[media:136.10.4 Subcontractor Affirm Action (Fig. 10-4).doc\|Fig. 136.10.4 Subcontractor Certification Regarding Affirmative Action]]		\|[[media:136.10.3 Anti-Collusion Statement (Fig. 10-3).doc\|Fig. 136.10.3 Anti-Collusion Statement]]\|\|[[media:136.10.4 Subcontractor Affirm Action (Fig. 10-4).doc\|Fig. 136.10.4 Subcontractor Certification Regarding Affirmative Action]]
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	===136.10.1 Bid Proposals===		===136.10.1 Bid Proposals===

	Bid proposals must include a number of federal provisions and documents, (refer to [[media:136.10.1 Checklist for Bid Proposal (Fig. 10-1R) ~~Feb~~ 2011.xls\|Fig. 136.10.1 Checklist for Bid Proposal]]). The provisions are explained in detail in [http://www.modot.mo.gov/business/standards_and_specs/highwayspecs.htm the Missouri Standard Specifications for Highway Construction] and the [http://www.modot.mo.gov/business/contractor_resources/bidOpenIndex.shtml Required Federal Aid Provisions & Federal Wage Rates]. Additional provisions are explained in the [http://www.fhwa.dot.gov/programadmin/contracts/1273.pdf Federal Highway Administration Form 1273] publication. All three of these documents are available free of charge on [http://www.modot.mo.gov MoDOT's web site]. The local agency can also contact the [http://www.modot.mo.gov/ MoDOT district representative] to obtain the current edition to these publications and determine if any other required documents that should be included in the bid proposal.		Bid proposals must include a number of federal provisions and documents, (refer to [[media:136.10.1 Checklist for Bid Proposal (Fig. 10-1R) Jun 2011.xls\|Fig. 136.10.1 Checklist for Bid Proposal]]). The provisions are explained in detail in [http://www.modot.mo.gov/business/standards_and_specs/highwayspecs.htm the Missouri Standard Specifications for Highway Construction] and the [http://www.modot.mo.gov/business/contractor_resources/bidOpenIndex.shtml Required Federal Aid Provisions & Federal Wage Rates]. Additional provisions are explained in the [http://www.fhwa.dot.gov/programadmin/contracts/1273.pdf Federal Highway Administration Form 1273] publication. All three of these documents are available free of charge on [http://www.modot.mo.gov MoDOT's web site]. The local agency can also contact the [http://www.modot.mo.gov/ MoDOT district representative] to obtain the current edition to these publications and determine if any other required documents that should be included in the bid proposal.

	A boilerplate bid proposal (refer to Fig. 136.10.5 Federal Project Boilerplate Bid Proposal) is available for contracts that reference the Missouri Standard Specifications for Highway Construction.		A boilerplate bid proposal (refer to Fig. 136.10.5 Federal Project Boilerplate Bid Proposal) is available for contracts that reference the Missouri Standard Specifications for Highway Construction.
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	===136.10.8 Contractor Requirements===		===136.10.8 Contractor Requirements===

	The bid proposal must also stipulate that the prime contractor on a project must perform with its own organization, contract work amounting to not less than 30% of the total original contract price. A prime contractor must have a fully responsive contractor questionnaire on file with the Missouri Highways and Transportation Commission (MHTC) at least seven (7) days prior to the bid opening date if this project involves roadway or bridge work. To get on the approved contractor listing prior to letting, [http://www.modot.mo.gov/pdf/business/Contractor_Questionnaire.pdf click here]. The following sentence could be inserted into the contract that would allow contractors not on the listing to submit a bid for the project. “[http://www.modot.mo.gov/business/standards_and_specs/Sec0102.pdf Sec 102.2 of the Missouri Standard Specifications for Highway Construction~~, 2004 Edition~~] will be waived for this project.” This statement should only be used on proposed improvements that do not contain roadway or bridge construction (i.e., landscaping, sidewalks, bicycle path, etc.). If this waiver is not inserted in the contract and the bidder is not on MoDOT’s listing, the bidder cannot be awarded the project. The project may be awarded to the second low bidder.		The bid proposal must also stipulate that the prime contractor on a project must perform with its own organization, contract work amounting to not less than 30% of the total original contract price. A prime contractor must have a fully responsive contractor questionnaire on file with the Missouri Highways and Transportation Commission (MHTC) at least seven (7) days prior to the bid opening date if this project involves roadway or bridge work. To get on the approved contractor listing prior to letting, [http://www.modot.mo.gov/pdf/business/Contractor_Questionnaire.pdf click here]. The following sentence could be inserted into the contract that would allow contractors not on the listing to submit a bid for the project. “[http://www.modot.mo.gov/business/standards_and_specs/Sec0102.pdf Sec 102.2 of the Missouri Standard Specifications for Highway Construction] will be waived for this project.” This statement should only be used on proposed improvements that do not contain roadway or bridge construction (i.e., landscaping, sidewalks, bicycle path, etc.). If this waiver is not inserted in the contract and the bidder is not on MoDOT’s listing, the bidder cannot be awarded the project. The project may be awarded to the second low bidder.

	The bid proposal must also stipulate that second-tier subcontracting will not be permitted on the project. It will be the responsibility of the contractor to ensure that subcontractors do not subcontract any portion of the work.		The bid proposal must also stipulate that second-tier subcontracting will not be permitted on the project. It will be the responsibility of the contractor to ensure that subcontractors do not subcontract any portion of the work.

Smithk: Per LPA Coordinator and Design, wage rate guidance in EPG 136.10.1 clarified. New boilerplate document added to EPG 136.10.2 so LPAs have a starting point for bid proposal documents.

2011-05-23T19:48:47Z

Per LPA Coordinator and Design, wage rate guidance in EPG 136.10.1 clarified. New boilerplate document added to EPG 136.10.2 so LPAs have a starting point for bid proposal documents.

← Older revision		Revision as of 14:48, 23 May 2011
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	\|[[media:136.10.3 Anti-Collusion Statement (Fig. 10-3).doc\|Fig. 136.10.3 Anti-Collusion Statement]]\|\|[[media:136.10.4 Subcontractor Affirm Action (Fig. 10-4).doc\|Fig. 136.10.4 Subcontractor Certification Regarding Affirmative Action]]		\|[[media:136.10.3 Anti-Collusion Statement (Fig. 10-3).doc\|Fig. 136.10.3 Anti-Collusion Statement]]\|\|[[media:136.10.4 Subcontractor Affirm Action (Fig. 10-4).doc\|Fig. 136.10.4 Subcontractor Certification Regarding Affirmative Action]]
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	\|~~colspan="2"~~\|~~<center>~~[http://www.modot.mo.gov/business/materials/ADA%20Post%20Construction%20Inspection%20Checklist%20Jan%2022,%202009.doc ADA Post-Construction Checklist]~~</center>~~		\|[[media:136.10.5 Federal Project Boilerplate Bid Proposal.doc\|Fig. 136.10.5 Federal Project Boilerplate Bid Proposal]]\|\|[http://www.modot.mo.gov/business/materials/ADA%20Post%20Construction%20Inspection%20Checklist%20Jan%2022,%202009.doc ADA Post-Construction Checklist]
	\|}		\|}

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	Bid proposals must include a number of federal provisions and documents, (refer to [[media:136.10.1 Checklist for Bid Proposal (Fig. 10-1R) Feb 2011.xls\|Fig. 136.10.1 Checklist for Bid Proposal]]). The provisions are explained in detail in [http://www.modot.mo.gov/business/standards_and_specs/highwayspecs.htm the Missouri Standard Specifications for Highway Construction] and the [http://www.modot.mo.gov/business/contractor_resources/bidOpenIndex.shtml Required Federal Aid Provisions & Federal Wage Rates]. Additional provisions are explained in the [http://www.fhwa.dot.gov/programadmin/contracts/1273.pdf Federal Highway Administration Form 1273] publication. All three of these documents are available free of charge on [http://www.modot.mo.gov MoDOT's web site]. The local agency can also contact the [http://www.modot.mo.gov/ MoDOT district representative] to obtain the current edition to these publications and determine if any other required documents that should be included in the bid proposal.		Bid proposals must include a number of federal provisions and documents, (refer to [[media:136.10.1 Checklist for Bid Proposal (Fig. 10-1R) Feb 2011.xls\|Fig. 136.10.1 Checklist for Bid Proposal]]). The provisions are explained in detail in [http://www.modot.mo.gov/business/standards_and_specs/highwayspecs.htm the Missouri Standard Specifications for Highway Construction] and the [http://www.modot.mo.gov/business/contractor_resources/bidOpenIndex.shtml Required Federal Aid Provisions & Federal Wage Rates]. Additional provisions are explained in the [http://www.fhwa.dot.gov/programadmin/contracts/1273.pdf Federal Highway Administration Form 1273] publication. All three of these documents are available free of charge on [http://www.modot.mo.gov MoDOT's web site]. The local agency can also contact the [http://www.modot.mo.gov/ MoDOT district representative] to obtain the current edition to these publications and determine if any other required documents that should be included in the bid proposal.

			A boilerplate bid proposal (refer to Fig. 136.10.5 Federal Project Boilerplate Bid Proposal) is available for contracts that reference the Missouri Standard Specifications for Highway Construction.

	===136.10.2 Wage Rate===		===136.10.2 Wage Rate===

	Federal Davis-Bacon prevailing wage rate determinations are required on all federal contracts except when the project is located off the federal-aid highway system. Local projects that are located on roadways classified as local roads or rural minor collectors are exempt from the Federal Wage Rate requirement. However, other federal-aid provisions still apply. If other federal funds are being used on a project located off the federal-aid highway system, Davis-Bacon rates may be required by the other federal agency that provides funds. Davis-Bacon determinations may be obtained from MoDOT. The most current version of the federal wage rates will be provided to the local agency when the authority to advertise is granted. The local agency must use the applicable state or federal wage rates effective on the tenth day before the letting for all projects. ~~When state and~~ federal wage rates ~~are both~~ required ~~the higher of the two~~ for ~~each job classification should be used~~. If the wage rates change between the tenth day and the bid opening date, the wage rates effective on the tenth day will be the rates used for the project. The local agency ~~should~~ request ~~state wage rates~~ from the Industrial Commission, Missouri Department of Labor and Industrial Relations, Box 449, Jefferson City, Missouri 65102 or by calling (573) 751-3403.		Federal Davis-Bacon prevailing wage rate determinations are required on all federal contracts except when the project is located off the federal-aid highway system. Local projects that are located on roadways classified as local roads or rural minor collectors are exempt from the Federal Wage Rate requirement. However, other federal-aid provisions still apply. If other federal funds are being used on a project located off the federal-aid highway system, Davis-Bacon rates may be required by the other federal agency that provides funds. Davis-Bacon determinations may be obtained from MoDOT. The most current version of the federal wage rates will be provided to the local agency when the authority to advertise is granted. The local agency must use the applicable state or federal wage rates effective on the tenth day before the letting for all projects. If the federal wage rate changes prior to the tenth day before the bid opening, the local agency must issue an addendum to update the federal wage rates (not required for state wage rates). If the federal and state wage rates change between the tenth day and the bid opening date, the wage rates effective on the tenth day will be the rates used for the project. When state and federal wage rates are both required the higher of the two for each job classification should be used.

			The local agency must request an Annual State Wage Determination for each contract from the [http://labor.mo.gov/DLS/PrevailingWage/awo.asp#awo Industrial Commission, Missouri Department of Labor and Industrial Relations] (DOLIR), Box 449, Jefferson City, Missouri 65102 or by calling (573) 751-3403. The local agency will receive a password from the Missouri DOLIR which is required to access the official Annual Wage Order and incremental increases on the Missouri DOLIR webpage. Contracts must be awarded within one year of the issuance of the official Annual Wage Order or the local agency will be required to request a new Annual Wage Order determination.

	===136.10.3 Disadvantaged Business Enterprise (DBE)===		===136.10.3 Disadvantaged Business Enterprise (DBE)===

Smithk: /* 136.10.3 Disadvantaged Business Enterprise (DBE) */ Minor update of a link

2011-03-21T17:51:31Z

136.10.3 Disadvantaged Business Enterprise (DBE): Minor update of a link

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	===136.10.3 Disadvantaged Business Enterprise (DBE)===		===136.10.3 Disadvantaged Business Enterprise (DBE)===

	One of the provisions, which must be included, is the Disadvantaged Business Enterprise (DBE) Contract Provisions. All bidding documents must refer to [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=~~832b2f4a03638c6f66e65838f86f9dda&~~rgn=div5&view=text&node=49:1.0.1.1.~~19&~~idno=49 49 CFR Part 26]. The local agency should contact the MoDOT district representative to obtain the current [[136.14 Helpful Information and Links#136.14.3.1 Commonly Used Forms\|DBE contract provisions]]. To assist the state in achieving goals, it will be necessary for the local agency to set up goals for socially and economically disadvantaged individuals (DBEs). A request must be made to the MoDOT district representative to establish a DBE goal for each project. For small projects or for projects that do not lend themselves readily to subcontract work, the goals may be reduced or even set at zero, but the provision should still be included. The DBE submittal forms shall be completed and submitted with the bid proposal or delivered by the low and second low bidder within three working days after the bid opening date.		One of the provisions, which must be included, is the Disadvantaged Business Enterprise (DBE) Contract Provisions. All bidding documents must refer to [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=e0abdb261afa95f324097b1c674f2367;rgn=div5;view=text;node=49%3A1.0.1.1.20;idno=49;cc=ecfr 49 CFR Part 26]. The local agency should contact the MoDOT district representative to obtain the current [[136.14 Helpful Information and Links#136.14.3.1 Commonly Used Forms\|DBE contract provisions]]. To assist the state in achieving goals, it will be necessary for the local agency to set up goals for socially and economically disadvantaged individuals (DBEs). A request must be made to the MoDOT district representative to establish a DBE goal for each project. For small projects or for projects that do not lend themselves readily to subcontract work, the goals may be reduced or even set at zero, but the provision should still be included. The DBE submittal forms shall be completed and submitted with the bid proposal or delivered by the low and second low bidder within three working days after the bid opening date.

	If any DBEs shown on the submittal forms are not listed on the MoDOT approved listing, then that DBE’s work will not be counted as DBE participation work and may be cause for rejection of the bid. 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. MoDOT will review and approve the good faith effort. DBEs must be listed on the MoDOT approved listing at the time of the contract letting (bid opening).		If any DBEs shown on the submittal forms are not listed on the MoDOT approved listing, then that DBE’s work will not be counted as DBE participation work and may be cause for rejection of the bid. 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. MoDOT will review and approve the good faith effort. DBEs must be listed on the MoDOT approved listing at the time of the contract letting (bid opening).

	According to the Federal Highway Administration, [http://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm Title 23] and [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=832b2f4a03638c6f66e65838f86f9dda&c=ecfr&tpl=/ecfrbrowse/Title29/29tab_02.tpl Title 29] prohibit any provision on federal-aid projects unless it meets federal requirements. Therefore, any provision setting a DBE/MBE/WBE goal cannot be allowed unless that program meets the requirements of [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=~~832b2f4a03638c6f66e65838f86f9dda&~~rgn=div5&view=text&node=49:1.0.1.1.~~19&~~idno=49 49 CFR Part 26]. Specifically, Part 26 does not permit separate goals for minorities and females without a specific authorization and waiver. Further, federal regulations state that any amount of federal money used on a project makes that project federally funded and the prohibition is applicable.		According to the Federal Highway Administration, [http://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm Title 23] and [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=832b2f4a03638c6f66e65838f86f9dda&c=ecfr&tpl=/ecfrbrowse/Title29/29tab_02.tpl Title 29] prohibit any provision on federal-aid projects unless it meets federal requirements. Therefore, any provision setting a DBE/MBE/WBE goal cannot be allowed unless that program meets the requirements of [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=e0abdb261afa95f324097b1c674f2367;rgn=div5;view=text;node=49%3A1.0.1.1.20;idno=49;cc=ecfr 49 CFR Part 26]. Specifically, Part 26 does not permit separate goals for minorities and females without a specific authorization and waiver. Further, federal regulations state that any amount of federal money used on a project makes that project federally funded and the prohibition is applicable.

	Therefore, no project funded by federal money, whether administered by MoDOT or any other entity receiving federal funds, can contain an MBE or WBE goal, even if mandated by city ordinance. Any project submitted with such a goal will not be approved for federal funds.		Therefore, no project funded by federal money, whether administered by MoDOT or any other entity receiving federal funds, can contain an MBE or WBE goal, even if mandated by city ordinance. Any project submitted with such a goal will not be approved for federal funds.

Smithk: minor correction for Fig 136.10.1, per Design

2011-02-22T17:59:53Z

minor correction for Fig 136.10.1, per Design

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	\|colspan="2"\|<center>'''Additional Information'''</center>		\|colspan="2"\|<center>'''Additional Information'''</center>
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	\|[[media:136.10.1 Checklist for Bid Proposal (Fig. 10-1R) ~~Dec 2010~~.xls\|Fig. 136.10.1 Checklist for Bid Proposal]]\|\|[[media:136.10.2 Sample Advertisement (Fig. 10-2).doc\|Fig. 136.10.2 Sample Advertisement]]		\|[[media:136.10.1 Checklist for Bid Proposal (Fig. 10-1R) Feb 2011.xls\|Fig. 136.10.1 Checklist for Bid Proposal]]\|\|[[media:136.10.2 Sample Advertisement (Fig. 10-2).doc\|Fig. 136.10.2 Sample Advertisement]]
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	\|[[media:136.10.3 Anti-Collusion Statement (Fig. 10-3).doc\|Fig. 136.10.3 Anti-Collusion Statement]]\|\|[[media:136.10.4 Subcontractor Affirm Action (Fig. 10-4).doc\|Fig. 136.10.4 Subcontractor Certification Regarding Affirmative Action]]		\|[[media:136.10.3 Anti-Collusion Statement (Fig. 10-3).doc\|Fig. 136.10.3 Anti-Collusion Statement]]\|\|[[media:136.10.4 Subcontractor Affirm Action (Fig. 10-4).doc\|Fig. 136.10.4 Subcontractor Certification Regarding Affirmative Action]]
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	===136.10.1 Bid Proposals===		===136.10.1 Bid Proposals===

	Bid proposals must include a number of federal provisions and documents, (refer to [[media:136.10.1 Checklist for Bid Proposal (Fig. 10-1R) ~~Dec 2010~~.xls\|Fig. 136.10.1 Checklist for Bid Proposal]]). The provisions are explained in detail in [http://www.modot.mo.gov/business/standards_and_specs/highwayspecs.htm the Missouri Standard Specifications for Highway Construction] and the [http://www.modot.mo.gov/business/contractor_resources/bidOpenIndex.shtml Required Federal Aid Provisions & Federal Wage Rates]. Additional provisions are explained in the [http://www.fhwa.dot.gov/programadmin/contracts/1273.pdf Federal Highway Administration Form 1273] publication. All three of these documents are available free of charge on [http://www.modot.mo.gov MoDOT's web site]. The local agency can also contact the [http://www.modot.mo.gov/ MoDOT district representative] to obtain the current edition to these publications and determine if any other required documents that should be included in the bid proposal.		Bid proposals must include a number of federal provisions and documents, (refer to [[media:136.10.1 Checklist for Bid Proposal (Fig. 10-1R) Feb 2011.xls\|Fig. 136.10.1 Checklist for Bid Proposal]]). The provisions are explained in detail in [http://www.modot.mo.gov/business/standards_and_specs/highwayspecs.htm the Missouri Standard Specifications for Highway Construction] and the [http://www.modot.mo.gov/business/contractor_resources/bidOpenIndex.shtml Required Federal Aid Provisions & Federal Wage Rates]. Additional provisions are explained in the [http://www.fhwa.dot.gov/programadmin/contracts/1273.pdf Federal Highway Administration Form 1273] publication. All three of these documents are available free of charge on [http://www.modot.mo.gov MoDOT's web site]. The local agency can also contact the [http://www.modot.mo.gov/ MoDOT district representative] to obtain the current edition to these publications and determine if any other required documents that should be included in the bid proposal.

	===136.10.2 Wage Rate===		===136.10.2 Wage Rate===

Smithk: /* 136.10.4 On the Job Training (OJT) */Per ECR, final trainee summary guidance updated

2011-02-15T18:22:37Z

136.10.4 On the Job Training (OJT): Per ECR, final trainee summary guidance updated

← Older revision		Revision as of 13:22, 15 February 2011
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	When a project receives a goal, the training special provisions (TSP) shall be included in the bid proposal. The TSP may be obtained from the MoDOT district representative or on [http://www.modot.mo.gov/business/manuals/localpublicagency.htm the LPA website]. Prior to the notice to proceed, the contractor shall submit the trainee notification form to the Resident Engineer (RE) Office where the project is located. The RE Office will then forward the notification to MoDOT ECR Division for approval of the proposed trainee(s).		When a project receives a goal, the training special provisions (TSP) shall be included in the bid proposal. The TSP may be obtained from the MoDOT district representative or on [http://www.modot.mo.gov/business/manuals/localpublicagency.htm the LPA website]. Prior to the notice to proceed, the contractor shall submit the trainee notification form to the Resident Engineer (RE) Office where the project is located. The RE Office will then forward the notification to MoDOT ECR Division for approval of the proposed trainee(s).

	In addition to the trainee notification form, the contractor must submit monthly trainee reports throughout the course of the training and the trainee completion form ~~and~~ final trainee summary ~~upon completion~~ of the ~~training, which may~~ or ~~may not occur at~~ the ~~completion of~~ the project. These forms shall also be submitted to the Resident Engineer (RE) Office where the project is located. The RE Office will then forward the notification to MoDOT ECR Division for approval. The monthly trainee reports will be verified by the RE Office against the certified payroll for accuracy and then forwarded to the ECR Division.		In addition to the trainee notification form, the contractor must submit monthly trainee reports throughout the course of the training and the trainee completion form. The final trainee summary shall be completed at the end of the project or when the trainee goal on the project has been achieved. These forms shall also be submitted to the Resident Engineer (RE) Office where the project is located. The RE Office will then forward the notification to MoDOT ECR Division for approval. The monthly trainee reports will be verified by the RE Office against the certified payroll for accuracy and then forwarded to the ECR Division.

	For further information and guidance about the OJT program and the submittal forms, you may access [http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/jobtraining.htm the ECR website] or call (573) 751-1216.		For further information and guidance about the OJT program and the submittal forms, you may access [http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/jobtraining.htm the ECR website] or call (573) 751-1216.