Amendment 3 DBE documents

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					THE FOLLOWING IS BEING ADDED TO SECTION V OF 10-RFP-5648-DH
AND IS PART OF AMENDMENT 3.

5.8       DBE GOAL INFORMATION FOR MADISON COUNTY TRANSIT DISTRICT

This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs.

The DISTRICT has established a 7%_DBE goal for this solicitation.

Prior to award and as part of the review process of the bids, the DISTRICT will confirm that every DBE
listed on the Schedule of Participation for DBE Subcontractors is certified in the IL UCP Directory. Only
firms listed in the IL UCP Directory at the time of bid opening, at award, and throughout the project will
qualify as a DBE. The IL UCP Directory website is: http://www.dot.state.il.us/ucp/ucp.html .

Bidders are required to document sufficient DBE participation to meet the DISTRICT’s goal or,
alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of
the contract is conditioned on submission of the following information as a matter of responsibility.

      1. The full names and addresses of DBE firms that will participate in this contract;
         (Please note, if using trucking firm and/or suppliers towards DBE goal the trucking and supplier
         must be listed and additional information may be required to determine value of work awarded to
         the goal. I. E. does a DBE use own trucks or lease trucks? If a DBE supplier is also the
         manufacturer 100% value, a regular supplier 60% value.)
      2. A description of the work each DBE will perform;
      3. The dollar amount of the participation of each DBE firm participating;
      4. Written documentation of the bidder’s commitment to use a DBE subcontractor whose
         participation it submits to meet the contract goal;
      5. Written confirmation from the DBE that it is participating in the contract as provided in the prime
         contractor’s commitment; and
      6. If the contract goal is not met, evidence of good faith efforts to do so.

Good faith effort: Bidder’s documents should show that it took all necessary and reasonable steps to
achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness
to the objective, could reasonably be expected to obtain sufficient DBE participation even if they were not
fully successful. Suggested actions that show good faith effort include:
     1. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings,
         advertising and/or written notices) the interest of all certified DBEs who have the capability to
         perform the work of the contract. The bidder must solicit this interest within sufficient time to
         allow the DBEs to respond to the solicitation. The bidder must determine with certainty if the
         DBEs are interested by taking appropriate steps to follow up initial solicitations.
     2. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that
         the DBE goals will be achieved. This includes, where appropriate, breaking out contract work
         items into economically feasible units to facilitate DBE participation even when the prime
         contractor might otherwise prefer to perform these work items with its own forces.
     3. Providing interested DBEs with adequate information about the plans, specifications, and
         requirements of the contract in a timely manner to assess them in responding to a solicitation.
      4. a) Negotiating in good faith with interested DBEs. It is the bidder’s responsibility to make a
         portion of the work available to DBE subcontractors and suppliers and to select those portions of
         the work or material needs consistent with the available DBE subcontractors and suppliers, so as
         to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and
         telephone numbers of DBEs to perform the work.
         b) A bidder using good business judgment would consider a number of factors in negotiating
         with subcontractors, including DBE subcontractors, and would take a firm’s price and capabilities
         as well as contract goals into consideration. However, the fact that there may be some additional
         costs involved in finding and using DBEs is not in itself sufficient reason for a bidder’s failure to
         meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a
         prime contractor to perform the work of a contract with its own organization does not relieve the
         bidder of the responsibility make good faith efforts. Prime contractors are not, however, required
         to accept higher quotes form DBEs if the price difference is excessive or unreasonable.
      5. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation
         of their capabilities. The contractor’s standing within its industry, membership in specific groups,
         organizations, or associations and political r social affiliations (for example union vs. non-union
         employee status) are not legitimate causes for the rejection or non-solicitation of bids in the
         contractor’s efforts to meet the project goal.
      6. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as
         required by the recipient or contractor.
      7. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or
         related assistance or services.
      8. Effectively using the services of available minority/women community organizations;
         minority/woman contractors’ groups; local, state, and Federal minority/women business
         assistance offices; and other organizations as allowed on a case-by-case basis to provide
         assistance in the recruitment and placement of DBEs.

The apparent successful bidder may be deemed to be non-responsible by DISTRICT by not meeting the
contract goal or documenting their good faith efforts. Within seven calendar (7) days of the date of
notification, bidder may submit a written request for administrative reconsideration to DISTRICT’s
Managing Director. As part of this reconsideration, the bidder shall have the opportunity to present
written documentation or argument concerning the issue of goal attainment or inadequate good faith
efforts. DISTRICT’s Managing Director shall send the written reconsideration determination to
contractor, explaining the basis for findings that contractor did or did not meet goal or make adequate
good faith efforts. The decision shall be considered final.


5.9       DBE GOAL INFORMATION FOR METRO

Bidder shall demonstrate to the Agency how the DBE Goal as specified in the Bid Contract Documents
shall be achieved. In the event the Bidder cannot meet the goal, the Bidder must complete and submit
with the bid documentation, good faith efforts in accordance with Guidance Concerning Good Faith
Effort. The following website,
http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/mrcc.htm lists certified
DBE firms under the Unified Certification Program (UCP).

1. DBE GOAL

      A. Metro has established a DBE participation goal for this project of 7% of the Total Lump Sum
         Contract/ Bid Price Form.
  B. The Bidder must clearly state in its Bid how this goal will be achieved by identifying proposed
     subconsultant/subcontractor DBE firms. Only firms that have been certified by the Missouri
     Unified Certification Program and the Illinois Unified Certification Program, as DBE concerns,
     before the due date for bids or offers will be counted toward DBE participation. The Manager of
     the Office of Supplier Diversity may be contacted for information on certification requirements and
     to obtain certification forms. All DBE firms are invited to fully participate in this procurement as
     the primary firm or as a partner with another firm. All Bidders shall take all necessary and
     reasonable steps to help remove barriers to ensure that DBE firms participate in subcontracts and/or
     joint ventures opportunities.

2. NON-DISCRIMINATION

  Bidders shall not discriminate on the basis of race, color, national origin, or sex in the award and
  performance of any Metro contract. After contract award, the contractor shall carry out applicable
  requirements of 49 CFR Part 26 in the award and administration of U. S. Department of
  Transportation (USDOT) assisted subcontracts. Failure by the contractor to carry out these
  requirements is a material breach of this contract, which may result in the termination of this contract
  or such other remedy, as Metro deems appropriate.


3. DISADVANTAGED BUSINESS ENTERPRISE DEFINITION

  A DBE firm is defined as a for profit small business concern:

  That is at least 51 percent owned by one or more individuals who are both socially and economically
  disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or
  more such individuals; and

  Whose management and daily business operations are controlled by one or more of the socially and
  economically disadvantaged individuals who own it. Additionally, the person(s) meeting the criteria,
  as socially and economically disadvantaged, cannot have a personal net worth over $750,000.00.

4. CERTIFICATION OF DBE FIRMS

  In order to be recognized as a DBE by Metro, firms must be certified. Metro’s certification process
  complies with the procedures established by the USDOT in 49 CFR Part 26, Subpart E – Certification
  Procedures. Any firm interested in obtaining an application for certification must contact the Manager
  of Supplier Diversity at the address specified in Section 7.57, Article 4.

5. CONTACT FOR DBE CERTIFICATIONS.

  DBE firms certified with the Missouri Regional Certification Committee (MRCC) will be recognized
  as certified DBEs by Metro upon receipt of verification. Therefore, for purposes of meeting the
  bid/proposal submittal requirements, a DBE certified firm must be certified by the Missouri Unified
  Certification Program (City of St. Louis/Lambert, MoDOT, Metro, City of Kansas City, and Kansas
  City Area Transit Authority) to be counted toward the DBE participation goal for the project. Prime
  contractors are encouraged to communicate this information to their non-DBE subcontractors.
  Metro’s Supplier Diversity Program Office can assist you with your certification questions.

  The Illinois Department of Transportation, City of Chicago, CTA, Metra and Pace have established
  the Illinois Unified Certification Program (IL UCP). Therefore, for purposes of meeting the
  bid/proposal submittal requirements, a DBE certified firm must be certified by the Illinois Unified
  Certification Program (The Illinois Department of Transportation, City of Chicago, CTA, Metra and
  Pace) to be counted toward the DBE participation goal for this project. IDOT has supportive services
  consultants who can assist you. Supportive services assistance is free to firms who are seeking IDOT
  DBE certification or are already certified by IDOT. Visit IDOT’s web site at
  www.dot.il.gov/sbe/ssassistance.html for a listing of IDOT’s supportive services consultants.

  Prime contractors are encouraged to communicate this information to their non-DBE subcontractors.

6. CALCULATION OF CONTRACT EXPENDITURES TOWARD DBE GOAL ACHIEVEMENT

  The Bidder/Proposer must utilize Metro or Unified Certification Program -certified DBE contractors
  and vendors to meet the DBE participation goal established for this contract. DBE contractors must
  perform a commercially useful function for this contract. Only the value of the work actually
  performed by DBE contractors can be counted. The following serves as a guide in valuing
  subcontractor expenditures toward DBE goal achievement.

  One hundred percent (100%) of the dollar value of the expenditure may be counted toward the goal if
  the DBE is a manufacturer (produces products from raw materials or substantially alters materials
  before resale).

  One hundred percent (100%) of the dollar value of the expenditure may be counted toward the goal if
  the DBE subconsultant/subcontractor performs the contract work with their own forces. Include the
  cost of supplies and material obtained by the DBE for the work of the contract, including supplies
  purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor
  purchases or leases from the prime contractor or its affiliate).

  One hundred percent (100%) of the dollar value of fees or commissions charged by a DBE firm may
  be counted for providing a bona fide service, such as professional, technical, consultant, or
  managerial services, or for providing bonds or insurance specifically required for the performance of
  this contract, provided that the fee is determined to be reasonable and not excessive as compared with
  fees customarily allowed for similar services.

  One hundred percent (100%) of the value of the work a DBE subcontractor contracts to another DBE
  contractor. Work that a DBE subcontractor contracts to a non-DBE firm does not count toward the
  DBE goal.

  Sixty percent (60%) of the dollar value of the expenditure may be counted toward the goal if the
  DBE is a regular dealer of the materials or supplies.

  A. “Regular Dealer” means a firm that owns, operates, or maintains a store, warehouse, or other
     establishment in which the materials, supplies, articles or equipment of the general character
     described by the specifications required for the performance of the contract are bought, kept in
     stock, and regularly sold or leased to the public in the usual course of business. To be a regular
     dealer, the firm must be an established, regular business that engages in, as its principal business
     and under its own name, in the purchase and sale or lease of the products in question. A person
     may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or
     asphalt without owning, operating, or maintaining a place of business as provided in this
     paragraph if the person both owns and operates distribution equipment for the products. Any
     supplementing of regular dealers' own distribution equipment shall be by a long-term lease
     agreement and not on an ad hoc or contract-by-contract basis.
  B. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite
     transactions are not regular dealers with the meaning of the above paragraph 1.04 E.1 and are
     considered "Brokers".

  C. For materials or supplies purchased from a DBE "Broker" (which is neither a manufacturer nor a
     regular dealer), count the entire amount of fees or commissions charged for assistance in the
     procurement of the materials and supplies, or fees or transportation charges for the delivery of
     materials or supplies required on a job site, toward the DBE goals, provided they are reasonable
     and not excessive as compared with fees customarily allowed for similar services. Do not count
     any portion of the cost of the material and supplies themselves toward the DBE goals.

  D. For joint ventures between a certified DBE and a non-DBE firm, only the receipts/payments to
     the certified DBE partner will be counted.

7. GUIDANCE CONCERNING GOOD FAITH EFFORT

  A. If a contract goal has been established, a Bidder must, in order to be responsible and/or
     responsive, make good faith efforts to meet the goal. The Bidder can meet this requirement in
     either of two ways. First, the Bidder can meet the goal, documenting commitments for
     participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal,
     the Bidder can document adequate good faith efforts. This means that the Bidder must show that
     it took all necessary and reasonable steps to achieve the DBE goal or other requirement of this
     part that, by their scope, intensity, and appropriateness to the objective, could reasonably be
     expected to obtain sufficient DBE participation, even if they were not fully successful. This
     document must be submitted with the bid if DBE goal is not met.

  B. Metro will make a fair and reasonable judgment whether a Bidder that did not meet the goal made
     adequate good faith efforts. Metro will consider the quality, quantity, and intensity of the
     different kinds of efforts that the Bidder has made. The efforts employed by the Bidder should be
     those that one could reasonably expect a Bidder to take if the Bidder were actively and
     aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere
     pro forma efforts are not good faith efforts to meet the DBE contract requirements. Meeting
     quantitative formulas is not required and should not be relied upon by the Bidder as a determining
     factor.

  C. Metro will not require the Bidder to obtain a specified amount of DBE participation in order to be
     awarded a contract, even though the Bidder makes an adequate good faith efforts showing. Metro
     will not ignore bona fide good faith efforts.

  D. The following is a list of the types of actions, which Metro will consider in evaluating the
     Bidder's good faith efforts to obtain DBE participation. It is not intended to be a mandatory
     checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be
     relevant in appropriate cases. Metro will evaluate all documentation submitted by a Bidder in the
     evaluation process.

  E. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings,
     advertisements and/or written notices) the interest of all certified and certifiable DBEs who have
     the capability to perform the work of the contract. The Bidder must solicit this interest within
     sufficient time to allow the DBEs to respond to the solicitation and to conduct an investigation of
     the bidder's genuine interest. The Bidder must determine with certainty if the DBEs are
     interested by taking appropriate steps to follow up initial solicitations. Clear and comprehensive
     documentation should be submitted evidencing genuine efforts to attract DBEs.

F. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that
   the DBE goals will be achieved. This includes, where appropriate, breaking out contract work
   items into economically feasible units to facilitate DBE participation, even when the prime
   contractor might otherwise prefer to perform these work items with its own forces. Mere
   geographical breakouts are insufficient documentation of bona fide efforts to breakout the work
   into economically feasible units.

G. Providing interested DBEs with adequate information about the plans, specifications, and
   requirements of the contract in a timely manner to assist them in responding to a solicitation.
   Providing technical assistance and support in reviewing plans and specifications.

H. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a
   portion of the work available to DBE subcontractors and suppliers and to select those portions of
   the work or material needs consistent with the available DBE subcontractors and suppliers, so as
   to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and
   telephone numbers of DBEs that were considered; a description of the information provided
   regarding the plans and specifications for the work selected for subcontracting; and evidence as to
   why additional agreements could not be reached for DBEs to perform the work. Where practical,
   providing support and offering support to DBEs to identify and negotiate areas of concern in an
   effort to obtain DBE participation.

     (2) A Bidder using good business judgment would consider a number of factors in negotiating
     with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities
     as well as contract goals into consideration. However, the fact that there may be some additional
     costs involved in finding and using DBEs is not in itself sufficient reason for a Bidder's failure to
     meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a
     prime contractor to perform the work of a contract with its own organization does not relieve the
     Bidder of the responsibility to make good faith efforts. Bidders are not, however, required to
     accept higher quotes from DBEs if the price difference is excessive or unreasonable. Bidders are
     expected to discuss areas of gross difference with DBEs in an effort to negotiate in good faith.
     Bidders are not to reject a bid as excessive without communicating/negotiating with the DBE.

I.   Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation
     of their capabilities. The contractor's standing within its industry, membership in specific groups,
     organizations, or associations and political or social affiliations (for example union vs. non-union
     employee status) are not legitimate causes for the rejection or non-solicitation of bids in the
     contractor's efforts to meet the project goal.

J. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as
   required by Metro or contractor. Documented efforts made by the Bidder to provide/relax
   bonding/insurance coverage, provide financial assistance (such as expedited invoice processing,
   expedited prompt payment procedures, mobilization support, etc.) for DBEs will be given
   additional positive consideration by Metro in evaluating a Bidder's good faith efforts.

K. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or
   related assistance or services and facilitating competitive rates and access to manufacturer’s or
   distributors should be documented.
  L. Effectively using the services of available minority/women community organizations;
     minority/women contractors' groups; local, state, and Federal minority/women business
     assistance offices; Metro’s Supplier Diversity Program Department and other Agencies or
     organizations as allowed on a case-by-case basis to provide assistance in the identification,
     recruitment and placement of DBEs. Merely sending a notice to these entities is insufficient to
     document “effective” utilization of such organizations/associations/Agencies/consultants.

  M. In determining whether a Bidder has made good faith efforts, Metro will take into account the
     performance of other Bidder in meeting the DBE contract goal requirements. For example, when
     the apparent successful Bidder fails to meet the contract goal, but others meet it, Metro may
     reasonably raise the question of whether, with additional reasonable efforts, the apparent
     successful Bidder could have met the goal. If the apparent successful Bidder fails to meet the
     goal, but meets or exceeds the average DBE participation obtained by other bidders, Metro may
     view this, in conjunction with other factors, as evidence of the apparent successful Bidder having
     made good faith efforts.

  N. The Manager of the Office of Supplier Diversity will ensure that all information is complete and
     accurate and adequately documents the Bidder’s good faith efforts before Metro awards the
     contract.

  O. Failure to meet the DBE goal and failure to document the Bidder’s good faith efforts may result
     in the bid not being considered for award.

  P. Administrative Reconsideration

      Within two (2) working days of being informed by Metro’s procurement official that the Bidder
      is not responsive, because sufficient good faith efforts were not sufficiently documented, a
      Bidder/may request administrative reconsideration. Bidder should make this request in writing to
      the following reconsideration official: Director of Material Management and Procurement, Metro,
      707 North First Street, Mail Stop 351, St. Louis, Missouri 63102. A copy of the written request
      for reconsideration must also be sent to the procurement official responsible for the procurement
      for which administrative reconsideration is being requested. The reconsideration official will not
      have rendered the decision or participated in the original determination that the Bidder did not
      document sufficient good faith efforts.

      As part of this reconsideration, the Bidder will have the opportunity to provide written
      documentation or argument concerning the issue of whether it met the goal or made adequate
      good faith efforts to do so. The Bidder will have the opportunity to meet in person with the
      reconsideration official to discuss the issue of whether the goal was not met or whether adequate
      good faith efforts were made to do so. The reconsideration official will send the Bidder a written
      decision on reconsideration, explaining the basis for finding that the Bidder did or did not meet
      the goal or make adequate good faith efforts to do so. The result of the reconsideration process is
      not administratively appealable.

8. BID SUBMITTALS FOR DBE PARTICIPATION DETERMINATION

  Each solicitation for which a contract goal has been established will require the Bidders/Proposers to
  submit the following information with their bids:

      1. Bidders Affirmative Action Plan. (if required by law)
    Must be submitted with bid by the prime Bidder.

2. Employment Data Sheet

    Must be signed and submitted with the bid by the prime and each Subcontractor,
    Regular Dealer, and Broker.

3. Disadvantaged Business Enterprise (DBE) Affidavit of Commitment

    Must be submitted with the bid by the prime to acknowledge the percentage of DBE
    participation and to affirm intent to comply with the established DBE participation goals.

4. Schedule of Participation for DBE Subcontractors:

    Must be submitted with the bid by the prime and must include information on each proposed
    DBE Subcontractor. Indicate on the form whether Subcontractor is a DBE by checking the
    appropriate box. Any change in the Subcontractors originally listed or added must be
    approved in advance by Metro.

5. Schedule of Participation for DBE Regular Dealers:

    Must be submitted with the bid by all prime Bidders and must include information on each
    proposed DBE Regular Dealer. Indicate on the form whether Regular Dealer is a DBE by
    checking the appropriate box. Any changes in the Regular Dealers originally listed or added
    must be approved in advance by Metro.

6. Schedule of Participation for DBE Brokers:

    Must be submitted with the bid by the prime and must include information on each proposed
    DBE Broker. Indicate on the form whether Broker is a DBE by checking the appropriate box.
    Any change in the brokers originally listed or added must be approved in advance by Metro.

7. Schedule of Participation for Non-DBE Subcontractors, Regular Dealers and Brokers:

    Must be submitted with the bid by the prime and must include information on each proposed
    Subcontractor, Regular Dealer, or Broker. Indicate on the form whether Subcontractor,
    Regular Dealer or Broker by checking the appropriate box. Any change or addition in the
    Subcontractors, Regular Dealers, and Brokers originally listed must be approved in advance
    by Metro.

8. Letter of Intent to Perform as a Subcontractor, Regular Dealer or Broker

    Must be submitted by the prime with the bid and must be signed by all proposed
    Subcontractor(s), Regular Dealer(s), and Broker(s).

9. Disadvantaged Business Enterprise DBE Unavailability Certification:

    Must be submitted if the Bidder does not meet the goal. A separate DBE Unavailability
    Certification for each unavailable DBE Subcontractor, Regular Dealer or Broker contacted
    must be submitted as part of the good faith effort documentation.
        10. Good Faith Effort Documentation Guide:

            Good faith effort documentation must be submitted if the DBE goal is not met.
            Documentation must be submitted by the prime Bidder with the bid and must include All
            appropriate documentation. This appendix assists the Bidder in preparing the required
            documentation.


THE FOLLOWING IS BEING ADDED TO SECTION VII OF 10-RFP-5648-DH AND IS
PART OF AMENDMENT 3 FOR MADISON COUNTY TRANSIT


7.56    DBE INFORMATION FOR MADISON COUNTY TRANSIT

The DISTRICT, as a recipient of federal financial assistance, is required to take all necessary and
reasonable steps to ensure nondiscrimination in the award and administration of contracts. Consequently,
the federal regulatory provisions of 49 Code of Federal Regulation (CFR) Part 26, as amended,
concerning the utilization of Disadvantaged Business Enterprises (DBE) applies to this contract.
CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. CONTRACTOR shall carry out applicable requirements of 49 CFR part 26
in administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or
such other remedy as the DISTRICT deems appropriate.

Pursuant to Federal regulations for Disadvantaged Business Enterprise (DBE) programs, CONTRACTOR
agrees to the following DBE assurances:

1. The CONTRACTOR agrees and assures that it will comply with section 1101(b) of SAFETEA-LU,
   23 U.S.C. § 101 note, and U.S. DOT regulations, “Participation by Disadvantaged Business
   Enterprises in Department of Transportation Financial Assistance Programs,” 49 CFR Part 26.
2. The CONTRACTOR agrees and assures that it shall not discriminate on the basis of race, color,
   national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out
   applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted
   contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this
   contract, which may result in the termination of this contract or such other remedy as the DISTRICT
   deems appropriate. Each subcontract the CONTRACTOR signs with a subcontractor must include
   the assurance in this paragraph (see 49 CFR 26.13(b)).
3. The CONTRACTOR is required to pay its subcontractors performing work related to this contract for
   satisfactory performance of that work no later than 30 days after the CONTRACTOR’s receipt of
   payment for that work from DISTRICT. In addition, the CONTRACTOR is required to return any
   retainage payments to those subcontractors within 30 days after the subcontractor's work related to
   this contract is satisfactorily completed.
4. The CONTRACTOR must promptly notify DISTRICT, whenever a DBE subcontractor performing
   work related to this contract is terminated or fails to complete its work, and must make good faith
   efforts to engage another DBE subcontractor to perform at least the same amount of work. The
   CONTRACTOR may not terminate any DBE subcontractor and perform that work through its own
   forces or those of an affiliate without prior written consent of DISTRICT.
5. A DBE means a business is certified as a DBE by the Illinois Unified Certification Program (UCP).
   A directory of DBE firms certified by the Illinois UCP is available online at the following website
   address: http://www.dot.state.il.us/ucp/ucp.html. DBE certification does not guarantee that a firm
   will be approved to participate toward a contract DBE goal. For services performed by a DBE firm to
   count toward a goal, the firm must perform a “commercially useful function.” A DBE firm performs
   a commercially useful function when it is responsible for execution of a distinct element of the work
   with its own workforce, and carries out its responsibilities by actually performing, managing and
   supervising the work involved.

6. The CONTRACTOR is required to submit documentation proving compliance with this section by
   showing that:
   A. The DBE firm actually did the work that is reported. (Both a and b)
      1) Go to the site-ask the person if he/she works for “the company your inquiring about”.
          Document: a) employee asked, b) date/time, c) location, d) response
      2) Certified payrolls as applicable.
   B. Confirm payments are made within the time limit specified.
      1) Request affidavit of payment by person paying.
      2) Make contact (phone call) with DBE firm confirming payment made.
   C. Amount of work completed each month.
      1) Contractor/subcontractor to submit confirmed monthly status of all DBE participation.
Forms required for DBE compliance:

DBE Compliance Forms
Form #1


DBE Payment Certification
(Form to be submitted within 15 days of payment)



The contractor/subcontractor is required to pay its DBE certified subcontractors/suppliers/trucking firm
performing work related to this contract for satisfactory performance of that work no later than 30 days
after the contractor/subcontractor's receipt of payment for that work.

Date Request for Payment made
by DBE firm


Payment made by:

Payment made to DBE Firm:

Date of payment:

Amount of payment:


This is the final payment to this DBE firm. _____yes _____ no


I certify the information is true and accurate to the best of my knowledge.

_____________________________                             ________________________
Payor's Signature                                           Date




Office use only
     Payment received on ____________________
     Confirmed by_______________ Date_______________
Form #2
Monthly DBE Status Report
Reporting for month of ________________________
Contractor: __________________________________________

A                                B                    C                    D                              E                       F
Name of DBE Firm                 Paid as of           Current Month        Total Payments through         Original Estimated      Current Status
Subcontractor, Suppliers, etc.   last submittal       Payments             reporting period (Column B     value of work           of goal
                                                                           + Column C)                                            (Column E - Column D)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
                                                      Total
I have no knowledge of any change in the certification status of the DBE subcontractors listed above. The information provided is complete and accurate to the
best of my knowledge.
                                      ________________________________________                                                    __________________
                                      Contractor's Signature                                                                      Date

Office use only
       Reviewed by___________ Date_______________             Construction goal % ____________
Form #3
 Confirmation of DBE Status Report
 Completed by Contract Managing Firm

This document serves as a tracking method that the Site Manager or designee is randomly confirming that the people completing the DBE Firm
assigned work are in fact the DBE firm's employees.
Reporting for Month of ____________, 20____
Project: ____________________________________

A                B          C                       D                         E                      F                    G
                                                                                                     Employee states is   Signature of person
                                                                                                     an employee of       who spoke with
                            Work Task Being         DBE Firm                  Name of Working        DBE firm noted in    worker in Column E
Date             Time       Performed               Assigned work             Employee asked         Column D.
                                                                                                     Yes or No
1
2
3
4
5
6
7
8
9
10
11
12
THE FOLLOWING IS BEING ADDED TO SECTION VII OF 10-RFP-5648-DH AS PART
OF AMENDMENT 3 FOR METRO

7.57   DBE INFORMATION FOR METRO

1. SUCCESSFUL BIDDER

   Upon completion of the procurement process, Metro may make an award to one or several Bidders
   who have met all of the requirements of the solicitation. Following contract award the successful
   Bidder will be considered the prime “contractor” selected to perform the “contract work” described in
   the solicitation. A prime contractor that has a contractual relationship with another firm to assist in
   performing the requirements of this solicitation shall be considered the prime contractor’s
   “subcontractor”.

2. AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY

   The following statements are intended to communicate Metro's policy regarding Affirmative Action
   and Equal Employment Opportunity.

       AFFIRMATIVE ACTION POLICY RESOLUTION

       "WHEREAS, the Bi-State Development Agency is an equal opportunity employer,

       WHEREAS, it is the interest of everyone concerned that this fact be enunciated and understood,

       NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners hereby affirms its policy
       of nondiscrimination against any of its employees or any other persons because of age, race, color,
       religion, sex, physical handicap, or national origin. Furthermore, it is the policy of the Board to
       establish active affirmative action to ensure that this policy is maintained so that fair and equal
       treatment is accorded all its employees." (Excerpt from Bi-State Commission minutes of October 5,
       1973.)

       "BE IT FURTHER RESOLVED, that all the equipment and facilities of the Bi-State shall be
       acquired without discrimination against any of its employees or any other persons because of age,
       race, color, religion, sex, physical handicap, or national origin or any geographic area of the Bi-
       State area." (Excerpt from Bi-State Commission minutes of April 26, 1974.)

3. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENT

   This information is designed to provide an evaluation of your policies and practices relating to the
   extension of equal employment opportunity to all persons without regard to age, race, religion, color,
   sex, physical handicap or national origin. As a follow-up to the resolution of Metro’s Board of
   Commissioners pertaining to nondiscrimination in employment practices as well as the awarding of
   contracts for services, materials or supplies, Metro's Manager of Supplier Diversity shall provide for
   contract compliance by inspecting the personnel policies and practices related to any contract with
   Metro including contracts for labor, services, supplies, equipment, materials, leases and concession
   agreements.

   A. Bidder Performance
      Completion of the Employment Data Sheet is one of the steps that demonstrate compliance with
      Metro's Affirmative Action and Equal Employment Opportunity policy. Responsibility for
      demonstrating compliance with this policy by the Bidder and his or her subcontractors rests with
      the Bidder or subcontractor. Such demonstration is a prerequisite for continued eligibility for
      participating in Metro contracts. Noncompliance by contractors with the Affirmative Action and
      Equal Employment Opportunity policies of Metro may result in the cancellation or termination of
      any contract.

  B. Filing this Report:

      It is mandatory that the Employment Data Sheet be completed along with other appropriate bid
      documents and returned to Metro collectively. Written inquiries related to this report should be
      directed to the:

      Manager of Supplier Diversity
      Metro
      707 North First Street, Mail Stop 131
      St. Louis, Missouri 63102

  C. It is understood that the Bidder’s willingness to comply with Metro's Affirmative Action and
     Equal Employment Opportunity Policy will be evaluated by the Manager of Supplier Diversity.
     This evaluation will directly influence Metro's decision on the qualifications of each Bidder and
     is an integral part of the bid.

      Following receipt and review of the employment information submitted by the Bidders, and prior
      to award of a contract, the apparent successful Bidder and his or her known major subcontractors
      shall be required to attend a pre-award conference if called by the Manager of Supplier Diversity
      at which time such Bidder and major subcontractors shall submit additional affirmative action
      information.

4. METRO CONTACT FOR DBE CERTIFICATION OR FORMS

  For additional information on DBE matters or any questions regarding bid forms please contact:

  Manager of Supplier Diversity
  Metro
  707 North First Street, Mail Stop 131
  St. Louis, Missouri 63102
  (314) 982-1400 x. 1398

5. MONTHLY DBE PAYMENT PROGRESS REPORT

  The contractor is required to submit monthly reports on Form E, Contractor’s Monthly DBE Report.
  This form must be completed monthly and included in the contractor’s monthly invoice. Failure to
  include Form E will render the contractor’s invoice incomplete and may result in suspension of
  payment. The data used to compile the Form E report shall be made available upon the request of an
  authorized officer of Metro. Failure to comply with Metro’s reporting requirements may cause
  cancellation or termination of the contract.

  The contractor shall provide its DBE subcontractors with Form E, DBE Subcontractors Monthly
  Report. DBE subcontractors must submit this monthly report directly to the Manager of Supplier
  Diversity. These reports shall be submitted to Metro and not to the Non-DBE contractor
  (subcontractors). Failure by the DBE subcontractor to submit this report may result in the suspension
  of payments.

  Non-DBE subcontractors with DBE participation are required to report DBE participation to the
  contractor who will submit their respective DBE participation information utilizing the Form E
  Likewise, data used to compile such reports shall be made available upon request of an officer of
  Metro. Failure to comply with Metro’s reporting requirements may cause cancellation or termination
  of the subcontract by the contractor.

6. PROMPT PAYMENT

  A. The prime contractor must pay each subcontractor, regular dealer and broker under this prime
     contract for satisfactory performance of its contract no later than ten (10) working days from the
     receipt of each Metro payment.

  B. Lower tier subcontractors must pay each subcontractor, regular dealer and broker no later than
     five (5) days after receipt of payment.

  C. Any delay or postponement of payment within this timeframe may occur only for good cause
     following written approval by Metro.

7. RELEASE OF RETENTION

  The prime contractor agrees to return retainage payments to each subcontractor within thirty (30)
  days after the subcontractor’s work is satisfactorily completed. This clause applies to both DBE and
  non-DBE subcontractors.

8. DBE SUBCONTRACT AGREEMENT CHANGES

  A.    Any changes or modifications to existing subcontract agreements with DBE firms shall be
        submitted to the Manager of Supplier Diversity within 10 days of the change or modification.

  B.    DBE Unavailability or Change in Ownership or Management. If at any time the contractor
        believes or has reason to believe that a proposed DBE has become unavailable or due to change
        in ownership or management responsibility does not meet the standards the Contractor shall,
        within 10 days, notify the Manager of Supplier Diversity of that fact in writing. Within 30 days
        thereafter, the contractor shall, if necessary to achieve the stated goal, make every reasonable
        effort to subcontract the same or other work to other DBE firms. The contractor’s efforts to
        replace an unavailable DBE firm shall be coordinated with Metro.

  C.    DBE Ineligibility. Should a DBE become ineligible (decertified or uncertifiable) during the
        course of this contract, effective as of the date of ineligibility, further contractual dollars
        expended with the DBE shall not be counted toward the DBE goal. Within 30 days after
        notification by Metro to the contractor of the ineligible DBE, the contractor will make every
        reasonable effort to satisfy the DBE goal. The contractor’s efforts to continue to meet the DBE
        goal shall be coordinated with Metro.

  D.    Substitutions of DBEs. Except as provided herein, the contractor shall not have the work
        performed or the materials or supplies furnished by any other DBE firm other than those named
        in Schedules of Participation for DBE Subcontractors, Suppliers and Brokers. However, if
         Metro finds that the contractor upon submission of its bid, committed itself to the goal in good
         faith, the contractor may, in unusual situations, be permitted to substitute a subcontractor(s). A
         request for substitution must be put in writing, with complete justification for the request.
         Failure to obtain approval from Metro could result in the contractor being found to be in “non-
         compliance” with the requirements of the contract. The term unusual situations include but are
         not limited to a DBE subcontractor’s or DBE joint venture partner’s substitution justifications
         that may include the following:

         1. Failure to qualify as a DBE, or maintain DBE certification status.

         2. Death or physical disability, if the named subcontractor or DBE partner of the joint venture
            is an individual.

         3. Dissolution, if a corporation or partnership.

         4. Bankruptcy of the subcontractor, subject to applicable bankruptcy law, and only in
            instances where the bankruptcy affects the subcontractor’s ability to perform.

         5. Inability to obtain, or loss of, a license necessary for the performance of the particular
            category of work.

         6. Failure or inability to comply with a requirement of law applicable to contractors,
            subcontracts, on construction, alteration, or repair projects.

         7. Failure to comply with the terms and conditions of this contract or those of its subcontract
            or joint venture agreement.

         8. Failure to successfully perform the contract tasks.

9. Changes in the Work

   The DBE goal obligation extends to all contract work covered by change orders irrespective of the
   tier. When contract work is added, the contractor or subcontractor must utilize good faith efforts to
   secure DBE contractors to perform the additional contract work so that the DBE percentage
   committed to in the contract is maintained or the contract DBE goal is achieved. When contract work
   is deleted, the contractor or subcontractor must utilize good faith efforts to ensure that the DBE
   percentage commitment is maintained despite the decrease in overall contract work.
                                                                                          EMPLOYMENT DATA SHEET


                                                   Prime Contractor                 Subcontractor                          Non DBE               DBE

                   METRO EMPLOYMENT DATA SHEET

Please note that this data may be obtained by visual survey or post-employment records. Neither visual surveys nor post-employment surveys are prohibited by
any Federal, State or Local law.
                                                                                         MINORITY GROUP EMPLOYEES
                                      All Employees
                                                                                MALE                                              FEMALE
       JOB CATEGORIES                                                     Asian                                               Asian
                                      Total                  Black                    Native       Hispanic      Black                    Native       Hispanic
                                               M      F                  Pacific                                             Pacific
                                      M&F                 American                   American American American                         American American
                                                                        American                                            American
Officials, Managers And
Supervisors
Professionals
Technicians
Sales Workers
Office and Clerical
Craftsman (Skilled)
Operatives (Semi-Skilled)
Laborers (Unskilled)
Service Workers
Apprentices
           SUBTOTAL
Total employment from previous
report, if any
               TOTAL
The undersigned certifies that he is legally authorized by the bidder to make the statements and representations contained in this report; that he has read all of the foregoing
statements and representations and they are true and correct to the best of his/her knowledge and belief. The undersigned understands that if any of the statements and
representations are made knowing them to be false or there is a failure to implement any of the stated intentions or objectives set forth herein, without prior notice to the
Affirmative Action Officer, the Bidder will be subject to the loss of all future awards.

FIRM OR CORPORATE NAME: ____________________________________

ADDRESS:_______________________________________________________________________________________

DATE OF SIGNING: ________________                    SIGNATURE AND TITLE:________________________________________
                                               DISADVANTAGED BUSINESS ENTERPRISES
                                                   (DBE) AFFIDAVIT OF COMMITMENT



THIS PAGE MUST BE COMPLETED BY THE PRIME TO INDICATE COMMITMENT TO THE
PERCENTAGE OF DBE PARTICIPATION.

The undersigned Bidder hereby commits to meet the established DBE goal on this project through
subcontracting or entering into a joint venture with DBE(s) in conformity with the requirements, terms and
conditions of this attachment.

THE ESTABLISHED GOAL IS 7% DBE. The undersigned hereby commits to provide___________% DBE
participation in this contract.

This percentage relates to DBE subcontracting or joint venture participation and is consistent with the DBE
statement listed in the Solicitation, Acceptance and Award form.

The undersigned hereby commits to enter into a formal agreement with the DBE(s) conditional upon award of
a contract by Metro. A copy of each subcontract agreement/purchase order with all DBEs will be submitted
with 10 days of execution to the Manager of the Office of Supplier Diversity.

I DO SOLEMNLY SWEAR THAT I, ____________________________________________, AM
AUTHORIZED TO SIGN THIS AFFIDAVIT ON BEHALF OF:

NAME OF COMPANY _______________________________________________________.


COMPANY SIGNATORY _____________________________________________________


SUSCRIBED AND SWORN BEFORE ME THIS _____ DAY OF _______________, 20_____


(SEAL)                                            ______________________________________
                                                                 (Notary Public)




                                          Note: Notarization Required
                                                                            SCHEDULE OF PARTICIPATION FOR
                                                                                DBE SUBCONTRACTORS

                                                                                            RFP No.:

_______________________________________                                                      Project Name:
Name of Prime Contractor

                 Name                                                                       Type Work                Projected
                                                                                                                                                            DBE
                   Of                                                               (electrical, paving, etc.) &     Start and           Agreed
                                                           Address                                                                                      Participation
              Subcontractor                                                        Contract Items or Parts to be    Completion            Price
                                                                                                                                                          Amount
                                                                                             Provided                  Dates




The undersigned will enter into a formal agreement with the above listed subcontractors for work listed in this schedule conditioned upon execution of a contract with
Metro.


Date: ________________________________________                 Signature:

                                                               Title: ______________________________________________________
                                                                               SCHEDULE OF PARTICIPATION FOR
                                                                                   DBE REGULAR DEALERS
                                                                                                                                              Title:

                                                                                  RFP No.:

______________________________________                                            Project Name:
Name of Prime Contractor

                                                                                       Type Work                  Projected
                                                                                                                                          Total                DBE
              Name of                                                          (electrical, paving, etc.) &       Start and
                                                      Address                                                                            Agreed            Participation
           Regular Dealer                                                     Contract Items or Parts to be      Completion
                                                                                                                                          Price              Amount
                                                                                        Provided                    Dates




The undersigned will enter into a formal agreement with the above listed regular dealers for materials and supplies listed in this schedule conditioned upon execution of a
contract with Metro.


Date: _____________              Signature: ____________________________                  Title: ___________________________________________
                                                                           SCHEDULE OF PARTICIPATION
                                                                                FOR DBE BROKERS

                                                                              RFP No.:

_____________________________________________                                  Project
Name of Prime Contractor

                                                                                    Type Work                Projected
               Name                                                                                                               Total           M/WBE
                                                                            (electrical, paving, etc.) &     Start and
                 Of                                 Address                                                                      Agreed         Participation
                                                                           Contract Items or Parts to be    Completion
               Broker                                                                                                             Price           Amount
                                                                                     Provided                  Dates




The undersigned will enter into a formal agreement with the above listed brokers for materials and supplies listed in this schedule conditioned upon execution of a
contract with the Agency.

Date: ______________          Signature: _______________________________                   Title: ________________________________
                                                            SCHEDULE OF PARTICIPATION FOR NON-DBE
                                                          SUBCONTRACTORS, REGULAR DEALERS AND BROKERS


                                                                              RFP No.:

_____________________________________________                                 Project Name:
Name of Prime Contractor

                Name                        Business                                                      Type Work                    Projected
                 Of                          Type *                                               (electrical, paving, etc.) &         Start and             Agreed
                                                                        Address
          Subcontractors/                 (Sub/Dealer/                                           Contract Items or Parts to be        Completion              Price
       Regular Dealers/Brokers              Broker)                                                        Provided                      Dates




The undersigned will enter into a formal agreement with the above listed subcontractors/suppliers for work listed in this schedule conditioned upon execution of a
contract with Metro.

Date: _________________      Signature: _________________________________________          Title: ___________________________________________


* Enter whether a Subcontractor (Sub), Regular Dealer (Dealer) or Broker.
                                                                  LETTER OF INTENT
                                                                    TO PERFORM AS:
                                                                   SUBCONTRACTOR
                                                                   REGULAR DEALER
                                                                   BROKER



TO: _______________________________________                      ________________________
    (Name of Contractor)                                         (Project Name)

The undersigned intends to perform work in connection with the above project as a/an (check one):

                  □ Individual                                   □ Corporation
                  □ Partnership                                  □ Joint Venture

The status of the undersigned has been described in connection with the above project as (check one):

                             DBE                       Non-DBE

and will be performing the following work: ___________________________________________________

_____________________________________________________________________________________

at the following price: $__________________________.

You have projected the following commencement date for such work, and the undersigned is projecting
completion of such work as follows:

                                                      PROJECTED                            PROJECTED
               WORK ITEMS
                                                  COMMENCEMENT DATE                     COMPLETION DATE




________________                     _____________________________________________________
     (Date)                                (Name of Subcontractor, Regular Dealer, Broker)

By:___________________________________________
 (Signature of Subcontractor, Regular Dealer, Broker)
                                               DISADVANTAGED BUSINESS ENTERPRISES
                                                 (DBE) UNAVAILABILITY CERTIFICATION




I, ________________________________________, ________________________________ of
               (Contractor)                                  (Title)

__________________________________________, certify that on ______________, I contacted
            (Name of Company)                                     (Date)

the following DBE subcontractor to obtain a bid/proposal for the work items listed below to be performed on this
Metro Project _______________________________

                                                                             FORM OF BID SOUGHT
                WORK ITEMS SOUGHT
                                                                  (i.e., unit price, materials & labor, labor only)




To the best of my knowledge and belief, said DBE subcontractor was unavailable (exclusive of unavailability
due to lack of agreement on price) for work on this project, or was unable to prepare a bid for the following
reason(s):
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________

2

3    Signature _________________________________________                       Date ___________________

___________________________________ was offered an opportunity to bid on identified work on
        (DBE Subcontractor)

____________________________ by                _________________________________.
               (Date)                                                  (Source)

The above statement is a true and accurate account of why I did not submit a bid/proposal on this project.




                                                         (Signature of DBE Subcontractor)


                                                         (Date)
                    SUPPLIER DIVERSITY DATA COLLECTION


    Solicitation Number:                                       Solicitation Name:

    Prime Contractor: ______________________________________________________________________

    Owner Name: __________________                     Gender: M/F               Owner Ethnicity: _________________

    Total Bid/Proposal Amount $:_________________________________ (base year(s) and option year(s))

    Total Base Year(s) $: ___________________________ Total Option Year(s) $: _____________________
                                                                                                         (If Applicable)

    Address: ______________________________________________________________________________

    State: ______    Zip: ____________        Phone: _________________                   Fax: __________________


4   How many years has your firm been in business? _______ Years

    What are your firm’s annual gross receipts? _________________________________

    Is your firm certified Disadvantaged Business Enterprise* (DBE)? _____ Yes           _____No

    If so, with what agency _______________________________________________________________

    Subcontractor 1: __________________________        DBE: Yes/ No              Total Dollar: ______________

    Address: _______________________________________________            Year in Business: __________

    Subcontractor 2: __________________________        DBE: Yes/ No              Total Dollar: ______________

    Address: _______________________________________________            Year in Business: __________

    Subcontractor 3: __________________________        DBE: Yes/ No              Total Dollar: ______________

    Address: _______________________________________________            Year in Business: __________

    Subcontractor 4: __________________________        DBE: Yes/ No              Total Dollar: ______________

    Address: _______________________________________________            Year in Business: __________

    Subcontractor 5: __________________________        DBE: Yes/ No              Total Dollar: ______________

    Address: _______________________________________________            Year in Business: __________

    Subcontractor 6: _________________________         DBE: Yes/ No              Total Dollar: ______________

    Address: _______________________________________________            Year in Business: __________

    Subcontractor 7: __________________________        DBE: Yes/ No              Total Dollar: ______________

    Address: _______________________________________________            Year in Business: __________
Subcontractor 8: __________________________     DBE: Yes/ No             Total Dollar: ______________

Address: _______________________________________________         Year in Business: __________

Subcontractor 9: __________________________     DBE: Yes/ No             Total Dollar: ______________

Address: _______________________________________________         Year in Business: __________

Subcontractor 10: __________________________    DBE: Yes/ No             Total Dollar: ______________

Address: _______________________________________________         Year in Business: __________

Subcontractor 11: __________________________    DBE: Yes/ No             Total Dollar: ______________

Address: _______________________________________________         Year in Business: __________

Subcontractor 12: __________________________    DBE: Yes/ No             Total Dollar: ______________

Address: _______________________________________________         Year in Business: __________

       *A disadvantaged business firm is defined as a small business concern:

                1. That is at least 51 percent owned by one or more individuals who are both socially and
                   economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock
                   is owned by one or more such individuals; and

                2. Whose management and daily business operations are controlled by one or more of the
                   socially and economically disadvantaged individuals who own it.

                3. The person(s) meeting the criteria, as socially and economically disadvantaged, cannot have a
                   personal net value over $750,000.00.

                   DBE firms are required to be certified under the Missouri Unified Certification Program
                   (UCP). For additional information on DBE certification, firms may contact:

                    Ms. Elke Campbell
                    Manager of Supplier Diversity
                    Metro
                    707 North First Street
                    St. Louis, MO 63102
                     (314) 982-1400 ext. 1398

				
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