26-097 Historic Retaining Wall Repair & Tuckpointing Proposal Response from (please complete)

Page 1 of 27 _______________________________________ Name of Company or Individual

LEGAL NOTICE

INVITATION FOR FORMAL BID

IFB 26-097

For

Historic Retaining Wall Repair & Tuckpointing

For

ST. CHARLES COUNTY GOVERNMENT

ST. CHARLES, MISSOURI

St. Charles County is seeking bids for Historic Retaining Wall Repair & Tuckpointing The vendor must guarantee the quoted prices for a period of Ninety (90) days.

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BID INSTRUCTIONS

One [1] signed original and one [1] signed copy of the bid must be received in a sealed envelope plainly marked “26-097 Historic Retaining Wall Repair & Tuckpointing” with the date and time of the bid opening in the lower left corner of the envelope.

An authorized representative of the company/person submitting the bid must sign the bid, in blue ink.

Bids must be submitted to the St. Charles County Finance Department, 201 North Second Street Room 541 St. Charles MO 63301 prior to the bid opening.

Bid opening will be on 09/03/2026 at 11:00 AM in Room 115 of the St. Charles County Administration Building, 201 North Second Street, St. Charles, MO 63301.

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

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

BID INQUIRIES

Any questions or clarifications concerning this Request for Bid must be submitted in writing via E-mail (preferred), mail or fax to:

Lenore Moore Finance Department, St. Charles County Government 201 North Second St St. Charles, Missouri 63301 Fax: (636)949-3870 lmoore@sccmo.org

For questions or inquiries concerning the specifications please contact:

Ron Joly, Maintenance Manager Facilities Management Department, St Charles County Government 300 North Second St, Room 101 St. Charles, Missouri 63301 rjoly@sccmo.org

A mandatory meeting will be held at 100 N 3rd St, St Charles, MO 63301 on 07/31/2026 at 9:00am.

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

All questions must be received no later than 2:00 PM on 08/14/2026. Any question received after this deadline may not be answered.

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

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

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

TERMS AND CONDITIONS

St. Charles County reserves the right to reject any and all bids or parts of a bid and waive technicalities, and to adjust quantities.

All bids are final. No additions, deletions, corrections, or adjustments will be accepted after the time of bid opening except by request of County.

All delivery costs or charges must be included in the F.O.B. destination bid price.

City, County and State of Missouri Sales Tax and Federal Taxes are not applicable to sales made to St. Charles County and must be excluded.

The contract, provided in Exhibit A, shall be effective from the date of execution for six (6) months.

The electronic version of this bid/RFP is available upon request. The document was entered into WORD for Microsoft Windows. The Purchasing Office does not guarantee the completeness and accuracy of any information provided on the electronic version.

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

Vendors are required to clearly identify any deviations from the specifications in this document.

Vendors must submit two [2] signed copies of their bid; one is to be an original and so marked.

All prices and notations must be in blue ink or typewritten on the attached form. Mistakes must be crossed out, corrections typed adjacent and must be initialed in blue ink by the person signing the bid.

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

Sealed proposals received after the designated time of the receipt of the sealed proposals will be considered as “No Bid” and “Void” and will not be opened.

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

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

The County will make its award to the lowest responsive, responsible bidder unless additional criteria is established herein. When payments are to be made to the County, the County will award based on payments unless these documents establish additional criteria.

As used for this award, “responsive” shall mean a bid that conforms in all respects with the terms and conditions of the County’s requirements. As used for this award, “responsible” shall mean that the bidder has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.

County reserves the right to accept any item or group of items offered, unless the bidder qualifies his bid by specific limitations. The bid can be on an "all or none" basis if wording in the bid so states and if all items solicited are included in the bid.

When applicable, provide unit prices and extension prices. Where there is disagreement in the unit and extension prices, the unit price shall govern.

MISSOURI PREVAILING HOURLY WAGE RATES:

The proposal for this Contract shall be based upon the required payment by the Bidder for wages for each craft or type of workmen required to execute the Contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections

290.210 to 290.340, RSMo. For those projects with a total cost of more than $75,000.00, a schedule of such prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to said statutory provisions and made a part of this Contract, Annual Wage Order #33, as of May 28, 2026.

Effective August 28, 2018, the provisions of sections 290.210 to 290.340 shall not apply to the construction of public works for which either the engineer’s estimate of the bid accepted by the County for the total project is in the amount of $75,000.00 or less. For any awarded bid in the amount of $75,000.00 or less that becomes subject to a contract amendment that increases the total project cost in excess of $75,000.00, the provisions of

290.210 to 290.340 shall apply only to that portion of the project that is in excess of $75,000.00.

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INSURANCE:

The successful bidder must agree to provide and maintain during the life of the Contract the insurance(s) listed below, in the minimum amounts specified, with an insurance company licensed to do business in the State of Missouri. All policies must name the County as an additional insured and provide for thirty (30) days written notice prior to any material changes or cancellation. Successful bidder will be awarded contract once a Certificate of Insurance is provided.

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

b. Automobile, General Liability and Property Damage: The Contractor shall maintain the following minimum amounts of automobile, general liability, and property damage insurance coverage during the life of the contract:

c. $1,000,000 for bodily injury or death to any one person and $3,000,000 per occurrence for automobile and general liability coverage; and property damage coverage of at least $1,000,000. A Combined Single Limit Policy in the amount of $3,000,000 is an acceptable alternative. Automobile coverage must include non-owned vehicles.

d. Additional Requirements: The Automobile & General Liabilities policies shall be endorsed to include the County as an additional insured including the following language: “Nothing in this endorsement shall serve to operate as a waiver of the County’s Sovereign Immunity or broaden the liability of the County beyond the provisions of Sections 537.600 to 537.610 of the Revised Statutes of Missouri”. Contractor shall provide 30 days advance written notice of any material change. A Waiver of Subrogation in favor of the County shall be endorsed on each of the policies. The required insurance shall be primary insurance with respect to any other insurance or self-insurance programs maintained by the County. A Certificate of Insurance evidencing the above coverage(s) together with a copy of the required endorsements shall be provided to the County prior to the commencement of any work. It shall be the Contractor’s responsibility to keep the respective insurance policies and coverages current and in force for the life of the contract.

e. Subcontractor’s Coverage: It shall be the Contractor’s responsibility to ensure that all subcontractor’s maintain the same coverages and limits as outlined herein.

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BONDS:

Performance Bond - A 100% Performance and Payment Bond in favor of the Owner. The Security Co. representing Contractor must be authorized to do business in the State of Missouri and be approved by Owner. Performance and Payment bond will be required if project is $50,000.00 or greater.

Open Records

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

Veteran Friendly Employment Policy

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

_____ "YES" our company has a veteran friendly employment policy.

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

Please include a copy of your veteran friendly employment policy with your submission.

Interview Conference

After an initial screening of the submitted bids, any, or all of the companies submitting a bid in response to this IFB may be required to give an oral presentation or demonstration of their bid. Additional technical information may be requested for clarification purposes, but in no way to change the original written proposal submitted. The County reserves the right, in its sole discretion, to decide to conduct interviews with any or all of the companies.

Consideration of Information from All Sources:

The County reserves the right to consider information and facts, gained from all sources, including but not limited to the submitted bid, presentations, demonstration, interviews, or references, in the evaluation process.

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Responsibility to Submit Information:

By submitting a bid in response to this IFB, each company acknowledges, affirms and agrees that it is the company’s sole responsibility to submit information related to the evaluation criteria and that the County is under no obligation to solicit any information if it is not included with the company’s proposal. Failure of the company to submit such information in its bid may constitute grounds for rejection of the bid.

Employment of Unauthorized Aliens Prohibited (Missouri Revised Statutes Section 285.530)

As a condition for the award of any contract or grant in excess of five thousand dollars by St.

Charles County to a business entity, the business entity shall, by sworn affidavit and provision of documentation**, affirm its enrollment and participation in a federal work authorization program (E-Verify) with respect to the employees working in connection with the contracted services. Every such business entity shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services.

[RSMO 285.530 (2)]

An employer may enroll and participate in a federal work authorization program (E-Verify) and shall verify the employment eligibility of every employee in the employer’s hire whose employment commences after the employer enrolls in a federal work authorization program.

The employer shall retain a copy of the dated verification report received from the federal government. Any business entity that participates in such program shall have an affirmative defense that such business entity has not violated subsection 1 of this section. [RSMO 285.530 (4)]

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

Send the notarized affidavit and E-Verify MOU signature page to: St. Charles County, Attn: Purchasing Manager, 201 N Second Street, Room 541, St. Charles, MO 63301prior to responding to any solicitations; OR

Send the notarized affidavit and E-Verify MOU signature page along with a bid solicitation response.

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

** PLEASE NOTE:

Acceptable enrollment and participation documentation consists of a valid copy of the signature page of the E-Verify Memorandum of Understanding, completed and signed by the Contractor, and the Department of Homeland Security - Verification Division

The online address to enroll in the E-verify program is:

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

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

a. A contract award (see 2 C.F.R. 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (3 C.F.R. PT. 1986 Comp., p. 189) and 12689 (3 C.F.R. pt. 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

b. The contractor is required to verify that none of the contractor’s principals (defined at

2C.F.R. 180.995) or its affiliates (defined at 2 C.F.R. pt. 180.905) are excluded (defined at 2 C.F.R. 180.940) or disqualified (defined at 2 C.F.R. 180.935).

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

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

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

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Description of Scope:

This project addresses tuckpointing, stone, and drainage repairs to the historic limestone retaining wall along 2nd Street and Jefferson on the Historic Courthouse (Executive Building) Grounds, located at 100 N 3rd Street, St. Charles, MO. Work includes repairing deteriorated mortar joints, replacing damaged or missing stone to match existing conditions, and resetting the clay drain tile behind the wall cap to restore proper drainage, all while preserving the wall's historic appearance.

General Conditions:

The Contractor shall furnish all applicable Safety Data Sheets (SDS) to the County in accordance with the Occupational Safety and Health Administration (OSHA).

The Contractor shall comply with all Federal and State Employment / Labor regulations including those from the U.S. Occupational Safety and Health Administration (OSHA).

The Contractor shall ensure that all employees performing work under this Agreement have completed all OSHA-required safety and health training applicable to their duties and shall provide proof of such training to the County upon request.

The Contractor must provide all applicable Insurance Certificates to the County upon the award of the bid.

The Contractor must specifically claim and include any exclusions or deviations from the bid specifications with the proposal submitted.

The Contractor shall work Monday through Friday between the hours of 7:30 am and 4:00

pm. Any changes to the specified work schedule are subject to approval by the Facilities contact at least 2 days before the change occurs.

The Contractor shall have all necessary licenses (that shall be current and maintained during the project) with the County and State of Missouri.

The Contractor shall provide a key contact for the project. This key contact shall notify the County Facilities contact when the Contractor will be performing work.

The Contractor shall notify the Facilities contact of any deficiencies that may impact project cost. The Contractor shall provide a cost for any deficiencies and shall not proceed with work until the Facilities contact issues a notice to proceed. Should the Contractor proceed without proper written authorization, Contractor will be performing work at risk and County will not provide payment for said work.

There shall be no smoking or use of tobacco products inside the facility, or on the roof of the facility. Contractor shall be liable for roof cigarette burns. No smoking shall occur within 15 feet of all building entrances per County Ordinance No. 18-070. This also applies to electronic smoking devices.

If prices submitted by bidder are itemized, the County may elect any or all itemized services at the pricing submitted without impact to separate itemized services or prices.

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If the sample tuckpointing work or proposed replacement stone is not approved by the County, the County reserves the right to proceed with a different contractor for the remainder of the project.

Signature of bidder indicates that bidder understands and will comply with all terms and conditions and all other specifications made a part of this Invitation for formal Bid and any subsequent award or contract. All terms, conditions and representations made in this invitation will become an integral part of the contract.

The Contractor shall notify the County Facilities contact no less than 2 days in advance and get permission before proceeding with disruptive operations.

This is a turnkey project and as such the bid shall include all necessary trades and a subcontract of the contractor for the bid to be considered.

The Contractor must comply with all provisions of the Prevailing Wage Law under Annual Wage Order #33, as of May 28, 2026 for this project. The contractor will forfeit a penalty to the County of $100 per day (or portion of a day) if a worker is paid less than the prevailing rate for any work done under the contract by the contractor or by any subcontractor (see section 290.250, RSMo). Certified Payroll shall be submitted with request for payment.

Scope

Contractor to confirm exact length of wall in field; approximately 333 linear feet of historic limestone retaining wall along 2nd Street on the Historic (Executive) property

Complete sample portion(s) of tuckpointing, along with proposed replacement stone, for County review and approval before proceeding with the remainder of the wall

Finished work should appear as consistent and uniform as reasonably achievable, with repairs blending in rather than standing out as obviously new or mismatched

Inspect the entire wall and tuckpoint all areas of deteriorated, cracked, or missing mortar; joints in questionable condition are to be reviewed with the County and may be repaired or replaced at the County's discretion; sound, intact joints do not need to be removed or replaced

Match mortar mix, joint profile, and color to existing work as closely as possible

Reset or replace any cracked, spalled, or loose stone units in kind, matching size, texture, and coloring of surrounding stone

Fill any gaps where stone is missing with replacement stone matching the size, texture, and coloring of the surrounding wall; salvaged stone may be used where available, but all replacement stone must be approved by the County prior to installation

Reset the open-air clay drain tile behind the top cap to a slope of 0.1%-0.5% (1-6 inch drop per 100 feet) for positive drainage; replace any broken sections with like clay tile matching the size, texture, and coloring

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Remove cap sections only as needed to access and reset the drain tile; reset or reinstall cap pieces securely, preserving the wall's historic condition and appearance

Test and gain County approval of drain tile function before the project is considered complete

Conditions

This project is scoped as cosmetic and maintenance repair only (mortar, stone, drain tile, and cap) and does not include structural engineering, wall rebuilding, or footing work. If the contractor observes signs of structural instability, significant bulging, leaning, settlement, or voids behind the wall during the course of work, the contractor must stop work in that area and notify the County before proceeding.

Any temporary shoring or bracing needed to safely perform the repair work (such as during cap or stone removal) is the contractor's responsibility as part of the base scope.

The contractor is also responsible for furnishing all materials needed to complete the repairs, including hauling in and placing fill dirt as needed to re-level the bed beneath the clay drain tile in areas where soil has washed away.

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Exception Sheet

If the item(s) and/or services proposed in the response to this bid is in any way different from that contained in this proposal or bid, the bidder is responsible to clearly identify all such differences in the space provided below. Otherwise, the County shall assume bidder’s offer to be in total compliance with all aspects of the proposal or bid.

Efforts by Bidder to impose material exceptions not noted on this sheet may lead to County terminating negotiations and pursuing those rights related to any submitted Bid Bond(s).

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

Date:

Signature:

Title:

Company:

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BID FORM

IFB 26-097

Historic Retaining Wall Repair & Tuckpointing

Item Lump Sum Cost

Stone Wall Repair & Tuckpointing $

Drain Tile Repair $

Shoring or Bracing (if applicable) $

Performance & Payment Bond:

(Cost when award exceeds $50,000) $

Total $

Unit Pricing (if applicable Here)

Unit Pricing (if applicable Here)

Applicable Discounts or Additional Pricing Terms:

Length of time for Project (in Weeks) ___________________

Authorized Signature:

(signature indicates acceptance of all bid terms and conditions)

Name & Title:

Date:

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THIS FORM MUST BE COMPLETED AND ENCLOSED WITH THE BID

Audit Clause for Contracts

Examination of Records

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

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

Vendor Information

Company Name: ___________________________________

Business Address: __________________________________

Business Hours: ____________________________________

Phone: ___________________________________________

Fax:_____________________________________________

Email address: _____________________________________

Contact Person: ____________________________________

Authorized Signature: _________________________________________ (Indicates acceptance of all bid terms and conditions)

Date: ____________________

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AFFIDAVIT OF WORK AUTHORIZATION

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

Comes now (Name of Business Entity Authorized

Representative) as (Position/Title) first being duly sworn on my oath, affirm (Business

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

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

Authorized Representative's Signature Printed Name

Title Date

E-Mail Address

Subscribed and sworn to before me this _____________ of ___________________. I am

(DAY) (MONTH, YEAR)

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

(NAME OF COUNTY)

_______________________, and my commission expires on _________________.

(NAME OF STATE) (DATE)

Signature of Notary Date

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ST. CHARLES COUNTY

DOMESTIC PRODUCTS PROCUREMENT ACT (BUY AMERICAN)

The Missouri Domestic Products Procurement Act (34.350-34.359 RSMo) requires that for all bids with a value of $25,000 or more, the goods or commodities purchased by any public agency (which definition includes all political subdivisions of the State, including counties) or used or supplied in the construction, alteration, repair, or maintenance of any public works must be manufactured or produced in the United States. As defined in 34.350 RSMo, United States means the United States of America, the District of Columbia, and all territories and possessions subject to the jurisdiction of the United States. The law also requires that the bidder must provide proof of compliance.

Note: In general, if an import tariff is applied to an item, it does not qualify for the Buy American preference. In addition, Most Favored Nation status does not allow application of the preference.

Section A – All Products Are Manufactured or Produced In U.S.

If all products bid qualify as domestic products under Missouri law, complete only Section A.

I hereby certify that all products qualify as domestic, that the information provided is true and correct, and complies with all provisions of Sections 34.350-34.359 RSMo. I understand that any misrepresentation herein constitutes the commission of a class A misdemeanor pursuant to Section 34.355 of the Revised Statutes of Missouri.

SIGNATURE

COMPANY NAME

If Section A is completed, do not complete Section B.

Section B – Only One Product Line or No Products Are Manufactured or Produced In U.S.

If only one product line or no products are manufactured or produced in the U.S. complete only section B.

I hereby certify that there is only one product line or no product manufactured or produced in the U.S., that the information provided is true and correct, and complies with all provisions of Sections 34.350-34.359 RSMo. I understand that any misrepresentation herein constitutes the commission of a class A misdemeanor pursuant to Section 34.355 of the Revised Statutes of Missouri.

Section C – Products May Qualify Because of Qualifying Treaty If some or all products bid qualify for domestic status because of a trade treaty, etc., then the bidder must identify each product, country and qualifying treaty, etc. below. The bidder must list ALL products which are or may qualify as domestic below. If more space is needed, please copy this form and submit as an attachment.

BID ITEM NUMBER(S) COUNTRY WHERE MANUFACTURED OR

PRODUCED

QUALIFYING TREATY, LAW,

AGREEMENT, OR REGULATION

SECTION C

I hereby certify that the specific items listed above are domestic, that the information provided is true and correct, and complies with all provisions of Sections 34.350-34.359 RSMo. I understand that any misrepresentation herein constitutes the commission of a class A misdemeanor pursuant to Section 34.355 of the Revised Statutes of Missouri.

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Anti-Discrimination Against Israel Act Certification

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

2. This requirement shall not apply to contracts with a total potential value of less than one hundred thousand dollars or to contractors with fewer than ten employees.

3. Vendor affirms they have reviewed the requirements and definitions contained in

RSMo. § 34.600.

Vendor hereby certifies they have complied with the terms of RSMo § 34.600, as applicable to this agreement, and will comply for the duration of the contract period.

Vendor Date

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EXHIBIT A

NOTE: This document is only a Draft and it is being provided with the bid for information purposes only. A fully completed document shall be prepared upon award of the Contract pursuant to this bid to the Successful Offeror/Consultant and shall reflect both parties’ Agreement and input on the terms and conditions which will be included in the final fully executed Agreement.

CONTRACTOR’S AGREEMENT FOR

HISTORIC RETAINING WALL REPAIR & TUCKPOINTING

This Agreement, made by and between XXXXXXXXX, hereinafter called Contractor, and St. Charles County, Missouri, hereinafter called County.

Now therefore, Contractor and County, in consideration of mutual covenants herein set forth, agree as follows:

1. CONTRACT PRICE. County shall pay Contractor in current funds, for completion of the Work designated by the Scope of Work in accordance with the Contract Documents, an amount equal to the sum of the established bid price. For each identified item as indicated in Contractor's Bid, for the total amount not to exceed XXXX Dollars ($XXX.00).

If at any time during the term of the Agreement, the County elects to reduce the number of ordered services or products, the County shall adjust its payments as to be consistent with the itemized pricing figures that the Contractor submitted with the bid and that the parties thereafter incorporated into this Agreement.

The County shall only provide payment for services or products which the County has ordered and that the Contractor delivered, performed, and completed consistent with the terms of this Agreement. All payments are subject to the appropriations laws of the County.

2. SCOPE OF THE WORK. The scope of the work is described in the 26-XXX Historic Retaining Wall

Repair & Tuckpointing bid, including without limitation the Bid Form, which are incorporated herein by this reference.

3. TIME OF COMPLETION. Contractor shall commence operations upon receiving the written Notice to

Proceed from County and at such time to compete the contract work within the time indicated below.

Project completion shall be defined as 100% completion of all items of the project including correction of deficiencies. The project shall be fully complete within XXXXXXX (XX) days of County’s Notice to Proceed.

The time of completion is an essential condition of this Contract.

4. PAY QUANTITIES AND UNIT PRICES. County shall pay the Contractor for all work done based on the pricing set forth in the Bid Form for all work acceptably completed in accordance with the Contract Documents. If the bid was made on the basis of itemized pricing for specific items or services, final payments shall be based on the locations and items ordered by County. County may order the items or services in quantities and locations based on its sole choice. If, during the term of the Agreement, the County reduces the items ordered or services, payments shall be reduced by a commensurate amount based on bid documents or exhibits attached to this Agreement at the time of execution. Contractor shall not restructure itemized prices during the term except by properly executed amendment signed by both parties.

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5. PROGRESS PAYMENT PROCEDURES. County shall make progress payments on account of the Contract Price based on Contractor’s Applications for Payment as approved by the County. All progress payments will be based on the progress of the Work measured by the schedule of values, and in the case of Unit Price Work based on the number of units completed. No progress payments will be made if the Contractor does not have a current progress schedule accepted by the County and/or Contractor has not provided, or County has not approved any required Conditional Waiver and Release on Progress Payment.

Contractor shall submit original signed monthly pay requests to County by the tenth of the month. Such pay requests shall include for approval by County a ‘Conditional Waiver and Release on Progress Payment’ to waive and release any lien, stop payment notice, and/or payment bond rights which any supplier or subcontractor of Contractor may have for labor or services provided or material delivered to Contractor for the project. Payment will be made by the first of the next month. The pay request will reflect the following changes and totals made on past invoices for:

a. Contract Amount

b. Total Change Order amounts

c. Pay Item quantities of work completed that month

d. Additional pay items

e. Previously paid invoices

f. Total retainage to date

g. Total amount due this pay request

h. A retainage of five percent (5%) shall be withheld from each partial payment. It will be returned when County accepts the project as complete.

i. Project Schedule

j. Erosion Control Plan

k. Conditional Waiver and Release on Progress Payment

Subsequent progress payments will be suspended unless Contractor’s project schedule is up to date and acceptable to County, weekly payroll statements of compliance are current, and County has approved any applicable Conditional Waiver and Release on Progress Payment.

6. FINAL PAYMENT AND ACCEPTANCE. When all work provided for under this contract has been completed in conformance with the Bid Specifications and Contract Documents, and accepted without regard to the provisions of guarantee as provided under the terms of this contract, a final cost estimate shall be prepared by Contractor and approved by County and filed with County and with Contractor within fifteen (15) days after the date of acceptance of the work as a statement of the amount due the Contractor. This estimate shall be based on appropriate unit quantities of material placed, including any charges for extra work ordered and properly chargeable under this contract, and deducting any sum properly deductible under this contract.

7. THE CONTRACT DOCUMENTS. Up to Two (2) full sets of drawings and two (2) full sets of Contract

Documents will be provided to Contractor by County at no cost to Contractor. Contractor may purchase additional sets at the printing cost plus ten percent (10%) for handling.

The Contract Documents which comprise the entire Agreement between County and Contractor concerning the work consist of the following:

a. This Agreement.

b. Exhibits attached to this Agreement.

c. Performance and Payment Bonds.

d. Notice of Award.

e. Notice to Proceed.

f. County’s Request for Bid No. 26-097 and Specifications for the project including the drawings set forth therein

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g. Contractor’s Proposal Response in response to Request for Bid No. 26-097 and Bid Form.

h. All Written Amendments and other documents amending, modifying, or supplementing the

Contract Documents, which may be delivered or issued after the Effective Date of the Agreement, and are not attached hereto.

There are no Contract Documents other than those listed in this Agreement. The Contract Documents may be amended, modified, or supplemented only in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by a Field Order, or County’s written interpretation or clarification. In the event of a conflict between this Agreement and the other Contract Documents, this Agreement shall control.

8. RATES OF PAY. Contractor hereby agrees that the prevailing rates of pay shall be paid to skilled and unskilled labor employed under the terms of this contract. The Contractor shall forfeit to County one hundred dollars ($100) for each workman employed, for each calendar day, or portion thereof, such workman is paid less than the said stipulation rates for any work done under said contract, by him or by any subcontractor under him.

9. PERFORMANCE OF THE WORK. Contractor, acting as an independent Contractor, shall furnish all supervision, labor, equipment, tools, materials, and supplies necessary to perform and shall perform all work in accordance with the Contract Documents and any applicable County ordinances, and state and federal laws. Contractor represents and warrants that he has special skills which qualify him to perform the Work in accordance with the Contract and that he is free to perform all such work and is not a party to any other Agreement, written or oral, the performance of which would prevent or interfere with the performance, in whole or in part, of the work. The prime Contractor must perform, with its own organization, contract work amounting to not less than 40% of the total original contract.

10. SUPERVISION. Contractor shall supervise and direct the work, using Contractor'S best skill and attention. Contractor shall be solely responsible for and have control over means, methods, techniques, sequences and procedures and for coordinating all portions of the work under the Contract, unless Contract Documents give other specific instructions concerning those matters.

11. SAFETY. County and any consulting engineer hired by the County may have personnel on the project site from time to time. All information and/or instructions shall be requested in writing by Contractor and responded to in writing. No opinion or instructions will be given to Contractor on safety.

Contractor shall be solely responsible for the safety on and around the project site including shoring, ladders, drop cords, scaffolding, barricades, means, methods, techniques, sequences and procedures.

Contractor shall comply with all requirements of Section 292.675 RSMo., as amended, which is incorporated herein by this reference. Said statute relates to the OSHA Construction Safety Program.

County hereby notifies Contractor that the penalties for failure to comply with the training and all other requirements set forth in said statute include the forfeiture of penalties to County of two thousand five hundred dollars ($2,500.00) plus one hundred dollars ($100.00) for each employee employed by Contractor or a subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training.

12. INDEMNITY. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless

County, any consulting engineer hired by the County, their consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the work itself, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, a subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be

Page 21 of 27 _______________________________________ liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party or person described in this Agreement. The Contractor’s obligations under this section shall survive the termination of the Agreement and shall not be subject to any limits on liability otherwise agreed upon by the parties.

In claims against any person or entity indemnified under the above paragraph by an employee of the Contractor, a subcontractor, or anyone directly or indirectly employed by them or anyone whose acts they may be liable, the indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts.

The obligations of Contractor under this section shall not extend to the liability of County, the County’s consultants, and agents and employees of any of them arising out of

(1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions, after requested in writing by the Contractor, or instructions by County, County’s consultants, and agents and employees of any of them provided such instructions or failure to give is the primary cause of the injury or damage.

13. TERMINATION BY COUNTY OR CONTRACTOR.

(a) If Contractor is adjudged to be bankrupt, or if Contractor makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of Contractor’s insolvency, or if Contractor fails, except in cases for which extension of time is provided, to make progress in accordance with the project schedule, or if Contractor fails to make prompt payment to subcontractors or prompt payment for material or labor, or disregards laws, ordinances or the instructions of County, or otherwise breaches any provision of the Contract Documents, County may, without prejudice to any other right or remedy, terminate the contract by giving written notice to Contractor and his surety. Upon such notification County shall be entitled to take possession of the work and of all materials and equipment thereon and finish the work by whatever method County may deem expedient, which may include, but is not limited to, County itself completing the work or County hiring others to complete said work. In such case, Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price shall exceed the expenses of finishing the work, including additional engineering, architectural, managerial and administrative expenses, such excess shall be paid to Contractor. If such expenses and damages exceed the unpaid balance of the Contract Price, Contractor shall pay the difference to County promptly upon demand. In the event of termination pursuant to this paragraph, Contractor, upon the request of County, shall promptly:

i. assign to the County in the manner and to the extent directed by County all right, title and interest of the Contractor under any subcontracts, purchase orders and construction equipment leases to which Contractor is a party and which relate to the work or to construction equipment required therefore, and

ii. make available to County to the extent directed by County all construction equipment owned by Contractor and employed in connection with the work.

(b) The County may terminate this Agreement by giving three (3) days prior written notice to Contractor if County, in its sole discretion, decides to discontinue or suspend the work. In the event of such termination, as opposed to termination pursuant to paragraph (a) of this Section, the Contract Price shall be reduced in an equitable manner by Agreement between the parties.

14. AUDIT CLAUSE. Contractor’s records which shall include, but not be limited to, accounting records

(hard copy, as well as computer readable data), written policies and procedures, subcontractor files, indirect cost records, overhead allocation records, correspondence, instructions, drawings, receipts, vouchers, memoranda, and any other data relating to this contract shall be open to inspection and subject to audit and/or reproduction by the County Auditor, or a duly authorized representative from the

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County, at the County’s expense. The Contractor shall preserve all such records for a period of three years, unless permission to destroy them is granted by the County, or for such longer period as may be required by law, after the final payment. Since the Contractor is not subject to the Missouri Sunshine Law (Chapter 610, RSMo), information regarding Contractor’s operations obtained during audits will be kept confidential. Contractor shall require all subcontractors under this contract to comply with the provisions of this Section by including the requirements herein in written contracts with said subcontractors.

15. CHOICE OF LAW; VENUE. The Contract Documents shall be governed by and construed in accordance with the laws of the State of Missouri. Venue for any legal action in connection with the Contract Documents shall lie in the Circuit Court of St. Charles County, Missouri.

16. NON-WAIVER OF SOVEREIGN IMMUNITY. The County hereby asserts and maintains its sovereign immunity to the fullest extent permitted by law. Nothing in the Agreement shall be construed as a waiver of the County’s sovereign immunity or as consent by the County to be sued in any forum or manner except as provided by law. The County’s sovereign immunity shall survive the termination or expiration of the Agreement and shall remain in full force and effect in accordance with any and all applicable laws.

17. APPROPRIATIONS. Any obligation on the part of the County to pay any amount due under the

Agreement is subject to appropriation by the County in each…