Kinloch Park Renovations Phase 2 - Part 2.pdf

IFB # 2026-07-2278-ND Page 1 7/13/26

INVITATION FOR BIDS # 2026-07-2278-ND

KINLOCH PARK RENOVATIONS PHASE 2 – PART 2

St. Louis County is soliciting bids to perform renovations at Kinloch Park (“Project”), including the construction and installation of a pre-fabricated concrete restroom building and associated site improvements. The work encompasses concrete and carpentry construction, plumbing and electrical systems, utility connections, and exterior improvements such as paving, grading, and landscaping.

All times stated in this solicitation are in Prevailing Central Time. Bidders are responsible for adjusting to this time zone accordingly.

SCHEDULE

EXPECTED NUMBER OF CONTRACTS One PRE-BID MEETING DATE AND TIME Wednesday, July 22, 2026, at 10:00 a.m.

IS PRE-BID MEETING MANDATORY? No, but strongly recommended

PRE-BID MEETING LOCATION Kinloch Park, 5541 Mable Avenue, St. Louis, Missouri 63140

DEADLINE FOR QUESTIONS & COMMENTS Thursday, August 13, 2026, at 2:00 p.m.

BID DUE DATE AND TIME Thursday, August 20, 2026, at 2:00 p.m.

CONTRACT

M/WBE PARTICIPATION GOALS 0%

MAGNITUDE OF PROJECT Between $500,000 and $1,000,000.

EXPECTED DURATION OF AGREEMENT Nine months

REQUIRED BONDS Payment and Performance for 100% of the bid amount

PAYMENT METHOD Invoices based upon work completed

DESIGNATED POINT OF CONTACT

NIKKI DAWSON Ndawson@stlouiscountymo.gov

Direct all communication from a bidder or a bidder’s representative relating to this solicitation to the designated Point of Contact above. Submit bids via the County’s online portal. Paper, faxed, emailed, or hand-written bids will not be considered. Bidders can register at the Vendor Self Service website, at https://stlouiscountymovendors.munisselfservice.com.

Plans may be found in the County’s Plan Room https://www.stlouiscoplans.com/ at Cross Rhodes.com.

Bid openings are virtual and can be seen here:

Click here to Join Meeting ID: 237 992 395 167 Passcode: 3jg3eK3x

Dial in by phone +1 872-256-4170 Click here to find a local number Phone conference ID: 636 115 662# https://stlouiscountymovendors.munisselfservice.com/ https://www.stlouiscoplans.com/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2Y4OGNjNWItYWFiMi00ZDhlLTg1ODQtZTRiMDgzMjYyZTU1%40thread.v2/0?context=%7b%22Tid%22%3a%225102876d-b686-4f35-9dca-09ae7168aa1a%22%2c%22Oid%22%3a%22d0c220d2-0c9f-44e3-bcfe-f28a362e83db%22%7d https://dialin.teams.microsoft.com/3a0fad64-9d76-4fc0-b9b2-18c256342097?id=636115662

IFB # 2026-07-2278-ND Page 2 7/13/26

MINIMUM QUALIFICATIONS

Since Project funds have time constraints, bids will only be accepted from companies that meet the following requirements:

• Bonding capacity for projects of this size or more

PROJECT SCHEDULE

The expected Project schedule is as follows:

Description Timeframe

Notice To Proceed 30 calendar days after Contract Execution

All first-tier subcontracts to be uploaded to B2Gnow 30 calendar days after Contract Execution

Contractor submits all project submittals 45 calendar days after Notice to Proceed

Substantial Completion Friday, May 1, 2027

Final Completion Tuesday, June 1, 2027

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TABLE OF CONTENTS

MINIMUM QUALIFICATIONS

PROJECT SCHEDULE

SECTION 1 - DEFINITIONS

SECTION 2 - INSTRUCTIONS TO BIDDERS

2.1 Questions and Exceptions 9

2.2 Revisions and Amendments 10

2.3 Communication During the Solicitation Process 10

2.4 Pre-Bid Conference and Site Visits 10

2.5 Prohibited Prior Work 11

2.6 No Commitment 11

2.7 M/WBE Requirements 11

2.8 County Apprenticeship requirements 11

2.9 Prevailing Wages 11

2.10 Modification or Withdrawal of Bids 11

2.11 Bid Pricing 12

2.12 Allowances 12

2.13 Mistakes in Bids 13

2.14 Electronic Submission 13

2.15 Submission and Opening of Bids 13

2.16 Acceptance and Award 14

2.17 Determination of Responsiveness 14

2.18 Determination of Responsibility 14

2.19 Forms Required 14

2.20 Post Bid Requirements 15

2.21 Post Award Requirements 15

SECTION 3 - PROTESTS

3.1 Protest Eligibility 16

3.2 Protest Deadlines 16

3.3 Protest Contents 16

SECTION 4 - BIDDERS REPRESENTATIONS

SECTION 5 - STANDARD COUNTY TERMS AND CONDITIONS

5.1 Conflicts of Interest 18

5.2 Contingent Fee 19

5.3 Non-Discrimination in Employment 19

5.4 No Agency 19

5.5 Independent Contractor 20

5.6 Subcontractors 20

5.7 Licenses 20

5.8 Compliance with False Claims Act 20

5.9 Funding Out 20

5.10 Anti-Kickback 20

5.11 Prohibited Contributions 21

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5.12 Apprenticeship Program Requirements 21

5.13 Indemnification 21

5.14 No Assignment 21

5.15 Waivers 22

5.16 Severability 22

5.17 Force Majeure 22

5.18 Communications 23

5.19 Sales Tax on County Projects 23

5.20 Americans with Disabilities Act (ADA) Requirements 24

5.21 Data Privacy and Security Requirements 25

5.22 Records and Audits 25

5.23 Missouri Prevailing Wage Law Requirements 26

5.24 E-Verify 26

5.25 Compliance with Law 26

5.26 Disputes 27

5.27 Disentanglement 27

5.28 Termination 27

5.29 Suspension of Work 29

5.30 Order of Precedence: 29

5.31 Governing Law 30

SECTION 6 - INSURANCE AND BOND REQUIREMENTS

6.1 Insurance Requirements 30

6.2 Commercial General Liability 30

6.3 Business Automobile Liability 30

6.4 Workers’ Compensation 31

6.5 Pollution Liability or Environmental Liability 31

6.6 Professional Liability and Errors and Omissions (E&O) 32

6.7 Builders Risk Insurance 32

6.8 Cancellation or Termination of Insurance 33

6.9 Non-Waiver of Governmental Sovereign Immunity 33

6.10 Certificates of Insurance 33

6.11 Performance and Labor and Material Payment Bonds 34

SECTION 7 - PERIOD OF PERFORMANCE

7.1 Commencement of Work 34

7.2 Contract Time 35

7.3 Progress and Completion 35

7.4 Delays and Extensions of Time 36

SECTION 8 - COUNTY

8.1 County Representative 36

8.2 Information and Services Required of the County 36

8.3 County’s Right to Stop Work 36

8.4 County’s Right to Carry Out Work 37

SECTION 9 - ARCHITECT

9.1 Administration of the Contract 37

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9.2 Communication with the Architect 38

9.3 Inspection of Work and Preparation of Documents 38

SECTION 10 - DRAWINGS AND SPECIFICATIONS

10.1 Availability 39

10.2 Differing Conditions 40

10.3 Building Information Models Use and Reliance 40

10.4 Number of Copies Furnished 40

10.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service 40

SECTION 11 - SUBCONTRACTS

11.1 Substitution 41

11.2 Required Provisions for Subcontractors 41

11.3 Coordination with other Contractors 41

SECTION 12 - PAYMENT TO CONTRACTOR

12.1 Schedule of Values 41

12.2 Application for Payment 42

12.3 Progress Payments 42

12.4 Payment for Materials 45

12.5 Payments Withheld 46

12.6 Failure of Payment 46

12.7 Final Payment 47

12.8 Unsatisfied Claims 48

SECTION 13 - CHANGES IN WORK

13.1 General Information 48

13.2 Minor Changes 50

13.3 Construction Change Directives 51

13.4 Emergency Changes 52

13.5 Changes Affecting M/WBE Participation 52

SECTION 14 - LIQUIDATED DAMAGES AND SUBSTANTIAL COMPLETION

14.1 Determination of Substantial Completion 52

14.2 Notice of Liquidated Damages 53

14.3 Amount of Liquidated Damages 54

SECTION 15 - MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE (M/WBE) PROVISIONS

15.1 M/WBE Qualifications 54

15.2 Types of M/WBE Participation 54

15.3 Commercially Useful Function Standards 55

15.4 Participation Goals 55

15.5 Workforce Goals 56

15.6 Failure to Meet Goals 56

SECTION 16 - CLAIMS AND DISPUTES

16.1 Claims 56

16.2 Notice of Claims 56

16.3 Continuing Contract Performance 56

16.4 Claims for Additional Cost 57

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16.5 Claims for Additional Time 57

16.6 Disputes 57

SECTION 17 - SCOPE OF WORK

17.1 Project Overview 57

17.2 Detailed Scope of Work 58

17.3 Environmental Compliance / Stormwater Pollution Prevention Plan (SWPPP) 59

17.4 Meetings 59

17.5 Unit Prices 60

17.6 Permits and Fees 60

SECTION 18 - CONTRACTOR

18.1 Contractor Responsibilities 61

18.2 Contractor Staff 61

18.3 General Obligations of the Contractor 62

18.4 Contractor’s Construction Schedule 63

18.5 Review of Contract Documents and Field Conditions by Contractor 63

18.6 Compliance with Contract Documents 65

18.7 Services and Utilities 66

18.8 Employee Identification 66

18.9 Shop Drawings and Submittals 66

18.10 Logo on Equipment 67

18.11 Superintendent 68

18.12 Project Manager 68

18.13 Project Coordination 68

18.14 Construction Facilities and Temporary Controls 68

18.15 Materials and Workmanship 69

18.16 Warranty 70

18.17 Defective Work 71

18.18 Uncovering of Work 71

18.19 Correction of Work 71

18.20 Acceptance of Nonconforming Work 72

18.21 Reimbursement of Architect 72

18.22 Photographic Documentation 73

18.23 Occupational Safety and Health Administration (OSHA) Training 73

18.24 Penalties for Failure to Provide Safety Training 74

SECTION 19 - SITE MAINTENANCE AND SAFETY

19.1 Noise Control 75

19.2 Dust Control 75

19.3 Cleaning and Waste Removal 75

19.4 Work Site Safety 76

19.5 Barricades 77

19.6 Injury or Damage to Person or Property 78

19.7 Hazardous Materials and Substances 78

19.8 Access to Work 79

19.9 County Use of Facilities 79

IFB # 2026-07-2278-ND Page 7 7/13/26

SECTION 20 - RECORD DRAWINGS

BID FORM

UNIT PRICES

AFFIDAVIT OF COMPLIANCE WITH SECTION 107.130 (7) SLCRO and WORK AUTHORIZATION AFFIDAVIT

FOR BUSINESS ENTITIES PURSUANT TO 285.530 RSMO. FOR CONTRACTS OVER $5,000.00

VENDOR INFORMATION FORM

VENDOR BACKGROUND INFORMATION AND REFERENCES – PAGE 1

VENDOR BACKGROUND INFORMATION AND REFERENCES – PAGE 2

PREVAILING WAGE

CERTIFICATION OF NON-SEGREGATED FACILITIES

CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS,

DRUG-FREE WORKPLACE REQUIREMENTS AND LOBBYING

MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS DIVISION OF LABOR STANDARDS -

AFFIDAVIT COMPLIANCE WITH THE PREVAILING WAGE LAW

ATTACHMENTS / SEPARATE DOCUMENTS

PROPOSED SCHEDULE OF VALUES – (1 page)

PROJECT MANUAL - Kinloch Park Renovations 5541 Mable Ave. Kinloch, MO 63140 LWCF 29-01767- Phase 2 OWH Project No. 2300010 (216 pages)

DRAWING - Kinloch Park Renovation 5541 Mable Ave. Kinloch, MO 63140 LWCF 29-01767 - Phase 2 OWH Project #: 2300010 BID PACKAGE 05-13-26 (32 pages)

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PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 1 - DEFINITIONS

Amendment - Written or graphic instruments issued prior to receipt of the bids, that modifies or interprets the bid solicitation documents by additions, deletions, clarifications, or corrections.

Architect - the Architect of Record and/or Engineer of Record, as applicable, whose firm or name is appropriately licensed by the State of Missouri to provide contract design responsibility for the Project. This firm or person designs and prepares documents from which the building, site and/or building systems are constructed and signs/seals the required construction documents (including all required drawings, specifications, and details of the Work), submitted for permit(s) to the Authorities Having Jurisdiction (AHJ).

Business Day - Monday through Friday except for County holidays.

Claim - A demand or assertion by one of the parties seeking payment of money, adjustment or change in the Contract terms, or other relief relating to the Contract.

Contract - The entire integrated agreement between the parties.

Contract Documents - All of the documents that make up the Contract.

Contract Sum – the total amount of money that the County agrees to pay the Contractor for performing the required services.

County – Owner / St. Louis County, MO.

County Technical Representative – Any firm hired by the County to provide technical support and/or representation on behalf of the County for the project while operating under County direction.

Critical Path – the sequence of activities that begins at the Notice to Proceed and extends through Substantial Completion of the Project; a delay to any activity on this path will extend the total duration of the Work.

Delay Event – any occurrence delaying or preventing performance under the contract. This includes an event delaying or preventing the construction of a building or related works, and a delay in obtaining any approval, registration, permission, exemption, insurance or any other thing necessary for completion of the Work. A delay event does not include an event delaying or preventing completion of the contract that the contractor has caused or substantially contributed to.

Drawings - The graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.

Final Completion - The time that final inspection has been performed and the final Certificate for Payment has been issued and the County has accepted the Work.

Float (Free) - The amount of time that an activity can be delayed without affecting the start

IFB # 2026-07-2278-ND Page 9 7/13/26 date of a subsequent activity or activities.

Float (Total) - The amount of time that an activity or group of activities can be delayed without affecting the completion date of the Project.

Initial Decision Maker - The County’s representative.

Instruments of Service - Representations, in any medium of expression, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants for the Project.

M/WBE - (Minority / Woman Owned Business Enterprise) - a for-profit enterprise at least 51% owned, operated, and controlled by a minority group member or by a woman, that is certified by an agency acceptable to the Director of Procurement; presently the Missouri Regional Certification Committee (MRCC) or St. Louis Development Corporation (SLDC).

Owner - St. Louis County, MO.

The Project - The total of all Work and activities required under the Contract Documents.

Specifications - Those portions of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

Sub-Contractor - A person or entity who submits a proposal to a bidder to supply materials, equipment, or labor for a portion of the Work, and has a direct contract with the awarded bidder to perform a portion of the Work.

Sub-Subcontractor - A person or entity who has a contract with a Subcontractor to perform a portion of the Subcontractor’s Work.

Substantial Completion - the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.

Unit Prices - Items, such as portions of work or certain materials, for which a contractor provides separate individual prices for each item. Each unit price shall include the corresponding OH&P (overhead and profit) within the unit price.

Work - The construction and services required of and provided by the Contractor or Subcontractors, which may constitute the whole or a part of the Project.

SECTION 2 - INSTRUCTIONS TO BIDDERS

2.1 Questions and Exceptions

2.1.1 Submit questions regarding this IFB to the Designated Point of Contact by the Deadline for Questions and Comments. Questions and comments received after the deadline may not be acknowledged.

2.1.2 If taking exceptions to any portion of this solicitation, submit the exceptions in writing to the Designated Point of Contact by the Deadline for Questions and

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Comments. Identify specific sections and paragraph numbers to which exceptions are taken. If requesting changes to language, identify specific words or phrases to be changed and provide suggested language. If the County agrees, the solicitation will be revised and an amendment will be posted.

2.1.3 Failure to take exceptions prior to the deadline stated or as directed will be deemed a waiver of any objection. Bids that are conditional or include exceptions may be considered non-responsive and will be rejected.

2.1.4 Requests for partial modification or complete replacement of the County’s Standard Agreement terms will not be granted.

2.1.5 Report any observed inconsistencies or errors in the specifications before submitting a bid, so corrections may be made and if required, additional time may be provided.

2.2 Revisions and Amendments

The County may cancel, revise, or reissue this solicitation, in whole or in part, for any reason. Revisions will be posted as an amendment on the Vendor Self Service site. No other revision of this solicitation will be valid. Bidders are solely responsible for ensuring that they have received all amendments prior to submitting bids, and for compliance with all changes or requirements put out through amendments.

2.3 Communication During the Solicitation Process

2.3.1 County solicitations, once published, are under a "Cone of Silence”. Violation by a bidder or bidder’s representative may result in rejection of the bid and may result in a bidder being found non-responsive, barred from participating in this or future procurements, and becoming subject to other legal penalties.

2.3.2 Other than the Designated Point of Contact, no bidder or person acting on behalf of a prospective bidder may communicate with or discuss any matter relating to the solicitation with any officer, agent, or employee of the County except the specific types of communication defined in Section 107.401 SLCRO.

2.4 Pre-Bid Conference and Site Visits

2.4.1 Answers to questions raised prior to and at the pre-bid conference will be posted as an amendment on the Vendor Self Service site, which will be the official responses.

2.4.2 If the pre-bid meeting is mandatory, bidders who did not attend the pre-bid meeting will be disqualified.

2.4.3 Bidders desiring to attend the pre-bid conference or a site visit and require an accommodation due to a disability should contact the Designated Point of Contact to request accommodation. Efforts will be made to provide an accommodation as long as the request is submitted at least 48 hours before the start of the event.

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2.5 Prohibited Prior Work

2.5.1 No person or entity may submit a bid in response to this solicitation if that person or entity has:

A. Assisted the County in drafting or establishing specifications, requirements, or cost estimates for this procurement, or

B. Had access and exposure to information pertinent to this procurement that is unavailable to other bidders.

2.5.2 Bidders that received assistance from any such person or entity or who will use the person or entity in performing the requested services will be disqualified.

2.5.3 The prohibition does not apply to general, non-specific advice or information offered to or requested by the County to aid in developing the solicitation, or to comments made subsequent to publication of the solicitation.

2.6 No Commitment

This solicitation does not commit the County to make an award, nor will the County pay any costs incurred by bidders in preparing and submitting bids, or in making necessary studies for bids. The County may reject all bids and cancel this solicitation.

2.7 M/WBE Requirements

If M/WBE participation goals are required, the bid submission should include evidence of having met the goals or of having made good faith efforts to meet the goals. Failure to include such evidence may result in rejection of the bid as non-responsive. Even if a bidder believes it has met the goals, inclusion of good faith efforts evidence is recommended.

2.8 County Apprenticeship requirements

For construction bids of over $75,000, the bidder and proposed subcontractors must participate in or maintain apprentice programs registered with the U.S. Department of Labor. Failure to acknowledge or provide evidence of such participation, if requested, will render a bid non-responsive. (See Standard County Terms and Conditions.)

2.9 Prevailing Wages

Prevailing Wage requirements found in Section 290.500 RSMo et. seq., and Section

107.520 SLCRO et. seq. will apply to any contract resulting from this solicitation.

2.10 Modification or Withdrawal of Bids

2.10.1 Bids may be withdrawn any time prior to the scheduled closing time for receipt of bids. No bid may be modified or withdrawn for a period of 90 calendar days after the scheduled closing time.

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2.10.2 Bids submitted early may be withdrawn by email to the Designated Point of Contact prior to the submission deadline. Withdrawn bids may be resubmitted up to the time designated for receipt of bids provided that they are then fully in conformance with this IFB.

2.11 Bid Pricing

2.11.1 Submit prices for identified items or as a lump sum, as directed, using the Vendor Self Service Portal. A Bid Form may be included in this IFB, and a copy of may be required to be submitted with bids, but the official total bid price will be that entered in the Vendor Self Service portal.

2.11.2 The County is exempt from Missouri sales and use tax and will provide a sales tax exemption certificate to the awarded Contractor. Do not include any sales tax in the bid.

2.12 Allowances

In the base bid price, include Allowances as listed below. The Bidder must include all required overhead, profit, and fees for Allowances within their Bid. Overhead and profit and fees shall be calculated on top of the stated Allowance Amounts not within the stated Allowances Amounts. Contractor's costs for products, delivery, unloading, handling, installation, labor, insurance, payroll, taxes, bonding, equipment rental, and other expenses must be included in any written request authorizing expenditure of funds from the Allowance. At closeout of Contract, funds remaining in an Allowance will be credited to County by Change Order.

2.12.1 Requirements

A. Allowances may be used only at the discretion of the County.

B. Allowances may not be used to address the effects of weather conditions.

C. Allowances may not be used to address work that becomes necessary only due to the Contractor’s errors or means and methods of carrying out the Work.

D. Allowances are to be used only with prior written County agreement for the Work originally intended. The Contractor cannot use funds from one allowance for another purpose on Project.

2.12.2 Allowances in this Contract

A. $70,700.00 Unknown Conditions Allowance

• The Contractor will include a fixed Allowance amount of $70,700.00 in its bid for this item. This Allowance is for unknown conditions or unforeseen circumstances.

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2.13 Mistakes in Bids

2.13.1 If there is an obvious disparity between the unit prices or lump sum of bids, the County may contact the bidders to validate the bid. This does not relieve a bidder from the responsibility for the submission of a correct bid and no change to the price may be made. If the bidder can provide convincing evidence that the bid was a mistake, the Director of Procurement may determine if the bid for that item or items may be withdrawn without penalty.

2.13.2 Bidders have two business days after the unofficial bid tabulation is posted on the County’s website to notify the Director of Procurement, in writing, of any alleged mistakes in bids. The communication must include convincing evidence that supports the existence of the mistake.

2.13.3 If the basis of award is “all or nothing”, then the entire bid may be forfeited. If the basis of award is “line by line”, the bidder’s other line-item prices may be considered. If the basis of award is “by groups” and the mistake is part of any group or line items, the entire group will not be considered for award.

2.14 Electronic Submission

By submitting a bid or quote electronically, the bidder acknowledges that it has made a legal bid, is bound by all responsibilities of a legal bid, is subject to penalties for failing to be bound by a legal bid, and that the person whose signature is electronically affixed is authorized to sign and submit the bid or quote.

2.15 Submission and Opening of Bids

2.15.1 Allow time for all documents to be uploaded. Bidders are responsible for submitting bids and any modifications or revisions to their bids by the time specified. Bids, modifications, and revisions received after the time specified will not be considered.

2.15.2 The Director of Procurement may accept or reject any bid(s) and may waive any irregularities in the bids if such waiver does not substantially change the bid or provide an unfair competitive advantage to any bidder.

2.15.3 Bids must be submitted electronically through the County’s designated online bidding system. Bids submitted by email, paper, fax, or hand delivery will not be accepted except in the limited circumstance of an emergency exception due to a verified system outage of the County’s online bidding system. The Director of Procurement in such cases may authorize an alternative submission method for that specific event.

2.15.4 Bids must be signed by a legally authorized representative of the bidding firm.

2.15.5 All open bids become the property of the County and are subject to the Missouri Sunshine Law (Chapter 610 RSMo). Bid contents, with select

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2.15.6 Failure to comply with the requirements of this IFB or evidence of unfair bid practices is cause for rejection of the bid.

2.16 Acceptance and Award

2.16.1 The award, if made, will be to the responsive, responsible bidder offering the lowest price or prices determined to be fair and reasonable.

2.16.2 After receipt and review of bids, an unofficial bid tabulation will be posted on the County website. The posting does not constitute an award. Notice of Award will be posted to the site and the County will issue a Purchase Order/Contract to the successful bidder.

2.17 Determination of Responsiveness

2.17.1 Each bid will be reviewed for compliance with the instructions in this solicitation. The County may waive minor informalities or irregularities that do not alter the material terms of the bid or prejudice the competitive process.

2.17.2 Failure to conform to any revisions in instructions or specifications may render a bid non-responsive.

2.17.3 If a bid is found non-responsive, the County will notify the bidder, and the bid will receive no further consideration.

2.18 Determination of Responsibility

Prior to awarding a contract, the County will make a determination of a bidder's responsibility based on information submitted with the bid, information submitted upon County request, information resulting from the County’s inquiry of bidder's references and investigations into the bidder’s background, and the County’s own knowledge of the bidder. The County may consider matters such as the bidder’s integrity, compliance with public policy, record of past performance, and financial and technical resources. Bidders determined to be non-responsible and who cannot be made to be responsible within timelines set by the County will not be considered further.

2.19 Forms Required

2.19.1 Forms required at time of bid submittal for all bids:

A. ☐ Bid Form (Pricing)

B. ☐ Unit Prices

C. ☐ Any other document required by the IFB to determine the bid price, scope, or its binding offer.

2.19.2 Forms requested at time of bid submittal:

A. ☐ Vendor Information Form

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B. ☐ Vendor Background Information and References Form, including documents required on the form

C. ☐ Copy of Missouri Secretary of State Registration showing current status.

i. If the company is domiciled in another state, they must register with Missouri

D. ☐ Affidavit of Compliance with 107.130 SLCRO and Work Authorization Affidavit Pursuant to 285.530 RSMo

E. ☐ Certificate of Non-Segregated Facilities

F. ☐ U.S. Department of Labor Certification Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying

G. ☐ M/WBE Certification (if applicable)

2.20 Post Bid Requirements

The following may be required within 24 hours of bid submission, or later at County’s discretion:

2.20.1 Forms

A. Audited financial statements

B. Signed Amendment(s)

2.21 Post Award Requirements

The following will be required prior to execution of a contract:

2.21.1 Forms

A. Insurance certificates if not already provided

B. Bonds and Bond Letters, as follows:

i. Prior to contract execution, the Contractor must submit a letter from its surety stating that it will issue the required bonds for the full bid amount.

ii. After the contract is fully executed, the Contract must provide the actual Performance and Payment Bonds. The purchase order will not be released until all required bonds have been received and approved by the County.

2.21.2 Disclosures

If applicable and requested by the County:

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A. Disclosure of all pending litigation and tax liens;

B. Disclosure of criminal charges where the company or officers or owners of over 10% of the company are defendants.

SECTION 3 - PROTESTS

3.1 Protest Eligibility

3.1.1 Protests or objections may be filed regarding the procurement process, solicitation or amendment content, or intent to award.

3.1.2 The County will review only protests submitted by actual or prospective bidders. Protests by others will be rejected.

3.2 Protest Deadlines

3.2.1 Protests must be filed, with all supporting materials, by 5:00 p.m. on the deadlines below. Failure to meet the deadline constitutes a waiver of the protest. Supplemental materials submitted after the deadline will not be considered unless the County determines that extenuating circumstances exist.

3.2.2 For protests relating to the content of the solicitation or any amendment, including M/WBE requirements, file within five business days after the County releases the solicitation or amendment.

3.2.3 For protests relating to determinations of non-responsiveness or non-responsibility, file within five business days after the County issues such notice.

3.2.4 For protests relating to intent to award, file within five business days after the County issues the unofficial bid tab.

3.2.5 The date of filing is the date the County receives the protest, unless received after 5:00 p.m., or on a non-business Day, in which case the date of filing will be the next Business Day.

3.3 Protest Contents

Submit protests in writing to the Director of Procurement. Include all of the following in the letter of protest:

3.3.1 Submit protests in writing to the Director of Procurement, via the Designated Point of Contact.

3.3.2 Detailed grounds for the protest, supported by relevant documents, evidence, or other pertinent information; and

3.3.3 The specific law, rule, regulation, or policy allegedly violated; and

3.3.4 Identification of proprietary and confidential material, indicated by stating on the front page of the protest document that proprietary material is included

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(if applicable); and identifying the alleged proprietary information wherever it appears within the protest documents.

3.3.5 Public Availability - Protest documents are public records and will be released unless withholding is required by law. A protester may not designate an entire protest, or a majority of it, as proprietary or confidential; any such designation will result in the entire protest being treated as non-confidential.

SECTION 4 - BIDDERS REPRESENTATIONS

This bid constitutes a firm offer by the bidder to the County to provide all of the goods and services described in the IFB. By submitting a bid through the County’s Vendor Self Service, the bidder certifies and represents that it:

• Has examined and is familiar with all of the provisions of the IFB and all plans, specifications, and incorporated references, including any amendments;

• Has visited the project site and is familiar with the conditions under which the work is to be performed and the local conditions as related to the requirements of the solicitation, and has taken steps reasonably necessary to satisfy itself as to factors that can affect the Work or its costs;

• Will perform in conformance with the requirements and conditions of the solicitation, providing all necessary labor, machinery, tools, and equipment to do all the work and furnish all the materials specified, in the manner and times prescribed and according to the requirements set forth in the Contract Documents or any modifications to those documents;

• Has based bid prices only upon the services, materials, and systems required by the IFB and prices are not subject to contingence, reservation, or exception;

• Has arrived at the bid prices independently, without consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices with any other Contractor or with any competition;

• Has not employed or retained any person other than a full-time bona fide employee working solely for the bidder to solicit or secure this contract;

• Has made no attempt to induce any other person or firm to submit or not to submit a bid or proposal for the purpose of restricting competition;

• Is current with all County taxes, if applicable;

• Has all required licenses and has verified that its subcontractors have all licenses that may be required for their portions of the Work;

• Has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents;

• Has verified compliance with The Construction Safety Training Act, Section 292.675 RSMo, which requires contractors and subcontractors who enter into construction contracts with public bodies to train their on-site employees regarding potential

IFB # 2026-07-2278-ND Page 18 7/13/26 hazards, has verified the completion of the safety program with respect to the employees working in connection with the contracted services, if required, and acknowledges the penalties for noncompliance;

• Has not made a campaign contribution to a candidate for elective office authorized by the St. Louis County Charter (County Executive, County Councilmember, County Prosecutor, or County Assessor) within 90 days of issuance of this solicitation (see “Standard County Terms and Conditions”); and will not make a prohibited contribution within 90 days after award of the contract from this solicitation;

• Is not currently engaged in, and will not, for the duration of the contract with St.

Louis County, engage in a “Boycott of the State of Israel” (as defined in Section

34.600 RSMo) in regards to:

• Goods or services from the State of Israel;

• Companies doing business in, or with, the State of Israel;

• Companies 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;

• Will comply with all applicable laws, ordinances, rules and regulations governing the conduct of business in St. Louis County and the State of Missouri;

• Will meet the M/WBE goal requirements of the project if any;

• Had direct contact with the firms listed in the Utilization Plan regarding participation in the Project;

• Will enter into agreements with the M/WBE firms listed on the Utilization Plan if awarded the contract;

• Is not debarred, suspended, or otherwise excluded from, or ineligible for participation in, federal, state, or County programs or activities.

AGREEMENT TERMS AND THE GENERAL CONDITIONS FOR THE CONTRACT

SECTION 5 - STANDARD COUNTY TERMS AND CONDITIONS

The following contract terms, in addition to requirements and services identified in this solicitation, will be included in the contract entered into by the County and the successful bidder. The County expressly reserves the right to include any additional or different terms in the contract.

5.1 Conflicts of Interest

5.1.1 Contractors and their agents currently doing business with or planning to seek contract awards from the County may not offer gifts to County officers, employees, or agents, nor may County officers, employees, and agents solicit or accept gifts, gratuities, favors, or anything of monetary value from

IFB # 2026-07-2278-ND Page 19 7/13/26 contractors, potential contractors, or parties to sub-agreements. Any party offering gifts in contravention of these requirements may be found non-responsible and barred from entering new contracts with the County by the Director of Procurement, may have current contracts terminated, and may be subject to further legal action.

5.1.2 Contractors may not employ any elected or appointed official of the County or any member of his/her immediate family.

5.1.3 Throughout the duration of the contract, the contractor agrees to disclose any pending or active investigations or litigation that may affect the ability of the contractor to carry out the project.

5.2 Contingent Fee

Contractor warrants that no agreement has been made with any person or agency to solicit or secure this contract upon an understanding for a gratuity, percentage, brokerage, or contingent fee in any form to any person excepting bona fide employees of Contractor or bona fide established commercial or sales agencies. For breach of this warranty, County may terminate the contract and may pursue the same remedies as it could pursue in the event of a breach of contract. The rights and remedies of County provided in this paragraph are in addition to any other rights or remedies provided by law.

5.3 Non-Discrimination in Employment

Contractor may not discriminate against any employee or applicant for employment because of actual or perceived race, creed, color, gender, sex, sexual orientation, gender, gender identity, gender expression, political affiliation, religion, national, ethnic, or cultural origin, age, marital status, or disability. The contractor will ensure that applicants and employees are treated during their employment without regard to actual or perceived race, creed, color, gender, sex, sexual orientation, gender, gender identity, gender expression, political affiliation, religion, national, ethnic, or cultural origin, age, marital status, or disability. Such action includes employment upgrading, demotion or transfer, rates of pay or other forms of compensation, and selection for training including apprenticeship. Contractor shall not discriminate against any employee or applicant for employment because of hairstyle, protective hair, or natural or cultural hair texture or style, unless based upon demonstrable workplace safety concerns directly related to duties and responsibilities of the employment position. In the event of noncompliance with the provisions of this paragraph, the contract may be terminated or suspended in whole or in part and the contractor may be declared ineligible for further County contracts for a period to be determined by the Director of Procurement.

5.4 No Agency

Except as the County may specify in writing, the Contractor has no authority, express or implied, to act on behalf of the County in any capacity whatsoever, as an agent or

IFB # 2026-07-2278-ND Page 20 7/13/26 otherwise, or to bind the County or its members, agents, or employees to any obligation whatsoever, unless expressly provided in this contract.

5.5 Independent Contractor

The relationship of the Contractor to the County will be that of independent contractor and no principal-agent or employer-employee relationship will be created by the contract. Contractor will have and retain full control of all hiring, compensation, and discharge of its employees and will be fully responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding tax, and all other laws and regulations governing such matters.

5.6 Subcontractors

Subcontractors may not perform work under this contract without the prior written approval of the County, nor may Subcontractors named in the bid be replaced without prior approval of the County. Regardless of any approval, the Contractor is responsible for all Work under the contract, whether self-performed or performed by a Subcontractor, and will be fully responsible to the County for the acts, errors, or omissions of Subcontractors and persons employed by the Subcontractors. Nothing contained in this contract or in any subcontract will create any contractual relationship between any Subcontractor and the County.

5.7 Licenses

All required Contractor licenses must remain current during the term of the contract.

5.8 Compliance with False Claims Act

31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

5.9 Funding Out

The contract will terminate at such time, if any, that the County Council fails to appropriate sufficient sums in the budget year for which the contract applies to pay the amount due.

5.10 Anti-Kickback

5.10.1 It is unlawful to induce by force, intimidation, or threat dismissal from employment, or by any other manner whatsoever to cause or attempt to cause any person employed in the project to give up any part of the compensation to which the person is entitled under his contract of employment.

5.10.2 No official of the County who is authorized to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply

IFB # 2026-07-2278-ND Page 21 7/13/26 contract, or any subcontract in connection with the construction of the project, may become directly or indirectly interested personally in this contract or in any part of it. No officer, employee, architect, attorney, engineer or inspector of or for the County who is authorized to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project, may become directly or indirectly interested personally in this contract, in any material supply contract, in any subcontract, in any insurance contract, or any other contract pertaining to the project.

5.11 Prohibited Contributions

If Contractor has made or makes a contribution to a candidate for elected office within the County or to a campaign committee supporting such a person, within 90 days of award of the contract from this solicitation, the Contractor will be disqualified from entering into a contract with the County and if a contract has been executed, the contract with the County will be deemed void and will be terminated for cause.

5.12 Apprenticeship Program Requirements

Contractor and all subcontractors are required to participate in or maintain apprentice programs registered with the U.S. Department of Labor and compliant with 29 C.F.R. Part 29 and 29 U.S.C. Sec. 50, that each program has active, registered apprentices, and that each program complies with all required federal Department of Labor regulations, including affirmative-action obligations described in 29 C.F.R. Part 30.

5.13 Indemnification

Contractor agrees to indemnify, defend, and hold harmless the County, its elected and appointed officials, employees, and agents from and against all claims, damages, losses, liabilities, and expense, to the fullest extent permitted by law, including attorneys’ fees, for injuries to persons or damage to property occasioned by any acts or omissions of Contractor, its subcontractors, agents, independent contractors or employees, and for any breach of the covenants, representations, certifications, and warranties made by Contractor in connection with this contract. This section regarding indemnification applies to all liability, regardless of any applicable insurance policies. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor.

This section of the contract will survive in perpetuity.

5.14 No Assignment

No portion of this contract or any interest in it or any claim arising under it may be assigned without the prior written approval of the County. Requests for assignment must be directed to the Director of Procurement, in writing, at least thirty days prior to the proposed assignment date. Assignments must require that the assignee will comply with all terms, conditions and provisions of the contract between the Contractor and County.

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5.15 Waivers

5.15.1 Failure of the County to insist on performance of any of the terms or requirements of this contract will not be construed as a waiver of such terms, conditions or requirements, all of which will remain in full force and effect for the duration of this contract.

5.15.2 No action or failure to act by the County, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing.

5.16 Severability

The invalidity of any provision of the Contract Documents will not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision will be revised to the extent required to make it legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract.

5.17 Force Majeure

5.17.1 General

Neither party will be liable for delays, or defaults in the performance of this contract due to Acts of God, abnormal weather, the public enemy, riots, strikes, fires, explosions, accidents, Governmental action of any kind or any other causes of a similar character beyond the party’s control and without its fault or negligence.

5.17.2 Abnormal Weather

A. For purposes of this Force Majeure provision, “abnormal weather” is defined as:

i. Any weather event that has not occurred within the past 10 years in the calendar month in which it occurs at the Project site; or

ii. Any weather event that has a likelihood of occurrence of less than ten percent in a given calendar year, when compared to the weather patterns for the past 40 years.

B. Flash floods and tornadoes are deemed to be “abnormal weather” if they occur at the Project site regardless of whether they meet the standards above.

C. The Contractor bears the burden of proving that “abnormal weather conditions” occurred.

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D. The source of weather data for the comparisons described in this section will be the weather data from the National Weather Service at the National Oceanic and Atmospheric Administration.

5.18 Communications

5.18.1 Except as otherwise provided, where notice is required, the notice must be provided in writing to the designated representative of the party to whom the notice is addressed and it will be deemed to have been duly served if delivered in person, by mail, by courier, or by email.

5.18.2 Paper notices will be deemed to have been given as of the time of their actual receipt. Email notices will be deemed to have been given as of the time and date of the email.

5.18.3 Notices received after 5:00 p.m. will be deemed received on the first business day following delivery.

5.19 Sales Tax on County Projects

5.19.1 The County will furnish a sales tax exemption certificate to contractors for the County. The tax exemption will apply to the prime Contractor, Subcontractors, and suppliers of materials and supplies incorporated or consumed during the construction of the County project.

5.19.2 The Contractor must furnish the tax exemption certificate to all Subcontractors and all entities who must use the exemption certificate for purchasing materials on behalf of the County.

5.19.3 Nothing in this section exempts the purchase of any construction machinery, equipment or tools used in constructing, repairing or remodeling facilities for the County. All invoices for all personal property and materials purchased for this project using the County’s Tax Exception Certificate must be retained by the purchasing Contractor for a period of five years and will be subject to audit by the Missouri Director of Revenue.

5.19.4 Any excess tangible personal property or materials purchased for this Project under the Project Tax Exemption Certificate but not incorporated into or consumed in construction must be returned to the supplier for credit.

Contractor is responsible for the appropriate sales or use tax on the retained property or materials to be paid not later than the due date of the Contractor’s Missouri sales or use tax return following the month in which it was determined that the materials were not to be used in the Project.

5.19.5 Purchase of materials on behalf of the County does not relieve Contractor of obligations to order, schedule deliveries, inspect, accept or reject, store, handle or install materials or perform any other duties required by the Contract Documents or customarily performed in conjunction with providing materials to complete the Work.

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5.19.6 No contractor or material supplier will be required to pay tax on items otherwise exempt solely due to the County’s failure to revise the Tax Exemption Certificate expiration date as necessary. If tax is owed on property and materials due to the County’s failure to revise the certificate expiration date, the County will be liable for the tax owed.

5.19.7 Contractor will not receive any additional compensation for complying with these requirements.

5.20 Americans with Disabilities Act (ADA) Requirements

The County provides access to its digital services and content in compliance with applicable laws and accessibility standards. Accordingly, Contractor shall comply with the requirements outlined herein to meet or exceed the accessibility requirements outlined below.

5.20.1 Accessibility Standards and Legal Requirements – All information and communication technology provided to the County, including but not limited to websites, software, mobile applications, digital documents, and multimedia content, must comply with the Web Content Accessibility Guidelines Version (WCAG) 2.1 Level A, AA of Title II of the Americans with Disabilities Act (ADA Title II 42 U.S.C. § 12134); (“WCAG 2.1”).

5.20.2 Deadline for Accessibility Compliance – August 1, 2026.