Masonry Repair-Spirit of St. Louis Airport.pdf

INVITATION FOR BIDS # 2026-08-2300-LP

Masonry Repair-Spirit of St. Louis Airport

The County is soliciƟng bids for masonry repair needed for the south, east, and north exterior walls of Spirit of St. Louis Airport office building at 18401 Edison Avenue (referred to as the “Edison Complex”) in Chesterfield, MO.

SCHEDULE

EXPECTED NUMBER OF CONTRACTS 1

PRE-BID MEETING DATE AND TIME 09/01/2026 at 2:00 p.m. Prevailing Central Time

IS PRE-BID MEETING MANDATORY? No

PRE-BID LOCATION Spirit of St. Louis Airport 2026 Edison, Chesterfield, MO

DEADLINE FOR QUESTIONS & COMMENTS 09/10/2026 p.m. Prevailing Central Time

BID DUE DATE AND TIME 09/17/2026 at 2:00 p.m. Prevailing Central Time

CONTRACT

MAGNITUDE OF PROJECT

Between $25,000 and $100,000.

DURATION OF PROJECT 60 days from the Notice to Proceed

REQUIRED BONDS Performance and Payment Bonds, each for 100% of bid amount.

TYPE OF PRICING Firm Fixed Price

DESIGNATED POINT OF CONTACT

LINDA PORTELL lportell@stlouiscountymo.gov

Direct all communicaƟon from a bidder or a bidder’s representaƟve relaƟng to this solicitaƟon to the designated Point of Contact above. Submit bids via the County’s online portal. Paper, faxed, emailed, or hand-wriƩen 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 hƩps://www.stlouiscoplans.com/ at Cross Rhodes.com.

Bid openings are virtual and can be seen here:

Click here to Join MeeƟng 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#*

TABLE OF CONTENTS

SECTION 1 - INSTRUCTIONS TO BIDDERS

1.1 Time

1.2 QuesƟons and Comments

1.3 Request for SubsƟtuƟons of Equipment, Materials, ArƟcles, or Processes

1.4 Revisions to the SolicitaƟon

1.5 CommunicaƟon

1.6 Pre-Bid Conference and Site Visits

1.7 Prohibited Prior Work

1.8 Submission and Opening of Bids

1.9 No Commitment

1.10 Sales Taxes

1.11 Bid Pricing

1.12 Allowances

1.13 Amendments

1.14 ModificaƟon or Withdrawal of Bids

1.15 Mistakes in Bids

1.16 Electronic Signature

1.17 ApprenƟceship Programs

1.18 Missouri Prevailing Wage Law

1.19 Bid Validity Period

1.20 Acceptance and Award

1.21 DeterminaƟon of Responsiveness

1.22 DeterminaƟon of Responsibility

1.23 Forms Required

1.24 Post Award Requirements

SECTION 2 - PROTESTS

2.1 Protest Eligibility

2.2 Protest Deadlines

2.3 Protest Contents

SECTION 3 - BIDDERS REPRESENTATIONS AND CERTIFICATIONS

SECTION 4 - GENERAL TERMS AND CONDITIONS

4.1 Conflicts of Interest

4.2 EsƟmated QuanƟƟes

4.3 ConƟngent Fee

4.4 Non-DiscriminaƟon in Employment

4.5 No Agency

4.6 No Assignment

4.7 Independent Contractor

4.8 Subcontracts

4.9 Licenses

4.10 Compliance with False Claims Act

4.11 Notices

4.12 Ownership of Deliverables

4.13 Insurance Requirements

4.14 IndemnificaƟon

4.15 Records and Audits

4.16 ADA Requirements

4.17 Data Privacy and Security Requirements. .................................. Error! Bookmark not defined.

4.18 Data Privacy and Security Requirements

4.19 Deliveries

4.20 Warranty

4.21 Acceptance and Approval

4.22 Release Void

4.23 Bonds

4.24 Invoices; ReporƟng and DocumentaƟon

4.25 Payment

4.26 TerminaƟon

4.27 Liquidated Damages

4.28 Change Orders

4.29 Disentanglement

4.30 Applicable Laws

4.31 No Waiver

4.32 Force Majeure

4.33 Order of Precedence:

4.34 Governing Law

SECTION 5 - SCOPE OF WORK

5.1 Overview

5.2 Tasks and responsibiliƟes of contractor

5.3 Commencement of Work

5.4 Performance of Work

5.5 Safety and Cleanliness

SECTION 6 - MINIMUM QUALIFICATIONS

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SECTION 1 - INSTRUCTIONS TO BIDDERS

1.1 Time

Time, when stated in days, includes Saturdays, Sundays, and holidays unless otherwise specified. All Ɵmes referenced are Prevailing Central Time unless otherwise noted.

1.2 Ques ons and Comments

1.2.1 Submit all quesƟons, comments, excepƟons, and suggesƟons to the Designated Point of Contact by the Deadline for QuesƟons and Comments. QuesƟons and comments received aŌer the deadline may not be acknowledged.

1.2.2 If taking excepƟons to any porƟon of this solicitaƟon, submit the excepƟons in wriƟng to the Designated Point of Contact by the Deadline for QuesƟons and Comments. IdenƟfy specific secƟons and paragraph numbers to which excepƟons are taken. If requesƟng changes to language, idenƟfy specific words or phrases to be changed and provide new requested language. If the County agrees to the changes, the solicitaƟon will be revised and an amendment will be posted.

1.2.3 Failure to take excepƟons prior to the deadline stated or as directed will be deemed a waiver of any objecƟon. Bids that are condiƟonal or include excepƟons may be considered non-responsive and will be rejected.

1.2.4 Requests for complete replacement of the County’s Standard Agreement terms will not be granted.

1.3 Request for Subs tu ons of Equipment, Materials, Ar cles, or Processes

1.3.1 Unless otherwise specifically provided in the solicitaƟon, reference to any equipment, material, arƟcle or processes, by trade name, make or catalog number, is to be regarded as establishing a standard of quality and not construed as limiƟng compeƟƟon.

1.3.2 Requests for subsƟtuƟons of specified items must be received by the County, in wriƟng, by the Deadline for QuesƟons or Comments. With the request, include, at no cost to the County, all necessary and related informaƟon, samples, and data required for the County, in its sole judgement, to make a determinaƟon as to the comparaƟve quality and suitability of any alternaƟves. If a subsƟtuƟon is allowed, the County will issue an amendment to the solicitaƟon. The County’s decision will be final.

1.4 Revisions to the Solicita on

The County may cancel, revise, or reissue this solicitaƟon, in whole or in part, for any reason. Revisions will be posted as an amendment on the Vendor Self Service (VSS) site.

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No other revision of this solicitaƟon will be valid. Bidders are responsible for ensuring that they have received all amendments prior to submiƫng bids.

1.5 Communica on

1.5.1 County solicitaƟons, once published, are under a "Cone of Silence”. ViolaƟon by a bidder or bidder’s representaƟve may result in rejecƟon of the bid and may result in a bidder being found non-responsible, barred from parƟcipaƟng in this or future procurements, and becoming subject to other legal penalƟes.

1.5.2 Other than the Designated Point of Contact, no bidder or person acƟng on behalf of a prospecƟve bidder may communicate with or discuss any maƩer relaƟng to the solicitaƟon with any officer, agent, or employee of the County except the specific types of communicaƟon defined in SecƟon 107.401 SLCRO.

1.6 Pre-Bid Conference and Site Visits

1.6.1 If a pre-bid conference is scheduled and accommodaƟons under the Americans DisabiliƟes Act (ADA) are required, prospecƟve bidders must submit a request for such accommodaƟons to the Designated Point of Contact in advance.

1.6.2 Answers to quesƟons raised prior to and at the pre-bid conference will be posted as an amendment on the Vendor Self Service site.

1.6.3 If the pre-bid meeƟng is mandatory, bidders who did not aƩend the pre-bid meeƟng will be disqualified.

1.6.4 If a site visit is possible, visit the work site to review exisƟng condiƟons, and in the bid include the cost of all items to be included in the contract. No plea of ignorance concerning observable exisƟng condiƟons or difficulƟes will be accepted as an excuse for any failure to fulfill the requirements of the contract, nor accepted as a basis for any claims for extra compensaƟon. The County assumes no responsibility for any conclusions or interpretaƟons made by bidders on the basis of the informaƟon made available by the County or observable condiƟons. This will not prevent adjustments for unforeseen circumstances not within the contemplaƟon of the County and the bidder at the Ɵme of contract execuƟon.

1.7 Prohibited Prior Work

1.7.1 No person or enƟty may submit a bid in response to this solicitaƟon if that person or enƟty has:

A. Assisted the County in draŌing specificaƟons or requirements for this procurement, or

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B. Had access and exposure to informaƟon perƟnent to this procurement that is unavailable to other bidders.

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

1.7.3 The prohibiƟon does not apply to general, non-specific advice or informaƟon offered to or requested by the County to aid in developing the solicitaƟon, or to comments made subsequent to publicaƟon of the solicitaƟon.

1.8 Submission and Opening of Bids

1.8.1 Allow Ɵme for all documents to be uploaded. Failure to complete and upload may result in rejecƟon of a bid.

1.8.2 The Director of Procurement may accept or reject any bids and may waive any irregulariƟes in the bids if the waiver does not substanƟally change the offer or provide a compeƟƟve advantage to any bidder.

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

1.8.4 Bids must be signed by a legally authorized representaƟve of the submiƫng firm.

1.8.5 All bids and materials submiƩed with bids become the property of the County.

The County is subject to the Missouri Sunshine Law (RSMO Chapter 610). Bid contents, with select excepƟons, become public records open to inspecƟon by interested parƟes aŌer a contract is executed or all bids are rejected.

1.8.6 Failure to comply with the requirements of this IFB or evidence of unfair bid pracƟces is cause for rejecƟon of the bid.

1.9 No Commitment

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

1.10 Sales Taxes

The County is exempt from Missouri sales and use tax and will provide an exempƟon cerƟficate to the awarded bidder. Do not include sales tax in bid prices. The tax exempƟon will apply to a prime contractor, subcontractors, and suppliers for materials

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and supplies incorporated or consumed during a construcƟon project. Compliance with these tax savings procedures is compulsory.

1.11 Bid Pricing

Submit prices for idenƟfied items using the Vendor Self Service Portal. If A Bid Form is included in this IFB, a copy of the Bid Form may be submiƩed with bids, but the official bid prices will be those entered in the Vendor Self Service portal.

1.12 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, installaƟon, labor, insurance, payroll, taxes, bonding, equipment rental, and other expenses must be included in any wriƩen 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.

1.12.1 Requirements

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

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

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 wriƩen County agreement for the Work originally intended. The Contractor cannot use funds from one allowance for another purpose on Project.

1.12.2 Allowance(s) in this Contract

A. 10% of bid price for Unknown CondiƟons Allowance i This Allowance is for unknown condiƟons or unforeseen circumstances

1.13 Amendments

Changes to the specificaƟons or requirements will be posted on the Vendor Self Service site as an amendment. Bidders are responsible for compliance with all changes, modificaƟons, or requirements put out through amendment. The County will not be responsible for failure to check the VSS prior to submission of a bid.

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1.14 Modifica on or Withdrawal of Bids

1.14.1 Bids may be withdrawn or replaced at any Ɵme without penalty and may be resubmiƩed prior to the Due Date and Time. Revisions and modificaƟons to bids may be made by withdrawing the bid and submiƫng a new bid. To avoid confusion, noƟfy the Designated Point of Contact of the replacement.

1.14.2 AŌer the Due Date and Time, bids may not be modified unless clarificaƟon is requested by the County.

1.15 Mistakes in Bids

1.15.1 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.

1.15.2 Bidders have two business days aŌer the unofficial bid tabulaƟon is posted on the County’s website to noƟfy the Director of Procurement, in wriƟng, of any alleged mistakes in bids. The communicaƟon must include convincing evidence that supports the existence of the mistake.

1.15.3 If the basis of award is “all or nothing”, then the enƟre 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 enƟre group will not be considered for award.

1.16 Electronic Signature

By submiƫng a bid or quote electronically, the bidder acknowledges and warrants that it has made a legal offer, is bound by all responsibiliƟes of a legal offer, is subject to penalƟes for failing to be bound by a legal offer exactly as if the bid or quote had been physically signed and that the person whose signature is electronically affixed is authorized to sign and submit the bid or quote.

1.17 Appren ceship Programs

For construcƟon projects of $75,000 or more the successful Contractor (and its subcontractors performing work on the project) shall parƟcipate in, or maintain affiliaƟon with, a United States Department of Labor (USDOL) registered apprenƟceship program(s) that complies with all applicable federal regulaƟons including 29 CFR Part 29.

The Contractor shall provide evidence of such parƟcipaƟon or affiliaƟon prior to the issuance of a noƟce to proceed, or as otherwise directed by the County. Failure to demonstrate compliance may result in the Contractor being required to submit a

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correcƟve acƟon plan acceptable to the County, or may represent a material breach of the contract.

1.18 Missouri Prevailing Wage Law

This secƟon only applies for projects that are $75,000 or greater (aggregate total).

The Contractor and subcontractors on this project are required to pay the appropriate state prevailing hourly wage rate for any craŌ or type of worker required to perform the work. (107.580 SCLRO)

1.18.1 Wage Rate Compliance

Wage Rate Compliance Checks will be performed on acƟve projects when applicable. Compliance consists of two major items: reviewing cerƟfied payroll reports and wage rate interviews. (107.625 SCLRO)

1.18.2 LCPtracker

A. The County’s prevailing wage program uƟlizes LCPtracker, a paperless, online system for entering CerƟfied Payroll Reports. LCPtracker’s cloud-based system allows the Contractor to submit CerƟfied Payroll Reports and related labor compliance documentaƟon online, allowing them to be completely paper-free. (107.645 SCLRO)

B. LCPtracker allows for contractor errors to be drasƟcally reduced while ensuring that all necessary data is provided. PotenƟal misclassificaƟons or pay violaƟons may be flagged to the contractor preempƟvely, allowing the contractor the opportunity to review the submiƩal for proper compliance prior to final submiƩal. Each Contractor is responsible for the compliance of all its Subcontractors.

C. If unfamiliar with LCPtracker, then it is advised that the Contractor begin by taking the appropriate On-Demand video training courses.

1.18.3 Wages to be Posted

A legible list of all prevailing wage rates, and how to report alleged violaƟons, must remain posted in a prominent and easily accessible place at the worksite by the Contractor on the project. The noƟce is required to be posted the enƟre Ɵme that any worker is employed on the job. (107.645 SCLRO)

1.18.4 Affidavits of Compliance

A. A completed Affidavit of Compliance with 107.130 is required from all bidders at the Ɵme of bid submission.

B. At the compleƟon of the project, a completed Affidavit of Compliance with Prevailing Wage (form PW4) staƟng that the Contractor and each of

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its Subcontractors has fully complied with the provisions and requirements of the Missouri Prevailing Wage Law, is required from all contractors and subcontractors before the County makes final payment.

(107.645 SCLRO).

1.18.5 Applicable for contracts that exceed $250,000.

Each Contractor and Subcontractor will have its name, and acceptable abbreviaƟon or recognizable logo, and the name of the city and state of the Contractor’s or Subcontractor’s principal mailing address on each motor vehicle and motorized self-propelled piece of equipment. (107.615 SCLRO).

1.19 Bid Validity Period

Once bids are open, a bid is considered a valid offer that may not be withdrawn for 120 calendar days. If the bid is accepted within 120 calendar days from the date of bid opening, the bidder agrees to undertake the Work for the prices quoted and within the Ɵme specified in the InvitaƟon for Bids or as may otherwise be agreed.

1.20 Acceptance and Award

1.20.1 Award, if made, will be to the responsive, responsible bidder offering the lowest price or prices.

1.20.2 AŌer receipt and review of bids, an unofficial tabulaƟon will be posted on the County website. PosƟng of the tabulaƟon does not consƟtute an award. The County will issue a Purchase Order or contract to the successful bidder.

1.21 Determina on of Responsiveness

1.21.1 Each bid will be reviewed for compliance with the instrucƟons in this solicitaƟon.

The County may waive minor informaliƟes or irregulariƟes that do not alter the material terms of the bid or prejudice the compeƟƟve process.

1.21.2 Failure to conform to any revisions in instrucƟons or specificaƟons may render a bid non-responsive.

1.21.3 If a bid is found non-responsive, the County will noƟfy the bidder, and the bid will receive no further consideraƟon.

1.22 Determina on of Responsibility

Prior to awarding a contract, the County will make a determinaƟon of a bidder's responsibility based on informaƟon submiƩed with the bid, informaƟon submiƩed upon County request, informaƟon resulƟng from the County’s inquiry of bidder's references and invesƟgaƟons into the bidder’s background, and the County’s own knowledge of the

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bidder. The County may consider maƩers 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 Ɵmelines set by the County will not be considered further.

1.23 Forms Required

1.23.1 Forms required at Ɵme of bid submiƩal for all bids:

A. Bid Form (AƩached)

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

1.23.2 Forms Requested at Ɵme of bid submiƩal

The following documents are requested to be submiƩed with the bid. However, the County may, at its sole discreƟon, allow a bidder to submit or correct these documents aŌer bid opening, within a Ɵmeframe specified by the County. Failure to submit these items at bid opening will not automaƟcally render the bid non-responsive unless the bidder fails to cure when requested.

A. Vendor InformaƟon Form (AƩached)

B. Vendor Background InformaƟon and References Form (AƩached)

C. Copy of Missouri Secretary of State RegistraƟon showing good standing

1.24 Post Award Requirements

1.24.1 Forms

A. Insurance cerƟficates if not already provided

B. Bonds and Bond LeƩers

Prior to contract execuƟon, leƩers from a bonding company staƟng that it will bond the project for the amount of the bid will be required of the Contractor. Bonds will be required aŌer the contract is fully executed. The purchase order may not be released unƟl all applicable bonds are received.

1.24.2 Disclosures

If applicable or if requested by the County prior to commencing work, the selected bidder must:

A. Disclose all pending liƟgaƟon and tax liens.

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B. Disclose all criminal charges where the company and/or officers, and/or owners of over 10% of the company are defendants regarding the charges.

C. Provide financial statements for the past three fiscal years, if requested by the County.

D. Provide samples, drawings, illustraƟons, and related items.

1.24.3 E-Verify

Bidders who receive awards for services in excess of $5,000.00 must comply with §285.530(2) R.S.Mo. Information on the E-Verify program can be found at www.e-verify.gov Acceptable documents to show enrollment and participation consist of the following two pages of the E-Verify Memorandum of Understanding (MOU):

Valid, completed copy of the first page identifying the employer

Valid, completed copy of the signature page signed by the employer and the Department of Homeland Security – Verification Division

1.24.4 VerificaƟon of compliance with the ConstrucƟon Safety Training Act, SecƟon

292.675 RSMo.

SECTION 2 - PROTESTS

Protests that do not comply with the protest procedures outlined below will be rejected.

2.1 Protest Eligibility

2.1.1 Protests or objecƟons may be filed regarding the procurement process, solicitaƟon or amendment content, or intent to award.

2.1.2 The County will review only protests submiƩed by actual or prospecƟve bidders.

Protests by others will be rejected.

2.2 Protest Deadlines

2.2.1 Protests must be filed, with all supporƟng materials, by 5:00 p.m. on the deadlines below. Failure to meet the deadline consƟtutes a waiver of the protest.

Supplemental materials submiƩed aŌer the deadline will not be considered unless the County determines that extenuaƟng circumstances exist.

2.2.2 For protests relaƟng to the content of the solicitaƟon or any amendment, file within five business days aŌer the County releases the solicitaƟon or amendment.

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2.2.3 For protests relaƟng to determinaƟons of non-responsiveness or non-responsibility, file within five business days aŌer the County issues such noƟce.

2.2.4 For protests relaƟng to the NoƟce of Intent to Award, file within five business days aŌer the County issues the NoƟce of Intent to Award.

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

2.3 Protest Contents

Submit protests in wriƟng to the Director of Procurement. Include all of the following in the leƩer of protest:

2.3.1 Submit protests in wriƟng to the Director of Procurement, via the Designated Point of Contact.

2.3.2 Detailed grounds for the protest, supported by relevant documents, evidence, or other perƟnent informaƟon; and

2.3.3 The specific law, rule, regulaƟon, or policy allegedly violated; and

2.3.4 IdenƟficaƟon of proprietary and confidenƟal material, indicated by staƟng on the front page of the protest document that proprietary material is included (if applicable); and idenƟfying the alleged proprietary informaƟon wherever it appears within the protest documents.

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

SECTION 3 - BIDDERS REPRESENTATIONS AND CERTIFICATIONS

By submiƫng a bid, the bidder cerƟfies that it:

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

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 final contract or any modifications to it;

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

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Has arrived at the bid prices independently, and has made no attempt to induce any other person or firm to submit or not to submit or to adjust a bid or proposal for the purpose of restricting 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.

Is current with all County taxes, if applicable;

Has all required licenses and has verified that all subcontractors, regardless of tier, have all licenses that may be required for their portions of the work;

Possesses the tools and equipment necessary to safely perform the work;

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 (“prohibited contribution”); 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 regulaƟons governing the conduct of business in St. Louis County and the State of Missouri;

Is not debarred, suspended, or otherwise excluded from, or ineligible for parƟcipaƟon in, federal, state, or County programs or acƟviƟes.

SECTION 4 - GENERAL TERMS AND CONDITIONS

The following terms and condiƟons will apply to any contract resulƟng from this solicitation.

4.1 Conflicts of Interest

4.1.1 Contractors and subcontractors are eligible for contracts with the County only if, at the Ɵme a solicitaƟon is released, are not, and will not, during the performance of the required services, parƟcipate in any other similar work

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involving a third-party with interests in conflict or likely to be in conflict with the County’s interests.

4.1.2 No individual or enƟty or an agent of an individual or enƟty currently doing business with or planning to seek contract awards from the County may offer giŌs to County officers, employees, or agents. County officers, employees, and their agents may not solicit or accept giŌs, gratuiƟes, favors, or anything of monetary value from any individual or enƟty with a current or potenƟal agreement of any kind with the County, or parƟes to sub-agreements. This includes all giŌs, gratuiƟes, favors, entertainment, loans, and such items as liquor, lodging, travel, food, and Ɵckets to public funcƟons such as sports events, theaters, etc. Any party offering giŌs in contravenƟon 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 acƟon.

4.1.3 Contractors may not employ as a director, officer, employee, agent, or sub-contractor any elected or appointed official of the County or any member of his/her immediate family nor may an offer of future employment be condiƟoned on the favorable treatment of an offer or the award of a contract or contract change.

4.1.4 Throughout the duraƟon of the contract, the contractor agrees to disclose any pending or acƟve invesƟgaƟons or liƟgaƟon that may affect the ability of the contractor to carry out the project.

4.2 Es mated Quan es

If the solicitaƟon results in an indefinite quanƟty or requirements contract, the actual amount of goods and services requested by the County may be less than the maximum value of the contract and there is no guarantee, either expressed or implied, as to the actual quanƟty of goods and services that will be authorized under the contract.

4.3 Con ngent 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 conƟngent fee in any form to any person excepƟng bona fide employees of bidder or bona fide established commercial or sales agencies. For breach of this warranty, County may terminate the contract and will be enƟtled to pursue the same remedies against the contractor as it could pursue in the event of a material breach of this contract. As a penalty in addiƟon to any other damages to which it may be enƟtled to by law, the County may recover exemplary damages in an amount to be determined by the County. The County’s rights and remedies under this paragraph are not exclusive and are in addiƟon to any other rights or remedies provided by law.

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4.4 Non-Discrimina on in Employment

Contractor may not discriminate against any employee or applicant for employment because of actual or perceived race, creed, color, gender, sex, sexual orientaƟon, gender, gender idenƟty, gender expression, poliƟcal affiliaƟon, religion, naƟonal, 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 orientaƟon, gender, gender idenƟty, gender expression, poliƟcal affiliaƟon, religion, naƟonal, ethnic, or cultural origin, age, marital status, or disability. Such acƟon includes employment upgrading, demoƟon or transfer, rates of pay or other forms of compensaƟon, and selecƟon for training including apprenƟceship. Contractor shall not discriminate against any employee or applicant for employment because of hairstyle, protecƟve hair, or natural or cultural hair texture or style, unless based upon demonstrable workplace safety concerns directly related to duƟes and responsibiliƟes of the employment posiƟon. 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.

4.5 No Agency

Except as the County may specify in wriƟng, the contractor has no authority, express or implied, to act on behalf of the County in any capacity whatsoever, as an agent or otherwise, or to bind the County or its members, agents, or employees to any obligaƟon whatsoever, unless expressly provided in this contract.

4.6 No Assignment

No porƟon of this contract or any rights or interest in it, nor any claim arising under it, may be assigned by the contractor without the County’s prior wriƩen approval. Requests for assignment must be directed to the Director of Procurement. Requests must be in wriƟng and received by the Director at least thirty days prior to the proposed date of assignment. All assignments must require that the assignee will comply with all terms, condiƟons and provisions of the contract between the contractor and County. Claims for money due to contractor from the County under this contract may be assigned to a bank, trust company, or other financial insƟtuƟon without prior County approval but will not be honored unƟl such assignment or transfer is furnished to the County in wriƟng.

4.7 Independent Contractor

The relaƟonship of the contractor to the County will be that of independent contractor and no principal agent or employer-employee relaƟonship will be created by the contract. Contractor retains full control of all hiring, compensaƟon, and discharge of its employees and is fully responsible for all maƩers relaƟng to payment of its employees, including compliance with Social Security, withholding tax, and all other laws and regulaƟons governing such maƩers.

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4.8 Subcontracts

Subcontractors may not perform work under this contract without prior wriƩen County approval. Regardless of any such approval, the contractor is responsible for all performance, whether self-performed or performed by a subcontractor, and is fully responsible for the acts, errors, or omissions of a subcontractor and persons employed by a subcontractor. Nothing in this contract or in any subcontract will create any contractual relaƟonship between any subcontractor and the County.

The Contractor shall ensure that every subcontractor, subconsultant, and supplier performing work or providing goods or services under this Contract is bound in wriƟng to comply with all obligaƟons, representaƟons, cerƟficaƟons, standards, and requirements applicable to the Contractor under this Contract, to the extent such obligaƟons relate to the work performed by the subcontractor. These include, but are not limited to:

data privacy and security requirements;

ADA and WCAG 2.1 accessibility requirements;

insurance requirements applicable to subcontractors;

conflict-of-interest, debarment, and suspension requirements;

confidentiality and non-disclosure obligations; and any federal, state, or local statutory or regulatory requirements incorporated into this Contract.

The Contractor shall be fully responsible for ensuring subcontractor compliance and shall be liable for all acts, omissions, or non-performance of any subcontractor or supplier as if they were the acts or omissions of the Contractor. Upon request, the Contractor shall provide the County with copies of executed subcontract agreements or relevant flow-down provisions demonstraƟng compliance with this SecƟon.

The County reserves the right to require the removal or replacement of any subcontractor or supplier that fails to comply with these flow-down requirements or that the County determines, in its sole discreƟon, poses a performance, legal, safety, or security risk.

4.9 Licenses

All required and applicable licenses of contractor must remain current during the term of the contract.

4.10 Compliance with False Claims Act

Contractor acknowledges that 31 U.S.C. Chap. 38 (AdministraƟve Remedies for False Claims and Statements) applies to the contractor’s acƟons pertaining to this contract.

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4.11 Notices

NoƟce will be deemed received when sent via email, or if a physical copy, when received by the addressee or in the office of the addressee, when personally delivered, or when the delivery is refused, as shown on the receipt by the party making the delivery. NoƟces received aŌer 5:00 p.m. will be deemed received on the first business day following delivery.

4.12 Ownership of Deliverables

Any work product prepared or developed for the County pursuant to this contract, including all calculaƟons, notes, photos, recordings, samples, esƟmates, and field notes, and all property rights to such work products, including intellectual property rights such as copyrights or patents that arise from creaƟon of deliverables or other work products required by this contract to be developed specifically for the County, will be the property of the County and contractor relinquishes all claims to such property. AlternaƟvely, the County will receive a non-exclusive, permanent, cost-free license to the work products.

4.13 Insurance Requirements

The following insurance coverage must be maintained for the duraƟon of the contract unƟl the compleƟon of such services hereunder. The County must be listed as a cerƟficate holder and named as an addiƟonal insured on all policies except for Workers CompensaƟon and Professional Liability (Errors and Omissions) policies. CancellaƟon provisions within any coverage shall be in accordance with Missouri CancellaƟon and Nonrenewal provisions. Contractor shall noƟfy the County at least sixty days in advance of any material change, cancellaƟon, or non-renewal. Failure to maintain insurance will be considered a material breach.

4.13.1 Commercial General Liability (CGL) Insurance

Commercial General Liability Insurance (“CGL”) and, if necessary, commercial general umbrella insurance with a limit of no less than $3,000,000 per occurrence.

The contractor shall provide the County with a cerƟficate of insurance and addiƟonal insured endorsement on the combinaƟon of ISO forms CG 20 10 10 01 and CG 20 37 10 01 (or subsƟtute forms providing equivalent coverage) naming the County as AddiƟonal Insured thereunder. The CGL policy must provide primary and non-contributory coverage that is equivalent to the terms of ISO Form CG 20 01 12 19, Primary and Noncontributory. The policy shall provide bodily injury (including death), property damage, premises operaƟons, independent contractors, products and completed operaƟons, personal and adverƟsing injury, and liability as a result of the contractor’s negligence involving any equipment or service provided under the terms and condiƟons, requirements and specificaƟons under the contract. If any excepƟons or exclusions have been made to the standard CGL Policy, the excepƟons and exclusions must be specifically listed and idenƟfied in the DescripƟons of

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OperaƟons secƟon of the CerƟficate of Insurance and must be submiƩed to the County for approval.

4.13.2 Business Automobile Liability

Standard ISO version Business Automobile Liability coverage form, or its equivalent, providing coverage for all owned, non-owned, and hired automobiles with a limit of no less than $1,000,000 per accident for bodily injury and property damage claims that may arise as a result of operaƟons under this contract. The County will be listed as a cerƟficate holder.

4.13.3 Workers’ CompensaƟon:

Workers’ CompensaƟon Insurance with statutory limits and Employer Liability Insurance with a limit of no less than $500,000 for the duraƟon of the contract, as required by law. If the contractor is not required to maintain Workers’ CompensaƟon Insurance and elects not to maintain Workers’ CompensaƟon Insurance, the contractor must provide a minimum of $2,000,000 per occurrence limit for Commercial General Liability.

4.13.4 CancellaƟon

CancellaƟon provisions within any coverage shall be in accordance with Missouri CancellaƟon and Nonrenewal provisions. The contractor must noƟfy the County at least sixty days in advance of any material change, cancellaƟon, or non-renewal. Failure to maintain insurance will be considered a material breach.

4.13.5 CerƟficate of Insurance (COI):

St. Louis County shall be endorsed under the policy as an addiƟonal insured.

Nothing in this endorsement shall serve to operate as a waiver of St. Louis County’s Sovereign Immunity or broaden the liability of St. Louis County beyond the provisions of SecƟons 537.600 to 537.610 of the Revised Statutes of Missouri. To extent court holds otherwise, vendor will indemnify and hold harmless the County its elected and appointed officials, employees, agents, and volunteers from and against all claims, damages, losses, liabiliƟes, and expense, to the fullest extent permiƩed by law, including aƩorneys’ 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, representaƟons, cerƟficaƟons, and warranƟes made by contractor in connecƟon with this contract. This secƟon regarding indemnificaƟon applies to all liability, regardless of any applicable insurance policies. The policy limits do not act as a limitaƟon upon the amount of indemnificaƟon to be provided by the contractor. This secƟon of the contract will survive in perpetuity.

The CerƟficate Holder address shall read:

St. Louis County

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AƩn: Procurement 41 South Central Avenue, 8th Floor Clayton, Missouri 63105

4.14 Indemnifica on

The Contractor agrees to indemnify, defend, and hold harmless the County, its elected and appointed officials, employees, agents, and volunteers from and against all claims, damages, losses, liabiliƟes, and expense, to the fullest extent permiƩed by law, including aƩorneys’ 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, representaƟons, cerƟficaƟons, and warranƟes made by Contractor in connecƟon with this contract. This secƟon regarding indemnificaƟon applies to all liability, regardless of any applicable insurance policies. The policy limits do not act as a limitaƟon upon the amount of indemnificaƟon to be provided by Contractor. This secƟon of the contract will survive in perpetuity.

4.15 Records and Audits

4.15.1 Contractor will generate and maintain, in accordance with appropriate accounƟng pracƟces and procedures, book, records, ledgers, receipts, accounts, back-up documents, and all other informaƟon related to performance under the contract, including personnel and property records, adequate to idenƟfy and account for all costs pertaining to the Contract, and to make all such records available for inspecƟon by the County or any other authorized government enƟty upon the County’s request.

4.15.2 Contractor will maintain all such records on a generally accepted accounƟng basis for three years aŌer final payment by County has been made and all acƟons pertaining to the contract have been seƩled and completed. Contractor will be responsible for all costs incurred by the County or any government agency in obtaining the requested informaƟon if records are not kept and available as required.

4.16 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.

4.16.1 Accessibility Standards and Legal Requirements – All informaƟon and communicaƟon technology provided to the County, including but not limited to websites, soŌware, mobile applicaƟons, digital documents, and mulƟmedia content, must comply with the Web Content Accessibility Guidelines Version 2.1

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Level A, AA of Title II of the Americans with DisabiliƟes Act (ADA Title II 42 U.S.C.

§ 12134); (“WCAG 2.1”).

4.16.2 Deadline for Accessibility Compliance – August 1, 2026. The Contractor acknowledges that full compliance with WCAG 2.1 by this date is a material requirement of the Contract. Failure to meet this requirement may result in enforcement of the remedies provided in this Exhibit and under the Contract.

4.16.3 Accessibility DocumentaƟon Requirements – By submiƫng a bid or proposal under this solicitaƟon, Contractor cerƟfies that all informaƟon and communicaƟon technology delivered under the Contract will conform to WCAG

2.1 Levels A and AA by the required compliance date. Upon request by the County, the Contractor shall provide supporƟng accessibility documentaƟon, such as a Voluntary Product Accessibility Template (VPAT) or other comparable evidence of conformance. The County may request addiƟonal documentaƟon as needed to verify compliance.

4.16.4 TesƟng and ValidaƟon - Contractor agrees to perform annual accessibility audits, including automated and manual tesƟng, to ensure conƟnuous compliance with WCAG 2.1, and provide documentaƟon to the County upon request.

4.16.5 Ongoing Compliance and Maintenance – The Contractor agrees to maintain accessibility compliance for the duraƟon of the Contract and any renewals. The Contractor also agrees to respond to reported accessibility issues within ten (10) business days with a proposed Ɵmeline for resoluƟon. The Contractor shall provide a point of contact for reporƟng and resolving accessibility issues.

4.16.6 Non-Compliance Remedies – The Contractor’s failure to meet accessibility obligaƟons by the compliance deadline of April 24, 2026, or failure to maintain ongoing compliance, may result in withholding of payment unƟl deficiencies are corrected, the rejecƟon of deliverables, terminaƟon of the Contract for cause, and/or other remedies available to the County under applicable law.

4.17 Data Privacy and Security Requirements.

4.17.1 If contractor or any employees or agents of the contractor have access to proprietary and confidenƟal materials regulated by federal, state, or local laws and regulaƟons, contractor is responsible for safeguarding any such materials from any disclosure by establishing and maintaining data privacy and security measures and requirements for all informaƟon, data, documents, and materials that contractor receives, generates, collects, and maintains in performing the services required. The contractor will be fully liable and agrees to indemnify and defend the County against any acƟon resulƟng from any disclosure of any confidenƟal or personally idenƟfiable informaƟon related to any individual, or confidenƟal informaƟon related to the County, if such disclosure is caused by contractor’s employees, agents, or subcontractors. The County reserves the right

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to examine all laptops, flash drives, and other media on persons entering or leaving County property.

4.17.2 Depending on the work undertaken, the County may require certain contractor staff to be fingerprinted, pass security requirements, and undergo criminal background checks as specified by the County, and may, at its sole discreƟon, deny access to any individual. If the work requires access to County faciliƟes, documents, or materials unavailable to the general public, the County may require execuƟon of a non-disclosure or similar agreement prior to providing access to such areas or materials. The contractor will be required to collect, store, and maintain such signed agreements for all staff.

4.17.3 Contractor may not use for financial gain, disclose, or make other improper use of confidenƟal or otherwise privileged informaƟon that is acquired in connecƟon with this contract. This includes personally idenƟfiable informaƟon, knowledge of selecƟons of contractors or subcontractors in advance of official announcement by the County, and all other informaƟon that is not normally made publicly available or that has not yet been made publicly available by the County.

4.18 Deliveries

The contractor is responsible for the delivery and safekeeping of supplies, materials, and equipment to a job site, and they are to be stored only in the areas designated by the County.

4.19 Warranty

4.19.1 Unless otherwise agreed to in wriƟng by the parƟes, Contractor warrants that items ordered to specificaƟons will conform to the specificaƟons and to any drawings, sample or other descripƟon furnished or adopted by County or, if not ordered to specificaƟons will be fit and sufficient for the purpose intended.

Contractor further warrants that all items will be new, merchantable, of good material and workmanship and free from defect.

4.19.2 Such warranƟes, together with Contractor’s service warranƟes and guarantee, if any, shall survive inspecƟon, test, acceptance of and payment for the items and shall run to the County, its successors, assigns and ciƟzens.

4.19.3 Except for latent defects, noƟce of any defect or nonconformity must be given by the County to the Contractor one year aŌer acceptance. County may, at its opƟon, return for credit or require prompt correcƟon of replacement of the defecƟve or nonconforming items or have the defecƟve items corrected or replaced at the Contractor’s expense. Return to Contractor of any defecƟve or nonconforming arƟcles and delivery to County of any corrected or replaced items shall be at Contractor’s expense.

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4.19.4 DefecƟve or nonconforming items must be corrected or replaced unless otherwise specified on County’s wriƩen order. Items required or replaced are subject to the County acceptance and approval in the same manner and to the same extent as items originally delivered under this contract.

4.20 Acceptance and Approval

4.20.1 All goods and services supplied under this contract are subject to final inspecƟon and acceptance by County notwithstanding any payment or other prior inspecƟons or design approvals. The County’s acceptance of any work will not waive any warranty and the contractor is responsible for correcƟng or replacing any work deemed unsuitable.

4.20.2 County may, at its opƟon, require prompt replacement or correcƟon of rejected items at contractor’s expense including an equitable reducƟon in the contract price for rejected items. Contractor may not resubmit rejected items to County without prior wriƩen approval and instrucƟons from County, and will idenƟfy resubmiƩed items as having been previously rejected.

4.21 Release Void

County employees and representaƟves may not waive or release any rights of the…