LEGAL NOTICE

INVITATION FOR FORMAL BID

IFB 26-099

For

Plumbing Service & Repair

For

ST. CHARLES COUNTY GOVERNMENT

ST. CHARLES, MISSOURI

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

26-099 Plumbing Service & Repair Proposal Response from (please complete)

Page 2 of 31 _______________________________________ Name of Company or Individual

BID INSTRUCTIONS

One [1] signed original and one [1] signed copy of the bid must be received in a sealed envelope plainly marked “26-099 Plumbing Service & Repair” with the date and time of the bid opening in the lower left corner of the envelope.

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

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

Bid opening will be on Friday, 8/28/2026 at 11:00 am, in Room 115 of the St. Charles County Administration Building, 201 North Second Street, St. Charles, MO 63301.

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

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

BID INQUIRIES

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

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

For questions or inquiries concerning the specifications please contact:

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

Questions due by 3pm 08/21/26

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

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Prohibited Communication

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

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

TERMS AND CONDITIONS

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

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

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

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

The contract, provided in Exhibit A, shall be effective for the approximate twelve (12) month period from the date of execution.

The County, with the consent of the vendor, shall have the option to renew said contract for two (2) additional twelve (12) month periods at the same specifications and terms and conditions of any contract that may be derived from this request for proposal.

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

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

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

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

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

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

Page 4 of 31 _______________________________________

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

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

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

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

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

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

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

MISSOURI PREVAILING HOURLY WAGE RATES:

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

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

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

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

INSURANCE:

The successful bidder must agree to provide and maintain during the life of the Contract the insurance(s) listed below, in the minimum amounts specified, with an insurance company licensed to do business in the State of Missouri. All policies must name the

Page 5 of 31 _______________________________________

County as an additional insured and provide for thirty (30) days written notice prior to any material changes or cancellation. Successful bidder will be awarded contract once a Certificate of Insurance is provided.

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

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

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

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

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

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

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

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

[RSMO 285.530 (2)]

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

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

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

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

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

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

** PLEASE NOTE:

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

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

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

Page 7 of 31 _______________________________________

Open Records

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

Veteran Friendly Employment Policy

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

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

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

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

Interview Conference

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

Consideration of Information from All Sources:

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

Responsibility to Submit Information:

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

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

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

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

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

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

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

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

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PLUMBING SERVICE AND REPAIR

St. Charles County Government is seeking bids for the service and repair of various commercial plumbing systems for primarily the Facilities Management Department of St.

Charles County Government on an as needed basis. There is no guarantee on the amount of work awarded under this contract. Other County departments may request services as needed. Establishment of this contract allows the Facilities Management Department to be better prepared to meet the plumbing needs of the County in a timely fashion. This Bid is for labor and emergency service rates. Plumbing service and repair may be required at any St.

Charles County Government facility.

General Conditions:

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

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

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

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

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

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

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

The Contractor must directly employ all personnel that are utilized by the Contractor to service and repair plumbing systems. With advance notice, and under special circumstances, the Contractor will be allowed to apply for a variance to this self-performance requirement.

The Contractor must have a minimum of 7 years commercial plumbing experience.

The Contractor must warrant all plumbing installs performed by the Contractor for a minimum period of 12 months. The Contractor’s workmanship and material warranty must be provided in addition to any applicable manufacturers’ warranties.

The County reserves the right to utilize various Plumbing Contractors to install and repair plumbing systems to serve the best interest of the County. Any project $15,000 and over will require a sealed bid process and the contractor awarded this bid will be invited to bid.

Service and repair may be required at any of the St Charles County Government facilities located throughout St. Charles County and is expected Contractor will provide their own transportation at no cost for travel to the County. See Appendix A for a list of County service locations.

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Contractor shall complete and include in their response the Plumbing Contractor Qualifications sheet in Appendix B.

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

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

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

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

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

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

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

The Contractor shall supply all labor and material as required for the execution of the contract. Each project will require a not-to-exceed cost proposal that shall also include all labor and materials for complete install.

Standard County hours of operation are 7:00 a.m. until 4:00 p.m. Monday through Friday except holidays.

The bidder agrees to have employees perform a background check performed by the Police Department. This will be verified for before work is started in the Emergency Operations Center, Wentzville Dispatch back up site, County Courthouse, County Administration Building, Justice Center, Juvenile Justice Center, and Police Department.

Any suspended plumbing lines must be properly supported. The County shall provide any needed permits and the Contractor shall not charge the County for any permits.

The County may elect to retain any equipment, fixtures, piping, or other related material for its own purpose if removed by the Contractor during approved work.

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

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SCOPE OF WORK

The successful bidder will provide services on an as-requested basis using parts or materials/supplies furnished by the County, or parts and materials/supplies may be asked to be purchased by the contractor.

Contractor shall be experienced in the inspection and servicing of backflow devices and be certified to perform necessary annual inspections.

Contractor must be capable of clearing clogged plumbing lines, locating plumbing lines, and possess a camera to be able to scope plumbing lines as necessary. Camera work must be capable of scoping a minimum of 3” pipe.

Contractor shall be responsible for providing personal protective equipment (PPE) as necessary.

Contractor shall be responsible for providing their own tools and equipment, including but not limited to:

Ladders or lifts Tool carts Hand tools Power tools

Provide on-call availability 24/7/365. Contractor shall provide a phone number that will be answered via cell phone or dispatch call center. A contractor must have a phone number that will be answered or provides a return phone call within 30 minutes to be qualify for this bid. A cell phone of an on-call plumber, or company owner would qualify for these criteria.

Contractor may be required to work in a Correctional Facility. All tools and equipment will be searched prior to entry and exit.

Installation of all plumbing must comply with all local codes and standards.

The County will inspect all work prior to acceptance.

Documentation of all work completed is required.

The County reserves the right to add additional buildings in which quoted costs would apply.

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Bid Form

23-099 Plumbing Service & Repair

FEE SCHEDULE

First Year

Hourly Cost

Second Year

Hourly Cost

Third Year Hourly Cost

Fourth Year

Hourly Cost

Fifth Year Hourly Cost

Journeyman $ $ $ $ $

Helper Labor $ $ $ $ $

Journeyman Overtime

Helper Labor Overtime

Emergency Service Call Charge

Markup %

Alternate: Grease Trap Service cost per visit

Equipment $ Per Hour

Camera Pipe

Locate Pipe

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Authorized Signature Date

Page 14 of 31 _______________________________________

Exception Sheet

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

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

Date:

Signature:

Title:

Company:

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Appendix A

COUNTY SERVICE LOCATIONS

Facility Department Address

Administration Many 201 N 2nd St, St Charles, MO 63301

Airport Airport 6390 Grafton Ferry Rd, Portage des Sioux, MO 63373

Arena Family Arena 2002 Arena Pkwy, St. Charles, MO 63303

Broemmelsiek Park Parks 1615 Schwede Rd, Wentzville, MO 63385

Corrections Corrections 301 N 2nd St, St. Charles, MO 63301

Courthouse Many 300 N 2nd St, St. Charles, MO 63301

Central Highway Shed Highway 2480 St. Peters Howell Rd, St. Peters, MO 63376

The Historic Daniel Boone Home Site

Parks 1868 Highway F, Defiance, MO 63341

Dispatch Emergency Communications

1605 Wentzville Pkwy, Wentzville, MO 63386

Eastern Highway Shed Highway 2550 Betham Rd, St. Charles, MO 63301

Emergency Operations Center

Emergency Communications & Emergency Management

1400 TR Hughes Blvd, O’Fallon, MO 63366

Executive Executive 100 N 3rd St, St Charles, MO 63301

Firing Range Police 1835 Hwy 94 South, St. Charles, MO 63304

Hays House Event Center**

Parks 670 Matson Hill Road, Defiance, MO 63341

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Heritage Museum Parks 1630 Heritage Landing, St. Charles, MO 63304

Highway Office Highway 301 N 3rd St, St Charles, MO 63301

Humane/Pet Adoption Public Health 4850 Mid Rivers Mall Dr, St. Peters, MO 63376

Indian Camp Creek Park Parks 2679 Dietrich Rd, Foristell, MO 63344

Juvenile Juvenile Justice 1700 S River Rd, St. Charles, MO 63304

Kinetic Park Parks 7801 Hwy N, Dardenne Prairie, MO 63368

Klondike Park Parks 4600 Hwy 94 South, Augusta, MO 63332

The Park at New Melle Lakes

Parks 400 Foristell Road, New Melle, MO 63365

Police Department Police 101 Sheriff Dierker Ct, O’Fallon, MO 63366

Public Health Public Health 1650 Boone's Lick Rd, St. Charles, MO 63301

Quail Ridge Park Parks 5501 Quail Ridge Pkwy, Wentzville, MO 63385

Recycle Central Public Health 60 Triad South Dr, St. Charles, MO 63304

Recycle West /Western Highway Shed

Highway, Public Health

2110 E. Pitman Ave, Wentzville, MO 63385

Sign Shed Highway 3688 Greens Bottom Rd, St. Charles, MO 63304

Southern Highway Shed Highway 176 Sprock Rd, Wentzville, MO 63385

Towne Park Parks 100 Towne Park Drive, Foristell, MO 63348

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Turner Bldg. Elections, Municipal Court

397 Turner Blvd, St. Peters, MO 63377

Workforce: Missouri Job Center

Workforce Development

212 Turner Blvd, St. Peters, MO 63376

Veterans Tribute Park Parks 1031 Kisker Road, Weldon Spring, MO 63304

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Appendix B

PLUMBING CONTRACTOR QUALIFCATIONS

(Yes / No)

Capable of responding to the County’s request for assistance 24 hours per day / 7 days per __________ week. Contractor must provide an answering service or other arrangement that ensures that a representative of the County can speak directly to the Contractor’s representative within 30 minutes of the initial telephone contact.

Contractor possesses all appropriate State and County licenses in good standing to perform __________ plumbing work throughout County buildings and can provide license number for any needed permits.

Number of years in business. __________

Number of years performing commercial plumbing work. __________

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Appendix C

THIS FORM MUST BE COMPLETED AND ENCLOSED WITH THE BID

Please list five (5) customer references below:

1. Name of Customer: ______________________________________________

Address: _______________________________________________________

Contact Person: __________________________Phone #_________________

Email: _________________________________________

2. Name of Customer: ______________________________________________

Address: _______________________________________________________

Contact Person: __________________________Phone #_________________

Email: _________________________________________

3. Name of Customer: ______________________________________________

Address: _______________________________________________________

Contact Person: __________________________Phone #_________________

Email: _________________________________________

4. Name of Customer: ______________________________________________

Address: _______________________________________________________

Contact Person: __________________________Phone #_________________

Email: _________________________________________

5. Name of Customer: ______________________________________________

Address: _______________________________________________________

Contact Person: __________________________Phone #_________________

Email: _________________________________________

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Appendix D

Audit Clause for Contracts

Examination of Records

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

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

Vendor Information

Company Name: ___________________________________

Business Address: __________________________________

Business Hours: ____________________________________

Phone: ___________________________________________

Fax:_____________________________________________

Email address: _____________________________________

Contact Person: ____________________________________

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

Date: ____________________

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Appendix E

AFFIDAVIT OF WORK AUTHORIZATION

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

Comes now (Name of Business Entity Authorized

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

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

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

Authorized Representative's Signature Printed Name

Title Date

E-Mail Address

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

(DAY) (MONTH, YEAR)

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

(NAME OF COUNTY)

_______________________, and my commission expires on _________________.

(NAME OF STATE) (DATE)

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Signature of Notary Date

Appendix F

ST. CHARLES COUNTY

DOMESTIC PRODUCTS PROCUREMENT ACT (BUY AMERICAN)

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

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

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

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

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

SIGNATURE

COMPANY NAME

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

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

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

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

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

BID ITEM NUMBER(S) COUNTRY WHERE MANUFACTURED OR

PRODUCED

QUALIFYING TREATY, LAW,

AGREEMENT, OR REGULATION

SECTION C

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

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EXHIBIT A

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

SERVICE AGREEMENT

St. Charles County, Missouri, (County) and __________________________ (Contractor) do hereby enter into this SERVICE AGREEMENT effective the last date signed below and subject to the following terms and conditions:

II. Scope of Services: The Contractor shall furnish, at its cost and expense, all tools, equipment, supplies, superintendence, transportation, and other accessories, services, and facilities; and provide and perform all necessary labor in a good, substantial, and workmanlike manner to complete the work as designated, described and required by the bid specifications contained in “Invitation for Bid 26-099 Plumbing Service and Repair” on file with St. Charles County, all in accordance with the general conditions, supplementary conditions, instructions to bidders, proposal, and other specified documents, all of which contract documents form the contract, and are as fully a part thereof as if repeated verbatim herein, all work to be done under the direct supervision, and to the entire satisfaction of the County.

III. When Services Provided: The Contractor shall furnish the services identified in the scope of services by location of the bid document on Monday through Saturday of each week. The Contractor shall furnish the other identified services upon request of the County.

IV. Cost And Unit Prices: The County shall pay the Contractor for all work done in accordance with the prices shown in the proposal within a reasonable time after receiving an invoice from Contractor for the completed work. Contractor shall submit invoices to the County no later than thirty (30) days after completion of the work. All Payments shall be subject to appropriations by County.

V. Sales And Use Tax Exemption: To the fullest extent permitted by applicable law, including Section 144.062, RSMo, Contractor shall utilize all available sales and use tax exemption mechanisms applicable to the Work, including but not limited to the Missouri Project Exemption Certificate (Form 5060) and any exemption documentation provided by County, for all purchases of materials, supplies, and equipment incorporated into or consumed in the Project; Contractor shall coordinate with County and its subcontractors and suppliers to implement such exemptions and ensure all qualifying purchases are made on a tax-exempt basis; and Contractor shall not include in the Contract Price, nor seek reimbursement from County for, any sales or use taxes paid to the extent such taxes could have been lawfully avoided through use of such exemptions, it being expressly understood that any such avoidable taxes shall be borne solely by Contractor.

VI. Supervision: The Contractor shall supervise and direct the work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over means, methods, techniques, sequences, and procedures and for coordinating all portions of the work under the contract, unless the contract documents give other specific instructions concerning those matters. Contractor shall self-perform all services listed within the bid. Contractor shall not subcontract any services within the bid nor assign to a third party the performance of any services within the bid to a third party without the prior written permission of the County.

VII. Incorporation of Procurement Documents: This agreement hereby incorporates the County’s related procurement documents (IFB 26-099), the Contractor’s responses thereto, and any attachments or

Page 25 of 31 _______________________________________ exhibits to any of the above-referenced documents. In the event of a conflict between any of the incorporated documents, this document shall control. If Contractor believes it has identified or becomes aware of an inconsistency or conflict, it shall request clarification from the County, in which case the County’s interpretation shall control. The absence of a term from this document does not imply the negation of a term from the County’s procurement documents.

VIII. Appropriations: Any obligation on the part of the County to pay any amount due under the agreement is subject to appropriation by the County in each fiscal year of funds sufficient to fulfill the terms of the agreement. Should the County fail to appropriate sufficient funds in its annual budget ordinance for any of the fiscal years to which the County’s obligation to pay any amount due under the agreement applies, the County’s obligation to pay any funds under this agreement shall cease without penalty and without further payment being required, and the agreement will terminate upon written notice by the County that there are no sufficient authorized funds lawfully available to meet the County’s payment obligations.

IX. Non-Waiver of Sovereign Immunity: The County hereby asserts and maintains its sovereign immunity to the fullest extent permitted by law. Nothing in the agreement shall be construed as a waiver of the County’s sovereign immunity or as consent by the County to be sued in any forum or manner except as provided by law. The County’s sovereign immunity shall survive the termination or expiration of the agreement and shall remain in full force and effect in accordance with any and all applicable laws.

X. Indemnification: Contractor shall indemnify, defend (with counsel chosen by Contractor with County’s consent), and hold harmless County, its officers, agents, and employees from and against any and all claims, damages, losses, expenses and liabilities of any kind, including but not limited to attorney’s fees and costs, arising out of or in connection with Contractor’s performance of its duties and obligations under this agreement. The indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages or liability. Contractor’s obligation to indemnify pursuant to this section shall survive the termination or expiration of this agreement.

XI. Open Records: The Parties agree and recognize that the County is a political subdivision of the State of Missouri and is therefore subject to open records laws including but not limited to Chapter 610, RSMo (“The Sunshine Law’), other various state and federal laws, and/or court or administrative orders. The Parties recognize that these laws or orders may require disclosure of public records, including records or documents related to the agreement. The County has no obligation under the agreement to provide notice or secure approval from Contractor prior to any mandated disclosure. Any such disclosure made by the County shall not be a breach or violation of the terms of the agreement.

If Contractor believes any information related to this agreement is protected from disclosure, Contractor must immediately and clearly identify what information is so protected and must clearly articulate the legal basis thereof. The County shall make any final determinations with regards to disclosure.

XII. Insurance: Contractor must obtain and keep in effect at all times during the contract period the following coverages and upon execution submit copies of certificates of insurance documenting the following coverages:

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

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

$1,000,000 for bodily injury or death to any one person and $3,000,000 per occurrence for automobile and general liability coverage; and property damage coverage of at least $1,000,000.

A Combined Single Limit Policy in the amount of $3,000,000 is an acceptable alternative.

Automobile coverage must include non-owned vehicles.

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

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

XIII. Venue and choice of laws: Any legal action, suit or proceeding in any way arising out of or relating to the agreement shall be brought solely and exclusively in the Circuit Court of St. Charles County, Missouri or the federal district court located in St. Louis, Missouri, and Contractor and any subcontractor irrevocably accepts and submits to the sole and exclusive jurisdiction of such courts, generally and unconditionally.

Contractor and any subcontractor shall not bring any legal action, suit or proceeding in any other jurisdiction against the County. Contractor and any subcontractor irrevocably waives and agrees not to assert by way of motion, as a defense or otherwise, any objection that it may now or hereafter have to the venue of any of the aforesaid actions, suits or proceedings in the courts described herein, and further waives and agrees not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that this agreement or the subject matter hereof or thereof may not be enforced in and by such court.

The laws of the State of Missouri, without giving effect to conflict of laws principles, shall govern this agreement and any dispute arising from it.

XIV. Entire Agreement: This document, and the documents incorporated explicitly herein, represent the entire agreement between the parties and any verbal understandings, extraneous writings, or other communications (written or otherwise) or expressly not binding on the parties.

XV. Amendments: The parties may only modify this agreement by written amendment, properly executed and consistent with the County’s ordinances and purchasing plan.

XVI. Severability: If a court of competent jurisdiction should find any provision of this Agreement to be invalid or unenforceable, the same shall be reduced in scope and coverage to the extent necessary to render the same valid, and, if that is not possible, the remainder of this Agreement shall not be affected and shall continue in full force and effect.

XVII. Counterparts: The parties may sign this Agreement in counterparts, which shall be fully binding upon the parties upon execution by the last signing party.

XVIII. Notices: All notices and other communications required to the County pursuant to this Agreement shall be in writing and shall be deemed to be duly given if (a) delivered in person or by commercial delivery service, or (b) if mailed by certified mail, with postage prepaid and return receipt requested, to the County Executive’s office and the County Counselor. Nothing contained in this Section shall be construed to restrict the transmission of routine communications between representatives of the parties.

XIX. Not a Joint Venture: Nothing contained in this Agreement shall be deemed to constitute the parties to this Agreement as partners in a partnership or joint venture for any purpose whatsoever.

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XX. Not Assignable: This Agreement is not assignable by either party hereto without the written consent of all other parties.

XXI. Section Headings: All section headings contained in this Agreement are for the convenience of reference only and the Parties do not intend for headers to define or limit the scope of any provision of this Agreement.

XXII. Force Majeure. No Party shall be liable for any delay in or failure of performance of any obligation hereunder, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to the extent that, such delay or failure is…