BID REQUEST No 16-7140-CP - Metropolitan Community …mcckc.edu/do-business-with-mcc/docs/bids/16-7140-CP Boiler... · BID REQUEST . No. 16-7140-CP. PROJECT MANUAL . FOR . Boiler

BID REQUEST

No 16-7140-CP

PROJECT MANUAL

FOR

Boiler Replacements

AT

FOR

THE BOARD OF TRUSTEES OF

METROPOLITAN COMMUNITY COLLEGE

July 6, 2016

PROJECT BID TIME & DATE: 11:00 a.m., Thursday, July 28, 2016 Site Visits: 1) Penn Valley: Meet in the Mechanical Conference Room. Enter from receiving dock. Wednesday, July 13, 2016 at 1:00 PM 2) Longview: Meet in the Facility Services Building Thursday, July 14, 2016 at 9:00 AM 3) Maple Woods: Meet in the Facility Services Building Friday, July 15, 2016 at 9:00 AM

Metropolitan Community College Page 2 HVAC Boiler Replacements – 16-7140-CP

TABLE OF CONTENTS

BID REQUEST NO. 16-7140-CP

PART I – BID INFORMATION, INSTRUCTIONS, FORMS

REQUEST FOR BIDS DESCRIPTION OF WORK WORK SCHEDULE INSTRUCTIONS TO BIDDERS FORM OF PROPOSAL FORM: PAYMENT BOND FORM: PERFORMANCE BOND FORM: WAIVER OF MECHANIC’S LIEN (by Contractor) FORM: WAIVER OF MECHANIC’S LIEN (by Subcontractor) FORM: WAIVER OF MECHANIC’S LIEN (by equipment or materials Supplier) FORM: CHANGE ORDER

PART II – CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, SAMPLE CONTRACT

GENERAL TERMS AND CONDITIONS FORM: M/WBE PARTICIPATION FORM FORM: GOOD FAITH AFFIDAVIT – CONSTRUCTION FORM: MISSOURI WAGE AND LABOR STANDARDS – AFFIDAVIT

COMPLIANCE WITH THE PREVAILING WAGE LAW FORM: FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUM FORM: FEDERAL WORK AUTORIZATION PROGRAM AFFIDAVIT FORM: NON-COLLUSION AFFIDAVIT SAMPLE CONTRACT with Exhibits

PART III – ACKNOWLEDGEMENT OF RECEIPT, APPENDIX

ACKNOWLEDGEMENT OF RECEIPT FORM (Return Completed Form to MCC immediately)


PART I BID INFORMATION, INSTRUCTIONS, FORMS

REQUEST FOR BIDS

METROPOLITAN COMMUNITY COLLEGE (MCC)

Bid Request No 16-7140-CP

Sealed Bids for:

Boiler Replacements

AT MCC – Longview, Campus Center Building

MCC – Longview, Automotive Building MCC – Penn Valley, Mechanical Building

MCC – Penn Valley, Health Science Institute MCC – Maple Woods, Learning Resources Building

Will be received by the Purchasing Department, Metropolitan Community College, 3200 Broadway, Kansas City, Missouri at 11:00 A.M. on Thursday, July 28, 2016.

Specifications and conditions of bidding and the printed form on which all bids must be made, may also be obtained by downloading it from: www.mcckc.edu/purchasing/bids. Bids must be accompanied by Bid Security in the form of a Letter of Credit or Surety Bond in an amount not less than five percent of the bid, as provided in the Contract Documents. The Board of Trustees of Metropolitan Community College reserves the right to waive informalities in bids and to reject any and all bids.

The Board of Trustees Metropolitan Community College

By: Diane Pacheco Purchasing Manager PH: (816) 604-1100


DESCRIPTION OF WORK


A. GENERAL

Work is generally described as Boiler Replacements at the Metropolitan Community

College’s Longview, Penn Valley and Maple Woods campuses. Metropolitan Community College (MCC), a public community college district and political subdivision of the State of Missouri located in Kansas City, Missouri, extends an invitation to qualified contractors with the necessary resources and experience to submit proposals to acquire necessary boiler units, remove old units and install new ones according to manufacturer’s specifications in three buildings. The base bid locations are the following MCC

buildings: Longview Campus Center, Longview Automotive, and Penn Valley Mechanical. The optional bid locations are Penn Valley Health Science Institute and Maple Woods Learning Resources building.

B. BIDDER QUALIFICATIONS

Services that are to be provided shall be performed by qualified and trained service personnel that are directly employed by the Service Company. Subcontracting portions of services requested in this specification shall not be allowed without prior consent.

C. SCOPE OF WORK

1. Work Locations

MCC-Longview, Campus Center and Automotive Buildings 500 SW Longview Road,

Lee's Summit, Missouri 64081

Facilities Supervisor: Rick Stansbury

MCC-Penn Valley, Mechanical Building

3201 Southwest Trafficway,

Kansas City, Missouri 64111

Facilities Superintendent: Lloyd Hale

Alt: MCC-Penn Valley, Health Science Institute

3444 Broadway,


Facilities Superintendent: Lloyd Hale

Alt: MCC-Maple Woods, Learning Resources Building

2601 NE Barry Rd,


Facilities Superintendent: Tom Hulett


2. Units to be replaced:

Campus Building/Location Manufac. Seriel # Model # Year Installed Type

Longview Campus Center Kewanee 0-8789 M25FG 1987 Water

Longview Automotive Brunham 7720981 809B-WI 1987 Water

Penn Valley Mechanical Clever Brooks L-52903 CB200-600 ? Steam

Penn Valley Mechanical Clever Brooks L-52902 CB200-600 ? Steam

Penn Valley Health Science Inst Brunham 51138 1995 Water

Penn Valley Health Science Inst Brunham 51125 1995 Water

Maple Woods Learning Resources Kewanee 4459845 65-1-D 1997 Water

All units are to be replaced with like kind units. If a contractor recommends a different size unit, either larger or smaller, a justification with load calculations need to be included with the bid response. All boilers are expected to have no less than 88% efficiency. If there is a more energy efficient model available, please make note on the bid form and provide a simple cost analysis with estimated payback period. *Please include Unit Manufacturer and Replacement Model Number with your bid response.

3. Site visits:

1) Penn Valley: Meet in the Mechanical Conference Room. Enter from receiving dock. Wednesday, July 13, 2016 at 1:00 PM 2) Longview: Meet in the Facility Services Building Thursday, July 14, 2016 at 9:00 AM 3) Maple Woods: Meet in the Facility Services Building Friday, July 15, 2016 at 9:00 AM

4. General

a) The bid for the services outlined in this bid shall include all disciplines (mechanical, electrical, etc.) required to complete the scope of work. The Contractor must be equipped and prepared to have all aspects of the work performed.

b) The Contractor must not use MCC equipment, materials or supplies. This includes, but is not limited to, rags, oil pads, tools, forklifts, pallets, ladders, cranes, rigging, piping, or pipe insulation, unless permission is obtained in writing, email being sufficient, from the appropriate MCC Facility Services Superintendent, or appointed designee.

c) The Contractor will provide the necessary cranes and rigging to install the new

equipment as well as the demo and removal of the old equipment. The Contractor will be responsible for window removal and replacement, if applicable.

d) The Contractor must supply all the personnel and other resources necessary to

perform the removals and installations. The Contractor must furnish labor, material and sundry supplies as required for uninterrupted operation of the cooling tower units. To the extent possible, the Contractor must have parts immediately available to minimize down-time.


e) The Contractor will ensure electrical wiring and start up, including coordination with Control Services Company for integration to the Automated Logic system.

f) All work must comply with manufacturer specifications and federal, state, and local regulations.

g) Permits, including with the State of Missouri Boiler division, are required.

h) Performance/payment bonds must be included.

i) The current Missouri Division of Labor Standards Annual Wage Order can be downloaded from our website: http://www.mcckc.edu/purchasing/vendor.

5. Controls

All units are to be installed to “plug and play” into our Automated Logic system. Control Service Company (CSC) has requested that equipment providers provide a BacNet MSTP card without the boiler control panel. CSC will complete the boiler sequencing. The

Contractor will be responsible for ensuring all necessary communication instruments are included and operational. The Contractor will also be responsible for coordinating work with CSC. MCC will pay CSC directly but the contractor is responsible for coordinating work with CSC. Any questions and controls coordination goes to Matt Adamson: [email protected], cell 913-991-2114, work 816-600-5800.

6. Safety The contractor is to comply with any and all OSHA safety guidelines during the entire duration of the project. All work areas are to be enclosed with red/orange vinyl fencing supported by traffic barrels properly weighted with sand or other acceptable means approved by the Owner’s Director of Facility Services.

7. KCP&L Rebate

Contractor will provide calculated energy savings with the new units compared to the old units after the bid has been awarded and before the equipment is ordered.

8. Timing of Replacements

Work shall commence after notice to proceed has been issued by MCC’s Director of Facility Services. Work will be scheduled based on when the vendor receives the boilers and installs can be coordinated to have minimal interruption to the campuses. Coordination with the Facilities Departments needs to be made no less than one (1) week in advance. Substantial completion will be May 19, 2017 and final completion by May 31, 2017. Invoices must be received into the Purchasing department no later than June 9, 2017. These dates are the latest expected dates and should be sooner if able.


INSTRUCTIONS TO BIDDERS


1. GENERAL

a. Execute and submit all bids in accordance with these instructions and the applicable

provisions of the specifications.

1. Submit one original and one (1) electronic copy (including bid form in excel) submitted with the bid document to: Purchase Manager, MCC – Administrative Center, 3200 Broadway, Kansas City, MO 64111, by 11:00 am. July 28, 2016.

2. Prices must be stated in units of quantity specified and extended in total column. 3. Proposals, to receive consideration, must be received prior to time designated in

this inquiry. 4. The Board of Trustees reserves the right to waive defects and informalities in

proposals, to reject any or all proposals, or to accept any proposals as may be deemed to its interest, and to award by item, combination of items or lot.

5. MO Sales and Use Tax not applicable to any purchase. Exemption certificate furnished as required.

6. Any bid may be withdrawn at any time prior to that specified herein for the opening of bids, but no bid may be withdrawn for a period of sixty (60) days thereafter.

7. A 5% preference shall be granted to all firms, corporations, or individuals doing business as a Missouri firm, corporation or individual on all contracts other than new construction, provided the additional cost to the District does not exceed $500.

8. All Bidders are requested to attempt in good faith to utilize MBE/WBE contractors, sub-contractors, vendors, and material suppliers. Low bidders may be required to demonstrate they have performed good faith efforts. A list of resources for finding MBE/WBE companies can be obtained at www.mcckc.edu/services/purchasing/department/minority.asp. Bidders must indicate their Minority and Women Business Enterprises participation levels committed to this project on the M/WBE Participation Form, and prime contractors are required to provide a written list of subcontractors and suppliers which submitted bids to them on the Good Faith Affidavit – Construction, collectively attached hereto in Part II.

9. Information pertaining to any item of this request may be obtained by submitting a request via email to [email protected].

10. Bidder will be required to comply with the General Terms and Conditions, as well as state any objections to the terms of the Sample Contract, collectively attached hereto in Part II.

11. All MCC locations are completely tobacco-free and non-smoking, both indoors and outside. No tobacco products of any kind are allowed. Contractor’s personnel will be required to follow this policy.

12. MCC, due to its status as a political subdivision of the state of Missouri and its entitlement to sovereign immunity, is unable to accept contract provisions that require the indemnification of others. Any indemnity language in proposed terms and conditions will be modified to conform to language acceptable to MCC.

13. MCC is a political subdivision of the state of Missouri and as such cannot create indebtedness in any one year above what it can pay out of the annual income of said year. Should MCC determine it has not received adequate appropriations budget allocations income to enable it to meet the terms of this Contract, MCC reserves the right to cancel this Contract with a 30 days’ notice. Multi-year term


and supply contracts and leases and the exercise of options to renew are subject to annual appropriations.

2. PRE-BID CONFERENCE

There will be a site visits:

1) Penn Valley: Meet in the Mechanical Conference Room. Enter from receiving dock. Wednesday, July 13, 2016 at 1:00 PM 2) Longview: Meet in the Facility Services Building Thursday, July 14, 2016 at 9:00 AM 3) Maple Woods: Meet in the Facility Services Building Friday, July 15, 2016 at 9:00 AM

All questions regarding the bidding process and communications should be addressed in writing only to: [email protected]. Questions must be received by noon, July 20, 2016.

3. QUALIFICATIONS OF BIDDERS a. Bidder must have at least five (5) years of experience in the type of work involved in

this project, and must have performed work similar in scope to the work proposed in this project.

b. Refer to individual sections for further qualifications or requirements. c. Upon request of Metropolitan Community College (Owner), the apparent successful

Bidder shall furnish documentation satisfactory to Owner, which confirms qualification requirements. MCC may contact references prior to award of contract.

4. BIDDER’S REPRESENTATIONS a. By submission of bid, Bidder represents that he has examined Contract Documents

and made an examination of site, or otherwise satisfied himself completely as to provisions of the Contract Documents and site conditions, and areas and quantities.

Prior to visiting the site the contractor’s representative shall notify the campus

superintendent that the contractor will be on site visiting the future work area locations. If the visit is performed after normal working hours the contractor shall contact security upon arrival on campus to inform security of their intent.

b. By submission of bid, Bidder represents that he is familiar with all applicable federal,

state and local regulations, that he understands that compliance is mandatory under the provisions of the Contract Documents and that he is prepared to comply fully.

5. BIDDER’S PROPOSAL FORM

a. All bids shall be prepared on Form of Proposal as outlined herein and under Bidder's

letterhead. Quotations shall be submitted based upon these specifications and drawings. Quotations containing qualifying statements will not be considered.


6. BIDDING PROCEDURES

a. Bids shall be submitted with 1 (one) original and 1 (one) electronic copy submitted

with the bid document and delivered to: Purchasing Manager, Metropolitan Community College, 3200 Broadway, Kansas City, MO 64111, with all appropriate forms from this Bid Request, signed and completed.

b. Bids shall be in sealed envelope clearly marked with bid number, time and date of bid

opening, Bidder’s name, address. c. Bid security required by these Contract Documents shall be included in bid proposal. d. Bids may be withdrawn in person or by written request any time prior to scheduled

closing time for receipt of bids. e. All bids shall be valid for 60 days after opening, but the Owner reserves the right to

reject any or all bids. f. No bid proposal shall be withdrawn subsequent to specified time of bid opening for a

period of 60 calendar days without written consent of the Owner. g. Any exceptions to the terms and conditions of this Bid Request shall be clearly stated

and it is at MCC’s discretion whether the exception shall be accepted or shall invalidate the proposal.

7. ACCEPTANCE AND REJECTION OF PROPOSALS

The Owner reserves the right to reject any or all bids and to waive any informality or technicality in bidding. In addition, the Bidder recognizes the right of the Owner to reject a bid if the Bidder failed to furnish any required bid security, or to submit the data required by the bidding documents, or the bid is in any way incomplete or irregular. As a condition precedent to contract award, the Bidder’s prior experience, financial status and his proposed Subcontractors will be carefully considered. If awarded, the contract will be awarded to the lowest Bidder complying with the conditions of the bidding documents. If discrepancies exist between unit prices and their calculated extension, unit prices shall take precedence.

8. OPTIONAL LOCATIONS

Each Bidder shall bid on all optional locations listed in the bid proposal that are applicable to his portion of the work. Optional locations will be fully considered in determining the low Bidder.

9. UNIT PRICES

A unit price is the amount stated in the proposal form or subsequently agreed upon by the Owner and the Contractor as a price per unit of measurement for addition or deduction of materials or services as described in the Contract Documents. The unit prices may or may not be used as determined to be in the best interest of the Owner, per the General Conditions. Itemized data shall be required substantiating unit price when required for change order, cost proposal, or requested by Owner’s Director of Facility Services.


Unit prices shall include costs of labor, materials, services, overhead and profit, bonds, insurance, and other costs to cover the completed work. Additions or deductions in the work authorized shall be executed in accordance with the applicable sections of the specifications.

10. SUBSTITUTIONS

a. Substitutions Prior to Vendor Selection: For inclusion of products other than those

specified, Bidders shall submit a request in writing with their response by 11 a.m. on July 28, 2016. Requests shall clearly define and describe the product for which inclusion is requested.

b. Substitutions after Award of Contract: Substitutions of products will be considered after award of contract only under one of the following conditions: (1) When the specified product is not available due to a strike, lockout, bankruptcy,

discontinuance of the Manufacturer of a product, or natural disasters.

(2) When a guarantee of performance is required and, in the judgment of the Contractor, the specified product or process will not produce the desired results.

Requests for such substitution shall be made in writing to Owner’s Director of Facility Services within ten (10) days of the date that the Contractor ascertains he cannot obtain the material or equipment specified, or that the performance cannot be guaranteed.

c. Procedures Respecting Substitutions

(1) Materials and equipment proposed for substitution shall be equal or superior

to that specified in construction, efficiency, utility, aesthetic design, and color, as determined by Owner’s Director of Facility Services, whose decision shall be final and without further recourse. Physical size of substitute brand shall not be larger than the space provided for it. Requests must be accompanied by full description and technical data, in two copies, including Manufacturer’s name, model, catalog number, photographs or cuts, physical dimensions, operating characteristics, and any other information necessary for comparison.

(2) Permission to make any substitution after award of the contract shall be effected by a change order. It shall not relieve the Contractor, any Subcontractor, Manufacturer, Fabricator or Supplier from responsibility for any deficiency that may exist in the substituted product or for any departures or deviations from the requirements of the Contract Documents, as modified by such change order. The substituted product will satisfy all standards and requirements satisfied by the originally specified product and the change order shall not be deemed to modify the Contract Documents with respect thereto.

(3) If any substitution will affect a correlated function, adjacent construction, or the work of other trades or Contractors, the necessary changes and modifications to the affected work shall be considered as an essential part of the proposed substitution, to be accomplished by the Contractor without additional expense to the Owner, if and when accepted.


11. LOG The Contractor shall furnish and keep one (1) log book at the Project Site. He shall enter into this log each day the weather conditions, the temperature, general information as to the progress of the project, materials received, amount of concrete placed that day, tests made, inspections made by other authorities, and all visitors to the Project Site. One (1) copy of the log shall be submitted to Owner’s Director of Facility Services every Monday following completion of the previous week’s work.

12. TEMPORARY FACILITIES AND CONTROLS Limited storage space is available within the work area for overnight and weekend storage of Contractor’s lockboxes and materials. In general, storage will be confined to the specific work areas or an area agreed upon by the Owner and Contractor. The Contractor shall obtain approval of storage areas from the Owner. The Contractor shall be responsible for parking for its employees.

Temporary Water

The Owner shall provide and pay for all water used for construction purposes. The Contractor shall provide and maintain necessary temporary connections to the source of temporary supply.

Temporary Electric

The contractor shall provide a generator for any electrical power required for the various work items.

Temporary Telephone

A telephone will be required and shall be supplied and paid for by the general Contractor.

Security Provisions

The Contractor shall be responsible for the security of this project. It shall be his responsibility to construct and maintain any required pedestrian walkways, barricades, screens, railings and fences in strict accordance with all applicable codes for protection of pedestrians.

Temporary Sanitary Facilities

The Contractor shall provide and maintain sanitary facilities at the site. Facilities and locations are subject to approval of the Owner’s Director of Facility Services. The Contractor shall obtain and pay for any applicable permit. Contractor’s personnel shall not use public toilet facilities or tenant toilet facilities in any location of the Metropolitan Community Colleges. Workmen shall only use temporary facilities provided by the Contractor.

13. SCHEDULE

Work shall commence on the date stipulated in the “Notice to Proceed,” and shall be completed within the time frame stated on the Bid Form. The Contractor shall provide the Owner’s Director of Facility Services with a schedule bar chart and expected sequence of operation prior to beginning the work. The Owner’s Director of Facility Services shall review and approve the schedule.


14. WORK SEQUENCE

a. Prior to commencement of work, the Contractor shall meet with the Owner’s Director

of Facility Services to establish sequence and schedule of work.

b. Contractor shall remove all broken concrete and debris from the work area on a daily basis and dispose of same at authorized dump sites.

15. INTERPRETATION OF CONTRACT DOCUMENTS

a. Bidders requiring any interpretations or clarifications of Contract Documents shall direct such questions to the Owner in writing. No communication will take place between suppliers and MCC during the bid process, except in writing. Questions should be emailed to [email protected]. Questions must be received by noon, July 20, 2016. Responses will be compiled and shared with all suppliers on record with interest in participating. Complete the attached Acknowledgement of Receipt form found on the last page of this document and return to the Purchasing Department to receive these notifications.

b. Interpretations, changes, answers to questions, modifications or additions to Contract Documents resulting from inquiries and from the pre-bid conference will be published by addendum to all those receiving bid packages. All returning the Acknowledgement of Receipt will be sent a copy of any Addenda.


FORM OF PROPOSAL BID REQUEST # 16-7140-CP

Boiler Replacements

Contractor

Metropolitan Community College 3200 Broadway Contact Kansas City, MO 64111 Attn: Diane Pacheco, Purchasing Manager Phone # Email

By submission of the attached proposal, we certify that we have examined the site of the project or

have otherwise satisfied ourselves as to the existing conditions, size of areas, etc., as provided on

the drawings and in the specifications for the replacement of designated HVAC units.

DIRECT ALTERNATE

Mobilization $_______________ $_______________

Permits / Bonds $_______________ $_______________

1. Longview – Campus Center $_______________ $_______________

2. Longview – Automotive $_______________ $_______________

3. Penn Valley – Mechanical (2) $_______________ $_______________

4. Optional: Penn Valley – Health Science Inst (2) $_______________ $_______________

5. Optional: Maple Woods – Learning Resources $_______________ $_______________

DESCRIPTION OF ABBREVIATIONS Sq .Ft. = Square Feet Ln. Ft. = Linear Feet Cu. Yd. = Cubic Yard Ea. = Each A/R = As Required N/A = Not Applicable Lbs. = Pounds R/R = Remove & Replace TFAW = Total for All Work TOTAL FOR ALL BASE BID WORK ITEMS

NUMERIC DOLLAR AMOUNT

WRITTEN DOLLAR AMOUNT


Replacement Spec

1. Complete tables for replacement units. Please note direct or other. Longview – Campus Center:

Manufacturer Model # Size/BTU Efficiency

1

Longview – Automotive:


2

Penn Valley – Mechanical:

Manufacturer Model # Size/HP/BTU Efficiency

3

4

Penn Valley – Health Science Inst:


5

6

Maple Woods – Learning Resources:


7

2. Attach spec sheets for each unit. Include any additional details/justification.

3. Estimated lead time: _________________________________________________________ Vendor Questionnaire

1. Please give us some information about your company’s history and direct industry experience

2. Please include any service plan details that you would like to add


3. Please include at least three (3) references

ADDENDA

The Contractor acknowledges receipt and the consequent review of the following Addenda covering revisions to the drawings and/or specifications, and the cost, if any, of such revisions has been included in the price herein before quoted:

Addendum No. Date

Addendum No. Date

Addendum No. Date

Addendum No. Date

Addendum No. Date


HVAC Unit Replacements BF-11 Date: July 28, 2016

Bid Request 16-7140-CP

ON THIS SHEET, THE CONTRACTOR WILL PROVIDE A COMPLETE BREAKDOWN OF MOBILIZATION COSTS:


HVAC Unit Replacements BF-11 Date: July 28, 2016

Bid Request 16-7140-CP

REQUIRED INFORMATION - GENERAL CONDITIONS

The Contractor shall enter the percent of mark-up for overhead and profit if he/she is requested to perform work on a time and materials basis. % Overhead % Profit


The attached list of Subcontractors and material suppliers will be used by the undersigned for this contract. If the work is to be done by the Contractor, so state. List only one per category. VALUE ($) OF BASE DESCRIPTION MANUFACTURER BID SUBCONTRACTOR OF WORK /SUPPLIER INSTALLER WORK


HVAC Unit Replacements GF-2 SUBCONTRACTORS: Company Name By: (Signature of and Address ____________ Officer or Partner) Title ____________Date _____ Phone ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __ ___________________ ____________________ ___________ _____ __


The attached list of Subcontractors and material suppliers will be used by the undersigned for this contract. If the work is to be done by the Contractor, so state. List only one per category. VALUE ($) OF BASE DESCRIPTION MANUFACTURER BID SUBCONTRACTOR OF WORK /SUPPLIER INSTALLER WORK


PAYMENT BOND ___________________________________________________________, as surety ("Surety"), (Insert Proper Name of Surety) and ________________________________________________________________________ (Insert Proper Name of Contractor) as principal ("Contractor"), enter into, execute this bond ("Payment Bond"), and bind themselves in favor of Metropolitan Community College, Kansas City, Missouri as obligee ("Owner") in the penal sum of $_______________________________ (Insert Penal Sum) as of the _________________________________________. (Insert Date of Construction Contract) WHEREAS, the Contractor has executed a contract with the Owner of even date herewith ("Construction Contract") for construction of ___________________________________ _____________________________________________________________________________ (Insert Description and Location of the Construction Project) ("Project"); and, WHEREAS, the Owner has required the Contractor to furnish this Payment Bond containing the terms and conditions set forth herein as a condition to executing the Construction Contract with the Contractor; NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for themselves, their heirs, administrators, executors and successors agree: 1. The Construction Contract is hereby incorporated herein and by reference made a part hereof

to the same extent and effect as though it were copied verbatim herein. The Surety and the Contractor are bound for the full performance of the Construction Contract including without exception all of its terms and conditions, both express and implied, and, without limitation, specifically including Contractor's obligation to pay for labor, materials, services and equipment provided in connection with the Construction Contract performance;

2. For purposes of this Payment Bond, Beneficiary is defined as a person or entity who has

actually provided labor, material, equipment, services or other items for use in furtherance of the Construction Contract, and having:

(A) a direct contract with the Contractor; or

(B) a direct contract with a subcontractor of the Contractor; or (C) rights, under the laws of the jurisdiction where the Project is located, to file a lien, a

claim or notice of lien, or otherwise make a claim against the Project or against funds held by the Owner, if the Project is, or were, subject to such filing.


3. The Surety shall not be obligated hereunder to a Beneficiary other than a Beneficiary having a direct contract with the Contractor unless such Beneficiary has given written notice of its claim to the Contractor and the Surety within the longer of:

(A) ninety (90) days after such Beneficiary provided labor, material, equipment, services

or other items for use in furtherance of the Construction Contract; or, (B) the period of time provided by the jurisdiction wherein the Project is located for (1)

filing of a lien, claim of lien, notice of lien, if the Project is, or were, subject to such filing, or (2) otherwise making a claim against the Project or against funds held by the Owner; stating the amount claimed and identifying, by name and address, the person or entity to whom such labor, material, equipment, services or other items were provided.

4. In no event shall the Surety be obligated hereunder for sums in excess of the Penal Sum. 5. Upon receipt of a claim from a Beneficiary hereunder, the Surety shall promptly, and in no

event later than 30 days after receipt of such claim, respond to such claim in writing (furnishing a copy of such response to the Owner) by:

(A) making payment of all sums not in dispute; and, (B) stating the basis for disputing any sums not paid.

6. No action shall be commenced by a Beneficiary hereunder after the passage of the longer of

one (1) year following final completion of the Construction Contract or, if this bond is provided in compliance with applicable law, any limitation period provided therein. If the limitation period contained in this Paragraph is unenforceable, it shall be deemed amended to provide the minimum period for an action against the Surety on a payment bond by a third-party beneficiary thereof.

7. Any and all notices to the Surety or the Contractor shall be given by Certified Mail, Return

Receipt Requested, to the address set forth for each party below: SURETY: CONTRACTOR: OWNER: CONTRACTOR:______________________________________ SEAL (INSERT PROPER NAME OF CONTRACTOR) SURETY: _______________________________________ SEAL (INSERT PROPER NAME OF SURETY) By:__________________________________ By:________________________________ (SIGNATURE OF AUTHORIZED SIGNATORY) (SIGNATURE of AUTHORIZED SIGNATORY) ___________________________________________________________ (OFFICE OR TITLE OF PERSON SIGNING)


PERFORMANCE BOND _____________________________________________________________ as surety ("Surety"), (Insert Proper Name of Surety) and __________________________________________________________________________ (Insert Proper Name of Contractor)

as principal (Contractor"), enter into, execute this bond ("Performance Bond"), and bind themselves in favor of Metropolitan Community College, Kansas City, Missouri as obligee ("Owner"), in the penal sum of $ ____________________________________________, (Insert Penal Sum)

as of the ______________________________________________________. (Insert Date of Construction Contract) WHEREAS, the Contractor has executed a contract with the Owner of even date herewith ("Construction Contract") for construction of (Insert Description and Location of the Construction Project)

and, WHEREAS, the Owner has required the Contractor to furnish this Performance Bond containing the terms and conditions set forth herein as a condition to executing the Construction Contract with the Contractor; NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for themselves, their heirs, administrators, executors and successors agree: 1. The Construction Contract is hereby incorporated herein and by reference made a part hereof to

the same extent and effect as though it were copied verbatim herein. The Surety and the Contractor are bound for the full performance of the Construction Contract including without exception all of its terms and conditions, both express and implied.

2. If the Contractor is in default of the Construction Contract and the Owner, by written notice to the

Contractor and the Surety, declares the Contractor to be in default and terminates the right of the Contractor to proceed, the Surety shall thereupon promptly notify the Owner in writing as to which of the actions permitted to the Surety in Paragraph 3 it will take. .

3. Upon default and termination of the Contractor and notice to the Contractor and Surety as

provided in Paragraph 2 above, the Surety shall within 30 days proceed to take one or, at its option, more than one of the following courses of action:

(A) Proceed itself, or through others acting on its behalf, to complete full performance of

the Construction Contract including, without limitation, correction of defective and nonconforming work performed by or on behalf of the Contractor. During such performance by the Surety the Owner shall pay the Surety from its own funds only such sums as would have been due and payable to the Contractor in the absence of the default and termination.

(B) Applicable law permitting, and with the prior written consent of the Owner, obtain bids

or proposals from contractors previously identified as being acceptable to the Owner,


for full performance of the Construction Contract. The Surety shall furnish the Owner a copy of such bids or proposals upon receipt of same. The Surety shall promptly select, with the agreement of the Owner, the best responsive bid or proposal and shall promptly tender the contractor submitting it, together with a contract for fulfillment and completion of the Construction Contract executed by the completing contractor, to the Owner for the Owner's execution. Upon execution by the Owner of the contract for fulfillment and completion of the Construction Contract, the completing contractor shall furnish to the Owner a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the Owner for the Project by the Contractor. Each such bond shall be in the penal sum of the (1) fixed price for completion, (2) guaranteed maximum price for completion, or (3) estimated price for completion, whichever is applicable. The Owner shall pay the completing contractor from its own funds only such sums as would have been due and payable to the Contractor under the Construction Contract as and when they would have been due and payable to the Contractor in the absence of the default and termination. To the extent that the Owner is obligated to pay the completing contractor sums which would not have then been due and payable to the Contractor under the Construction Contract, the Surety shall provide the Owner with such sums in a sufficiently timely manner that the Owner can utilize such sums in making timely payment to the completing contractor; or,

(C) Take any and all other acts, if any, mutually agreed upon in writing by the Owner and

the Surety. 4. In addition to those duties set forth hereinabove, the Surety shall promptly pay the Owner all

loss, costs and expenses resulting from the Contractor's default(s), including, without limitation, fees, expenses and costs for engineers and engineer’s consultants if applicable, testing, surveying and attorneys, liquidated or actual damages, as applicable, for delay in completion of the Project, and fees, expenses and costs incurred at the direction, request, or as a result of the acts or omissions of the Surety.

5. In no event shall the Surety be obligated to the Owner hereunder for any sum in excess of the

Penal Sum. 6. The Surety waives notice of any changes to the Construction Contract including, without

limitation, changes in the contract time, the contract price, or the work to be performed. 7. This Performance Bond is provided by the Surety for the sole and exclusive benefit of the

Owner and, if applicable, any dual obligee designated by rider attached hereto, together with their heirs, administrators, executors, successors or assigns. No other party, person or entity shall have any rights against the Surety hereunder.

8. Any statutory limitation, which may be contractually superseded, to the contrary

notwithstanding, any action heron may be instituted so long as the applicable statute of limitations governing the Construction Contract has not run or expired.

9. Any and all notices to the Surety, the Contractor or the Owner shall be given by Certified Mail,

Return Receipt Requested, to the address set forth for each party below: SURETY: CONTRACTOR:


OWNER: 10. Any statutory limitation, which may be contractually superseded, to the contrary

notwithstanding, any action hereon may be instituted so long as the applicable statute of limitations governing the Construction Contract has not run or expired.

CONTRACTOR: SURETY: ____________________________________ ___________________________________ (INSERT PROPER NAME OF CONTRACTOR) (INSERT PROPER NAME OF SURETY) By: _________________________________ By: ________________________________ (SIGNATURE OF AUTHORIZED SIGNATORY) (SIGNATURE OF AUTHORIZED SIGNATORY) __________________________________ ____________________________________ (OFFICE OR TITLE OF PERSON SIGNING) (OFFICE OR TITLE OF PERSON SIGNING)


WAIVER OF MECHANICS' LIEN (by Contractor)

The undersigned, (Contractor), having been employed by (Owner), as a contractor for the construction of (describe improvements) (Contract No.) located on (legal description) does in consideration of final payment in the amount of _______________ Dollars ($____) and other valuable consideration, hereby waive and release any and lien, claim or right to lien, on the above described improvements and premises under the laws of the state of ______________________ relating to mechanics' liens, on account of labor, equipment or materials furnished for such improvements by the undersigned to or on account of (Owner). (Contractor) Address: By State of Subscribe to before me this day County of of 2, Notary Public: My Commission Expires 2,


WAIVER OF MECHANICS' LIEN (by Subcontractor)

The undersigned, , having been employed by (prime contractor) as a subcontractor in the construction of the (describe improvements ) located on (legal description ), for and in consideration of the sum of Dollars ($ ) and other valuable consideration, the receipt where of is hereby acknowledged, does hereby waive and release any and all lien, claim or right to lien on the above described improvements and premises under the laws of the state of relating to mechanics' liens, on account of labor, equipment of materials furnished for such improvements by the undersigned to or on account of (prime contractor ). (Subcontractor) Address: By State of Subscribe to before me this day County of of 2, Notary Public: My Commission Expires 2,


WAIVER OF MECHANICS' LIEN (by equipment or materials supplier)

The undersigned, , having furnished equipment or materials under contract with (prime contractor) for the (describe improvements) located on (legal description), for and in consideration of the sum of Dollars ($ ), and other valuable consideration, the receipt hereby acknowledged, does hereby waive and release any and all lien, claim or right to lien, on the above described improvements and premises under the laws of the state of relating to mechanics' liens, on account of labor, equipment or materials furnished for such improvements by the undersigned to or on account of (prime contractor). (Supplier) Address: By State of Subscribe to before me this day County of of 2, Notary Public: My Commission Expires 2,


CHANGE ORDER

This is Change Order No. _______ to Contract dated ___________________, for construction of _____________________________________________________________________________,

(Insert Description of the Construction Project) between ___________________________________________________________, as Contractor and Metropolitan Community College, Kansas City, Missouri, as Owner. Contractor is directed to make the following changes in the Work: The Contract Price, as adjusted through Change Order No. _______ (if there have been such adjustments), was $__________________________ The Contract Price is hereby increased or decreased, if any, as a result of this Change Order in the amount of $__________________________ The Contract Price, taking into account the effect of this Change Order, if any, shall be and is $__________________________ The Date of Substantial Completion, taking into account the effect of this Change Order, shall now be ___________________________, 20____. The parties have caused this Change Order to be executed by their authorized representatives on the day and year written below. Junior College District of Metropolitan Contractor Kansas City, Missouri

By: By: Name: Title: Title: Title: Date: Date:


PART II CONTRACT DOCUMENTS, REQUIRED

AFFIDAVITS, SAMPLE CONTRACT

GENERAL TERMS AND CONDITIONS

1. Contract Documents. Contract Documents are contained in this bid specification, including without limitation, the Project Manual for Bid Request and any subsequent addenda and/or written modifications, the terms of the Sample Agreement, Contractor’s Proposal Form, including any completed forms and certifications required by Contractor under the Bid Request, and MCC’s Notice of Award letter which shall form a binding agreement and shall be made a part of any contract executed between MCC and the winning Contractor regarding the subject matter herein.

2. Governing Law. Any Contract issued as a result of this RFP shall be constructed in

accordance with the laws of the state of Missouri.

3. Sovereign Immunity. MCC, due to its status as a political subdivision of the state of

Missouri and its entitlement to sovereign immunity, is unable to accept contract provisions that require the indemnification of others. Any indemnity language in proposed terms and conditions will be modified to conform to language acceptable to MCC.

4. OSHA 10 - Required Safety Training. The Construction Safety Training Act, Section 292.675 RSMo, requires all contractors and subcontractors who enter into contracts with public bodies for construction of public works to train their on-site employees regarding the potential hazards they may encounter. The training may be accomplished by providing a standard OSHA 10-hour construction program (taught by an OSHA-authorized instructor) or a similar program approved by the Division of Labor Standards. On-site employees include:

i. workers directly engaged in construction at the project site; ii. workers at nearby or adjacent facilities used by the contractor or subcontractor for

construction; iii. workers engaged in the transportation of materials, fuel or equipment from one place

on the site of construction to another place on-site; and iv. drivers who deliver materials, fuel, or equipment to the site if they assist in loading or

unloading the delivery vehicle once at the project site, or engage in any other work at the site.

On-site employees who have not completed required safety training within 60 days of beginning work on a project at the latest must be removed from the project and the employer will be subject to penalties as described in the Act.

5. Non-Discrimination. MCC is an equal opportunity/affirmative action employer. If

applicable, Contractor, in performing the work required by the Agreement, agrees to comply with the applicable provision of Executive Order 11246 issued by the President of the United States, September 24, 1965, and the applicable provisions of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the Rehabilitation Act of 1974, all as amended, and to comply with the Rules and Regulations issued thereunder, as set forth at 41 CFR § 10.1-4(a), and 41 CFR § 60-250. Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, age, sex, sexual orientation, gender identity, disability, national origin, veteran status or any other status protected by applicable law. This Contractor and subcontractor shall also abide by the requirements of 41 CFR § 60-300.5(a), and 41 CFR § 60-741.5(a). These regulations prohibit discrimination against qualified protected veterans and qualified


individuals on the basis of disability and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities.

6. Rules and Regulations. Contractor covenants and agrees that Contractor shall

observe all MCC policies and procedures, as well as all rules, regulations, and security requirements concerning the safety of persons and property.

7. Compliance with Laws. Contractor represents and warrants that Contractor shall observe, perform, and comply with all federal, state, and local laws, ordinances, rules, regulations, and all amendments thereto which in any manner may affect the operations and activities undertaken by Contractor pursuant to the Agreement.

8. Employee Eligibility Verification. If a contract will exceed $5,000, Bidder shall

execute and submit an affidavit, in a form prescribed by MCC and included in this Bid Request, affirming that Bidder does not knowingly employ any person in connection with the contracted services who does not have the legal right or authorization under federal law to work in the United States as defined in 8 U.S.C. §1324a(h)(3). Bidder shall attach to the affidavit documentation sufficient to establish Bidder’s enrollment and participation in an electronic verification of work program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration and Reform and Control Act of 1986. Bidder may obtain additional information about E-Verify and enroll at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES.

9. No Debarment. Contractor represents that it is not debarred or suspended from doing business with the federal government and/or any state government, and shall notify MCC if it becomes debarred or suspended during the Term of the Agreement.

10. Immigration Law Compliance. Contractor certifies and agrees that: 10.1. Contractor does not knowingly or intentionally employ individuals who are

ineligible to work in the United States in violation of any federal or applicable state or local laws;

10.2. Any Contractor employee assigned to perform services under this Agreement has satisfied federal I-9 requirements and, to the best of Contractor's knowledge is lawfully present in the United States;

10.3. Contractor does not have any knowledge that any Contractor employee assigned to perform services under this Agreement is ineligible to work in the United States;

10.4. Contractor is enrolled in and participates in a federal work authorization program as required by Missouri law, RSMo 295.525 and .530;

10.5. Contractor will immediately notify Owner of any investigation or legal proceeding involving the federal or state government or of any requests by the U.S. Immigration and Customs Enforcement to inspect Contractor's I-9 or other employment records;

10.6. Contractor agrees to indemnify Owner for any fines, legal fees, or other costs incurred because of investigations into the status of Contractor's employees or whether Contractor's employees are authorized to work in the United States; and

10.7. Contractor agrees to complete and return with Contractors Bid Response a Federal Work Authorization Program (“E-Verify”), and Affidavit.

11. Appropriations. MCC is a political subdivision of the state of Missouri and as such

cannot create indebtedness in any one year above what it can pay out of the annual income of said year. Should MCC determine it has not received adequate appropriations budget allocations income


to enable it to meet the terms of this Contract, MCC reserves the right to cancel this Contract with a 30 days’ notice. Multi-year term and supply contracts and leases and the exercise of options to renew are subject to annual appropriations.

12. Construction Bonds and Prevailing Wages.

12.1. Prevailing Wages. If these specifications or any contract require prevailing

wage, the Contractor shall pay no less than the prevailing hourly rate of wages to all workmen performing work under the Agreement as found by the Department of Labor and Industrial Relation of the State of Missouri in the applicable Wage Determination Order effective as of the date of bidding of this Project for the location of the Project. Contractor shall follow and enforce all requirements of the Prevailing Wage Law. To ensure Contractor’s compliance with the foregoing:

i. Contractor and all subcontractors shall submit certified payroll records to the

MCC. ii. Before making final payment, Contractor and all subcontractors shall submit

an Affidavit to the MCC stating they fully complied with the prevailing wage law. iii. Contractor shall forfeit as a penalty to MCC ten (10) dollars for each workman

employed for each calendar day, or portion thereof, if such workman is paid less than the said stipulated rates for any work done under the Agreement, by such workman or any subcontractor under such workman.

iv. Contractor's bonds shall include such provisions as will guarantee the faithful performance of the prevailing wage clause as provided by contract.

v. Contractor records shall be inspected periodically and when complaints are made pertaining to the wage paid all workmen performing the work.

vi. Before final payment is made on the contract an affidavit must be filed by the contractor stating that he has fully complied with the prevailing wage law.

vii. The current Missouri Wage Order can be acquired online at www.mcckc.edu/purchasing/vendors or via email request to MCC’s

Purchasing department at [email protected]

12.2. Performance & Payment Bonds. If these specifications so require and when

the Contract Sum exceeds $25,000, the Contractor shall procure and furnish a Performance bond and a Payment bond in the form prepared by the Owner. Each bond shall be in the amount equal to one hundred percent (100%) of the Contract Sum, as well as adjustments to the Contract Sum. The Performance Bond shall secure and guarantee Contractor’s faithful performance of this Contract, including but not limited to Contractor’s obligation to correct defects after final payment has been made as required by the Contract Documents. The Payment Bond shall secure and guarantee payment of all persons performing labor on the Project under this Contract and furnishing materials in connection with this Contract. These Bonds shall be in effect through the Duration of the Contract plus the Warranty Period as required by the Contract Documents. Prices quoted for the Scope of Work in this Bid Request shall include the cost of these Bonds.

13. Disclosure of Proprietary / Confidential Information. A contractor may restrict the disclosure of software codes, records relating to the configuration of computer components and/or the operation thereof, and intellectual property in which it has a proprietary interest but only if such information is defined as a "closed" record under Missouri law, including, but not limited to, one or more subsections of Section 610-021, RSMo. In order for any such information or record to be closed, each page of each such document must include in at least sixteen (16) point bold font the words “Proprietary Information.” After either a contract is executed pursuant to the BID or all proposals are rejected, if access to documents so marked is requested under the Missouri Sunshine Law, MCC will


notify the Contractor(s) of the request, and it shall be the burden of each Contractor to establish that the Contractor's documents are exempt from disclosure by law as aforesaid. If the Contractor shall not cooperate with MCC after notice as provided herein, MCC may, in its sole discretion, disclose the Contractor's documents/records/information to the requester without liability to the Contractor for any such disclosure under any theory of common or statutory law. Notwithstanding the foregoing, in response to a formal request for information, MCC reserves the right to release any documents, records and/or information which MCC determines is a public record subject to disclosure pursuant to the Missouri Sunshine Law.

14. Warranty. Contractor warrants to the Owner that all materials and equipment

furnished by Contractor will be of good quality and new unless otherwise required or permitted and free from defects. Contractor further warrants that its labor and workmanship will be of good quality and conform to the highest construction standards. Contractor further warrants that its labor and workmanship will be free from defects. If defects, due to faulty material or equipment supplied by Contractor or labor or workmanship appear within one (1) year from the date of completion of the Work, Contractor shall correct the defects at no cost to Owner.

15. Liability Requirements.

15.1. Insurance. Contractor shall purchase and maintain insurance of the following

types of coverage and limits of liability:

1.1.1. Worker's Compensation insurance, or local equivalent, as prescribed by the law of the state or jurisdiction in which the Project is performed;

1.1.2. Employer's Liability insurance with minimum limits of $1,000,000.00 for each accident or disease;

1.1.3. Commercial General Liability insurance with minimum limits of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate, including (i) bodily injury (including death); (ii) personal injury; (iii) property damage, including damage arising out of explosion, collapse and/or underground hazard exposure; (iv) Products and Completed Operations exposures; (v) independent contractor's liability; and (vi) blanket contractual coverage insuring the indemnity provisions set forth herein;

1.1.4. Commercial Automobile Liability insurance covering "any auto" with minimum limits of $1,000,000.00 per occurrence for bodily injury and property damage;

1.1.5. Excess/Umbrella with minimum limits of $3,000,000; 1.1.6. If removal or disposal of hazardous waste is a part of the Work, Contractor

shall provide Owner with proof of pollution legal liability for transportation, including an MCS 90 endorsement on the auto liability, and disposal site sufficient to protect Owner and Contractor from losses that could arise from Contractor's performance under this Agreement. This coverage and limits must be approved by Owner prior to commencement of the Work.

1.1.7. The Contractor shall also require all sub-subcontractors who may enter upon the Project site to maintain policies with the same limits and coverages as stated herein.

1.1.8. The Commercial General Liability insurance shall (i) include Metropolitan Community College and any other entity reasonably requested by Owner, as additional insureds, (ii) be primary and non-contributory to any insurance maintained by Owner and not subject to any "excess", "pro-rata" or similar type of "other insurance" clause, (iii) contain a severability of interests clause, and (iv) shall be maintained for a period of three years following completion of the Project. All policies shall include a waiver of subrogation against Owner where allowed by law.

1.1.9. The company providing the insurance for the Contractor shall be rated "A-VIII" or better in the current issue of Best's Key Rating Guide and must be approved by Owner; such approval not to be unreasonably withheld.


1.1.10. Certificates of Insurance using the insurance industry standard ACORD form, or equivalent, and a copy of the additional insured endorsement shall be furnished prior to commencement of the Project. Certificates shall include a provision for 60 days’ notice to Owner of cancellation, non-renewal or material policy change. Owner's Corporate Risk Manager may, but shall not be required to, elect to approve in writing coverage amounts lower than those specified above.

15.2. Indemnification. Contractor shall indemnify, defend, and hold MCC, MCC’s

trustees, officers, employees, agents, and representatives harmless against any and all claims, demands, suits, costs, judgments, or other forms of liability, actual or claimed, including reasonable attorneys’ fees, for injury or damage to persons or loss or damage to property occurring or allegedly occurring in connection with any action, inaction, or conduct committed by Contractor or by Contractor’s officers, directors, employees, students, volunteers, agents, or representatives during the term of the Agreement.

15.3. No Waiver. The foregoing provisions shall not be deemed a relinquishment or

waiver of any kind of applicable limitations of liability provided or available to MCC under applicable Missouri governmental immunities law.

16. Tobacco-Free Policy. Contractor agrees to strictly abide by MCC’s tobacco-free

policy, meaning all types of smoking and smokeless tobacco products are prohibited. At all times, MCC shall have the right to enforce such policy pursuant to the terms of the Agreement and under law.

17. Assignment of Services. It is understood the Contractor shall not assign or subcontract the services in the Agreement without the written consent of MCC, and subject to MCC’s approval of said subcontractor’s expertise to complete the assigned portion of the services. Contractor agrees to indemnify MCC for any costs and/or expenses, in whole or in part, that are due any subcontractors or suppliers for services provided under the Agreement.

18. Minority and Women Business Enterprise Participation. It is the practice of Metropolitan Community College (MCC) to ensure full and equitable economic opportunities to persons and businesses that compete for business with the College, including Minority and Women Business Enterprises (M/WBEs). MCC encourages M/WBE participation in contracts for goods and services by firms that are certified. MCC accepts certifications provided by those entities identified on the page in this document titled “Certifying M/WBE Agencies”. This may either be by the primary supplier/contractor being a certified M/WBE or by the utilization of qualified subcontractors, suppliers, joint ventures or other arrangements that afford meaningful opportunities for M/WBE participation. Work performed by M/WBEs must provide a commercially useful function related to the delivery of the service/product required herein. Second tier participation where suppliers generally provide supplies to a corporation but that are not directly related to this contract does not qualify as meaningful participation. MCC will consider certifications from agencies not located in Missouri for M/WBEs not located in Missouri with the approval of the Purchasing Manager. M/WBE means a business that is a sole proprietorship, partnership, joint venture or corporation in which at least fifty-one percent (51%) of the ownership interest is held by minorities or women and the management and daily business operations of which are controlled by one or more minorities or women who own it. Minority is defined as belonging to one of the following racial minority groups: African Americans, Native Americans, Hispanic Americans, Asian Americans, American Indians, Eskimos, Aleuts and other groups that may be recognized by the Office of Advocacy, United States Small Business Administration.


Bidders must indicate their MBE and WBE participation levels committed to this project on the “M/WBE Participation Form” included in this document. The names and percent participation of each MBE and WBE should also be provided on this form. The contractor/supplier shall provide annual reports (or more frequently if requested) of the financial participation of M/WBEs. The report shall include the name(s) and address(es) of the certified M/WBEs, products or services provided and the total dollar amount or percentage of utilization. The annual report shall also include, separately, all second tier participation the contractor/supplier may have. MCC will monitor the contractor/supplier’s compliance in meeting the M/WBE participation levels committed to in the awarded proposal. If the contractor/supplier's payments to participating M/WBEs are less than the amount committed to in the contract, MCC may cancel the contract or suspend or debar the contractor/supplier from participating in future contracts. If a participating M/WBE fails to retain their certification or is unable to satisfactorily perform, the contractor/supplier must obtain other certified M/WBEs to fulfill the M/WBE participation requirements committed to in the awarded proposal. The contractor/supplier must obtain the written approval of the Purchasing Manager for any new M/WBE participants. This approval shall not be arbitrarily withheld. If the contractor/supplier cannot obtain an M/WBE replacement, the contractor/supplier must submit documentation to the Purchasing Manager detailing all efforts made to secure an M/WBE replacement. The Purchasing Manager shall have sole discretion in determining if the actions taken by the contractor/supplier constitute a good faith effort to secure the participation of M/WBEs and whether the contract will be amended to change the M/WBE participation commitment.


M/WBE PARTICIPATION FORM If proposing MBE/WBE participation, the contractor/supplier must indicate below the percentage of qualified MBE and WBE participation committed to in relation to the total dollar value of the contract regardless of whether the contractor/supplier is awarded one, some or all of the categories being proposed. Overall, the MBE and WBE participation must not be contingent upon award of a specific category and the contractor/supplier, if awarded a contract, must be able to achieve the stated participation for the resulting contract regardless of the categories awarded or not awarded. The contractor/supplier must be able to achieve participation stated below for the total value of the awarded contract(s). If the contractor/supplier is a qualified MBE and/or WBE, the contractor/supplier may indicate 100% participation. The contractor/supplier is committed to the following MBE and WBE participation on this bid:

Total MBE Participation _______% Total WBE Participation _______% Complete the following table indicating the firms used to meet the participation levels indicated.

MBE Firm Name MBE % of Contract

WBE Firm Name WBE % of Contract

THIS FORM MUST BE SUBMITTED WITH THE BID


GOOD FAITH AFFIDAVIT – CONSTRUCTION

Contractor Certification of Good Efforts As defined in this Certification, “Good Faith” efforts are attempts, given all relevant circumstances, a contractor actively and aggressively seeking M/WBE participation can be reasonably expected to make. With regard to the subject Contract (bid), the undersigned hereby certifies that Contractor (bidder) took the following steps: A. Provided meaningful notice to a reasonable number of minority and women business

organizations of specific opportunities to participate in the contract.

B. Sent written notices by certified mail, email, facsimile or telephone to qualified certified MBE and WBEs soliciting their participation in the contract.

C. Attempted to identify portions of the above work suitable for qualified, MBE and WBE participation in order to increase the likelihood of participation; Including breaking down contracts into economically feasible units where applicable;

D. Requested assistance in achieving participation from the M/WBE Supplier Diversity Coordinator;

E. Conferred with qualified MBE and WBEs and explained the scope and requirements of the work for which their bid proposals were solicited;

F. Attempted to negotiate in good faith with qualified, MBEs and WBEs to perform specific subcontracts, not rejecting them as unqualified without sound reasons based on a thorough investigation of their capabilities;

G. Followed up initial solicitations of interest by contacting MBEs and WBEs to determine whether the MBEs and WBEs were interested;

H. Made efforts to refer interested MBEs and WBEs to entities who may be able to assist them in obtaining bonding, lines of credit or insurance; and

I. Effectively used the services of available minority community organizations, minority contractor groups, local state and federal minority business assistance offices, and other organizations that provide assistance in the recruitment and placement of MBEs and WBEs, and

J. Contractor has provided MCC with back-up documentation verifying bidder’s compliance with those items listed above.

Date Signature Print Name Company Title Address City/State/Zip Telephone Fax Email


State of ) County of ) ss On this __ day of __ _ , in the year _ , before me, appeared ___________________________, known to me to be the person who executed this certification and acknowledged to me that he/she executed the same for the purposes stated therein. In testimony whereof, I have set my hand and affixed my official seal. Notary Public My Commission Expires:


MISSOURI WAGE AND LABOR STANDARDS

A. It is the statutory policy of the State of Missouri “that a wage of no less than the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed, shall be paid to all workmen employed by or on behalf of any public body engaging in public works exclusive of maintenance work.” Section 290.220.RSMo. Because of the strict penalties prescribed for the failure to comply with the procedure required by law in order to effectuate this policy, the following is suggested as a primary “check off list” to be used by every person charged with any responsibility under the law before taking off on any public works project.

B. The prevailing hourly rate of wages in this locality for each type of workman needed to

execute the contract and also the general prevailing rate for legal holiday and overtime work, all as determined by the Division of Labor Standards. See attached exhibit.

C. The Contractor shall forfeit as a penalty to the College on whose behalf the contract is

awarded, ten (10) dollars for each workman employed for each calendar day, or portion thereof, such workman is paid less than the said stipulated rates for any work done under said contract, by him or any subcontractor under him.

D. Contractor’s bonds shall include such provisions as will guarantee the faithful

performance of the prevailing wage clause as provided by contract. E. Contractor records shall be inspected periodically and when complaints are made

pertaining to the wage paid all workmen employed in the construction of the public works. F. All contractors and each subcontractor engaged in any work shall submit certified

copies of their weekly payrolls to the contracting body for work performed on the project. G. Before final payment is made on the contract an affidavit must be filed by the contractor

stating that he has fully complied.


AFFIDAVIT

COMPLIANCE WITH THE PREVAILING WAGE LAW Before me, the undersigned Notary Public, in and for the County of ____________, State of_______________________, personally came and appeared , of (Name) (Position) the , (Name of Company) (a corporation) (a partnership) (a proprietorship), and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Sections 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Wage Determination No. _____ issued by the Division of Labor Standards on the ___ day of _______, 2____, in carrying out the contract and work in connection with (Name of Project) located at in (Name of Institution) County, Missouri, and completed on the day of , 2 . (Signature) Subscribed and sworn to me this day of , 2 . My Commission expires , 2 . Notary Public (Signature) Subscribed and sworn to me this day of , 2 . My Commission expires , 2 . Notary Public


FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUM

For Contracts with The Junior College District of Metropolitan Kansas City, Missouri aka Metropolitan Community College, a public community college district and political subdivision of the State of Missouri (“MCC”). Pursuant to Missouri Revised Statute 285.530, all business entities awarded any contract in excess of five thousand dollars ($5,000) with a Missouri political subdivision must, as a condition to the award of any such contract, be enrolled and participate in a federal work authorization program with respect to the employees working in connection with the contracted services being provided, or to be provided, to MCC (to the extent allowed by E-Verify). In addition, the business entity must affirm the same through sworn affidavit and provision of documentation. In addition, the business entity must sign an affidavit that it does not knowingly employ any person who is an unauthorized alien in in connection with the services being provided, or to be provided, to MCC. Accordingly, your company: (a) Agrees to have an authorized person execute the attached “Federal Work Authorizat ion Program Affidavit” and deliver the same to MCC prior to or contemporaneously with the execution of its contract with MCC; (b) Affirms it is enrolled in the “E-Verify” work authorization program in the United States, and is participating in E-Verify with respect to your employees working in connection with the services being provided (to the extent allowed by E-Verify), or to be provided; (c) Affirms that it is not knowingly employing any person who is an unauthorized alien in connection with the services being provided, or to be provided, by your company to the district. (d) Affirms you will notify MCC if you cease participation in E-Verify, or if there is any action, claim or complaint made against you alleging any violation of Missouri Revised Statue 285.530, or any regulations issued thereto; (e) Agrees to provide documentation of your participation in E-Verify to MCC prior to or contemporaneously with the execution of its contract with MCC (or at any time thereafter upon request by MCC), by providing to MCC an E-Verify screen print out (or equivalent documentation) confirming your participation in E-Verify; (f) Agrees to comply with any state or federal regulations or rules that may be issued subsequent to this addendum that relate to Missouri Revised Statute 285.530; and (g) Agrees that any failure by your company to abide by the requirements a) through f) above will be considered a material breach of your contract with MCC. By: (Signature) Name and Title: For and on behalf of:

(Company)


FEDERAL WORK AUTHORIZATION PROGRAM AFFIDAVIT

I, ___________________, being of legal age and having been duly sworn upon my oath, state

the following facts are true: 1. I am more than twenty-one years of age; and have first-hand knowledge of the matters

set forth herein.

2. I am employed by _______________________________ (“Company”) and have

authority to issue this affidavit on its behalf.

3. Company is enrolled in and participating in the United States E-Verify federal work

authorization program with respect to Company’s employees working in connection with the services

Company is providing to, or will provide to MCC, to the extent allowed by E-Verify.

4. Company does not knowingly employ any person who is an unauthorized alien in connection with the services Company is providing to, or will provide to, the MCC. FURTHER AFFIANT SAYETH NOT. By: __________________________________________ (Signature)

Print Name/Title: ___________________________________ On Behalf of: _____________________________ (Company) STATE OF ) ) ss. COUNTY OF ) Submitted and sworn to before me this ____ day of _______, 201___. __________________________________ Notary Public __________________________________ Print Notary Name My commission expires:


NON-COLLUSION AFFIDAVIT

The undersigned, being duly sworn on oath says, that he is the contracting party, or that he is the representative, agent, member, or officer of the contracting party, that he has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him, directly or indirectly , entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of the annexed contract other than that which appears upon the face of the contract. Signature: Name: Title: Company: Date: State of Missouri ) ) ss County of ) On this day_____ day of ______, 20___, before me, a Notary Public, personally appeared the above-named person who acknowledged signing the above instrument as a free act and deed. Notary Public My commission expires:


SAMPLE CONTRACT

____________________ SERVICES AGREEMENT (Limited Scope Project)

THIS _______ SERVICES AGREEMENT is made effective on the ____ day of _____________, 2_____, by and between: OWNER: Junior College District of Metropolitan

Kansas City, Missouri a/k/a MCC 3200 Broadway Kansas City, MO 64111

And CONTRACTOR:

PROJECT: (locations)

CONTRACT PRICE: $______________________ RETAINAGE: Five percent (5%) The parties agree as follows: 2. The Work. Contractor agrees to furnish and pay for all labor, material, equipment, tools,

machinery, transportation, testing, inspections, waste disposal, bonds, permits, licenses, and insurance, and all other work or services required to fully perform and complete the scope of work (Work) as specified in or reasonably inferable from (i) Owner’s Bid # enter number – enter title (including Addendum #1, and Addendum #2, if applicable), (ii) the plans and specification listed in the Project Manual, if applicable, and (iii) Contractor’s Response to Bid # enter number – enter title , collectively incorporated herein by reference, and as further detailed in Exhibit A – Scope of Work (Exhibit A), attached hereto and incorporated herein. All of which the forgoing documents that include without limitation the list of drawings, specifications, and addenda, and any written modifications executed by both parties that are issued after the execution of this Agreement, shall become a part of this Agreement (the “Contract Documents”). 3. Commencement and Completion Dates. Contractor will start and stop working when

notified by Owner and will perform its work with diligence and promptness as requested by Owner, all in accordance with the following dates:

3.1. Commencement. Contractor shall commence the Work on or before enter date . 3.2. Substantial Completion. Contractor shall substantially complete the Work on or

before enter date . The term "Substantial Completion", as used herein, shall mean that point at which, as certified in writing by Owner’s Director of Facility Services, Doug Lightfoot, or his appointed designee, the Work is at a level of completion in strict compliance with this


Agreement such that Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Work shall not result in the Work being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion.

4. Payments.

4.1. Owner shall pay, and Contractor shall accept, as full and complete payment for Contractor's timely performance of its obligations hereunder an amount not to exceed $ ___________ , based on applicable prevailing hourly wages pursuant to Section 8 herein, as per the detail in the Table of Compensation, below, and the Scope of Work as defined in Exhibit A.

Table of Compensation

Scope of Work Base Amount Total

Base Bid $ $

4.2. The price set forth in this subparagraph shall constitute the Contract Price, which shall not be modified except by Change Order as defined in Section 11 herein.

4.3. Unless otherwise agreed upon in writing by the parties, Contractor shall submit a monthly application for payment to Owner and Owner’s Director of Facilityies Services. Owner shall make monthly progress payments to Contractor for the percentage of the Work satisfactorily performed less five percent (5%) retainage. Contractor shall submit a release of liens and claims with each monthly payment request. 4.4. Contractor shall pay Owner the sum $250.00 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. Any sums due and payable hereunder by Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner, estimated at the time of executing this Contract. When Owner reasonably believes that Substantial Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due Contractor an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Contractor those funds withheld, but no longer applicable, as liquidated damages. 4.5. Owner shall pay Contractor within thirty days after receipt of a properly submitted application for payment, and approval of such application by Owner and Owner’s Director of Facility Services. 4.6. Owner may withhold payment to Contractor in order to protect Owner from loss arising out of the Work, including without limitation, loss arising out of the following: a) defective equipment, materials, or labor, which is not remedied; b) claims filed by third parties relating to the Work on the Project; c) failure of to pay subcontractors or to pay for labor, material, or equipment; d) reasonable evidence that the Work cannot be completed for the unpaid balance of this Agreement; or e) damage to the Owner or another person or entity caused by Contractor or Contractor’s subcontractors or material suppliers.


4.7. When the Work is substantially complete and upon application by Contractor, Owner shall pay Contractor the full Contract Price less any amount necessary to cover costs of items to be completed or corrected by Contractor multiplied by 1.5 or as otherwise provided by law or such other sums as may be withheld by Owner in accordance with these Terms and Conditions.

4.8. Final payment, constituting the entire unpaid balance of the Contract Price, shall be made by Owner to Contractor when the Work is fully performed and accepted by Owner. Final payment shall not become due until Contractor has submitted to Owner the following: (1) final application for payment, (2) releases of liens and claims in a form acceptable to Owner, (3) all guarantees and warranties applicable to the Work, (4) all applicable maintenance and operating manuals, (5) “as-built” or “as-constructed” drawings, if applicable, (6) final Payment Affidavit, (7) final certified payroll reports and documentation and an Affidavit of Compliance with the Prevailing Wage law from Contractor and all subcontractors, and (8) consent of surety to final payment.

5. Payment and Performance Bonds. Contractor will furnish bonds covering the faithful performance of this Agreement and payment of all obligations arising under this Agreement. The cost of such bonds shall be included in the Contract Price. The bonds shall be written by a surety satisfactory to Owner and in the form acceptable to the Owner. The bonds shall name the Owner, as obligee. 6. Insurance. Contractor shall purchase and maintain insurance of the following types of coverage and limits of liability:

6.1. Worker's Compensation insurance, or local equivalent, as prescribed by the law of the state or jurisdiction in which the Project is performed;

6.2. Employer's Liability insurance with minimum limits of $1,000,000.00 for each accident or disease; 6.3. Commercial General Liability insurance with minimum limits of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate, including (i) bodily injury (including death); (ii) personal injury; (iii) property damage, including damage arising out of explosion, collapse and/or underground hazard exposure; (iv) Products and Completed Operations exposures; (v) independent contractor's liability; and (vi) blanket contractual coverage insuring the indemnity provisions set forth herein; 6.4. Commercial Automobile Liability insurance covering "any auto" with minimum limits of $1,000,000.00 per occurrence for bodily injury and property damage; 6.5. Excess/Umbrella with minimum limits of $3,000,000; 6.6. If removal or disposal of hazardous waste is a part of the Work, Contractor shall provide Owner with proof of pollution legal liability for transportation, including an MCS 90 endorsement on the auto liability, and disposal site sufficient to protect Owner and Contractor from losses that could arise from Contractor's performance under this Agreement. This coverage and limits must be approved by Owner prior to commencement of the Work. 6.7. The Contractor shall also require all sub-subcontractors who may enter upon the Project site to maintain policies with the same limits and coverages as stated herein.


6.8. The Commercial General Liability insurance shall (i) include Metropolitan Community College and any other entity reasonably requested by Owner, as additional insureds, (ii) be primary and non-contributory to any insurance maintained by Owner and not subject to any "excess", "pro-rata" or similar type of "other insurance" clause, (iii) contain a severability of interests clause, and (iv) shall be maintained for a period of three years following completion of the Project. All policies shall include a waiver of subrogation against Owner where allowed by law. 6.9. The company providing the insurance for the Contractor shall be rated "A-VIII" or better in the current issue of Best's Key Rating Guide and must be approved by Owner; such approval not to be unreasonably withheld.

6.10. Certificates of Insurance using the insurance industry standard ACORD form, or equivalent, and a copy of the additional insured endorsement shall be furnished prior to commencement of the Project. Certificates shall include a provision for 60 days’ notice to Owner of cancellation, non-renewal or material policy change. Owner's Corporate Risk Manager may, but shall not be required to, elect to approve in writing coverage amounts lower than those specified above.

7. Sales Taxes. The Project is exempt from sales taxes for the purchase of material, supplies, and tangible personal property to be incorporated or consumed in the construction of the Project. Owner will provide Contractor a Project Exemption Certificate to use in purchasing materials to be incorporated into the Project. 8. Terms and Conditions. The Owner may issue a Purchase Order or other documents for the

Work. The Purchase Order or other documentation is for payment purposes only. In the event that any provision of any Purchase Order, invoice, acknowledgment, quotation, delivery ticket, authorization, schedule, or other document whatsoever provided by either party to the other conflicts with the provisions of this Agreement and any and all Exhibits, addenda, or amendments incorporated therein, the provisions of this Agreement shall control and such provisions shall be void and unenforceable. 9. Prevailing Wages. Contractor shall pay no less than the prevailing hourly rate of wages to all workmen performing work under this Agreement as found by the Department of Labor and Industrial Relation of the State of Missouri in the applicable Wage Determination Order effective as of the date of bidding of this Project for the location of the Project. Contractor shall follow and enforce all requirements of the Prevailing Wage Law. The Contractor and all subcontractors shall submit certified payroll records to the Owner. Before making final payment, the Contractor and all subcontractors shall submit an Affidavit to the Owner stating they fully complied with the prevailing wage law. 10. Exhibits. The following Exhibits are attached hereto and incorporated herein, and are part of

the Contract Documents: Exhibit A – Scope of Work;

Exhibit B – Certification Contractor Is Not Excluded from Federal or State Programs (Contractor shall sign, have notarized, and return the Non-Exclusion Certification to Owner with the signed Agreement); and

Exhibit C – Federal Work Authorization Program (“E-Verify”), and Affidavit (Contractor shall sign, notarize, and return this Affidavit with the signed Contract).

11. Notices. Communications relating to this Agreement shall be in writing and communicated

by certified mail, return receipt requested, or overnight courier to the addresses listed above or as


may be later designated by written notice to the other party. If to Owner, communications shall be to the attention of Kathy Walter-Mack, Chief of Staff to the Chancellor; if to the Contractor, communications shall be to the attention of enter name & title . 12. Changes in the Work. Owner, without invalidating this Agreement, may order changes in

the Work consisting of additions, deletions, or modifications. Owner reserves the right, at its sole discretion, to limit or make deletions to the Scope of Work by written notice to Contractor in the form of a “Work Reduction – Change Order.” The Contract Price and time to complete the Work shall be changed only by written change order. The cost or credit to the Owner from a change in the Work that increases the Scope of Work shall be determined by mutual written agreement. Such changes that increase the Scope of Work shall be authorized by written change order signed by both Owner and Contractor (“Change Order(s)”). 13. Limitation of Obligation. Any work performed in excess of the stated obligated amount shall

be at the Contractor's risk. Work shall not be supplied in excess of quantities specified in the Agreement. Contractor shall be liable for handling charges and return shipment costs for any excess quantities of materials shipped. 14. Execution and Progress of the Work. Contractor shall cooperate with Owner, in scheduling

and performing the Work to avoid conflict, delay in or interference with Owner’s use of the property. Contractor shall begin work as soon as instructed to do so by Owner and shall perform the work promptly, efficiently, and at a speed as determined by Owner so as to not damage, delay or interfere with Owner or the operation of the facility. Contractor agrees that Owner may require Contractor to prosecute some parts of the Work in preference to others as Owner may specify from time to time. Owner cannot ensure completion by any agreed upon completion date because of factors which may delay completion, including, weather, change orders, labor disputes or shortages, fire, unusual delay in deliveries, casualties or other causes beyond Owner’s control. Contractor shall take necessary precautions to protect the work of others or Owner’s property from damage caused by the Work. 15. Safety. Contractor shall be responsible for safety including compliance with governmental requirements in the performance of the Work, including without limitation OSHA. 16. Tobacco-Free Policy. The Contractor agrees to strictly abide by the District's tobacco-free policy, meaning all types of smoking and smokeless tobacco products are prohibited. At all times, the District shall have the right to enforce such policy pursuant to the terms of this Agreement and under law. 17. Laws, Permits, Fees, and Notices. Contractor shall give notices and comply with laws,

ordinances, rules, regulations and orders of public authorities bearing on performance of the Work. Contractor shall secure and pay for permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 18. Confidentiality/Disclosure of Proprietary Information. A Contractor may restrict the

disclosure of software codes, records relating to the configuration of computer components and/or the operation thereof, and intellectual property in which it has a proprietary interest but only if such information is defined as a "closed" record under Missouri law, including, but not limited to, one or more subsections of Section 610-021, R.S.Mo. In order for any such information or record to be closed, each page of each such document must include in at least sixteen (16) point bold font the words “Proprietary Information.” If access to documents so marked is requested under the Missouri Sunshine Law, Owner will notify the Contractor(s) of the request, and it shall be the burden of each Contractor to establish that the Contractor's documents are exempt from disclosure by law as aforesaid. If the Contractor shall not cooperate with Owner after notice as provided herein, Owner may, in its sole discretion, disclose the Contractor's documents/records/information to the requester


without liability to the Contractor for any such disclosure under any theory of common or statutory law. Notwithstanding the foregoing, in response to a formal request for information, Owner reserves the right to release any documents, records and/or information which Owner determines is a public record subject to disclosure pursuant to the Missouri Sunshine Law. 19. Force Majeure. Neither party shall be liable for damages or have the right to terminate the Agreement for any delay or default in performance if the delay or default is due to conditions beyond their control. Such conditions include, but are not limited to, an act of God, government restriction, or any other cause beyond the reasonable control of the party obligated to perform. 20. Severability. If for any reason, any term, covenant, or condition hereof shall be determined

to be invalid or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall not be affected thereby. 21. Survival. All representations, warranties, and indemnifications made herein shall survive

termination or cancellation of the Agreement. 22. No Third Party Beneficiary Rights. No third party may enforce or rely upon any obligation

of, or the exercise of or failure to exercise any right of, the District or the Contractor in the Agreement. Nothing in this Agreement, whether express or implied, is intended to create any rights or remedies on any third party beneficiary. 23. Remedies. All rights and remedies of the parties, in law or equity, are cumulative and may be exercised concurrently or separately. The exercise of one (1) remedy will not be an election of that remedy to the exclusion of other remedies. 24. Non-Waivers. No delay or omission by the parties in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion. 25. MBE/WBE Participation/Compliance. The Contractor shall remain in compliance with its

MBE/WBE ("M/WBE") participation levels committed to in this Agreement, if any, under the Contractor's proposal. The Contractor shall provide written reports as requested by Owner of the financial participation of M/WBEs. The report shall include the names and addresses of the certified M/WBEs, services, equipment, products, materials, or supplies provided, and the total dollar amount or percentage of utilization. 26. Clean Up. Contractor shall keep the work area and surrounding area free from accumulation

of waste materials or rubbish caused by the Work. 27. Hazardous Conditions. If the removal or disposal of hazardous waste is a part of the Work,

Contractor shall comply with all local, state, and federal laws regarding the handling and disposal of such waste. Contractor agrees to indemnify and hold harmless the Owner and the Owner from and against any and all loss, injury, claims, actions, proceedings, liability, damages, fines, penalties, cost and expenses, including legal fees and disbursement, caused directly or indirectly by the handling and disposal of such materials. In the event that Contractor encounters unknown material on the site that is reasonably believed to be a hazardous substance, including without limitation, asbestos-containing material, Contractor will immediately stop work in the area affected and report the condition to Owner. 28. Warranty. Contractor warrants to the Owner that all materials and equipment furnished by

Contractor will be of good quality and new unless otherwise required or permitted and free from


defects. Contractor further warrants that its labor and workmanship will be of good quality and conform to the highest construction standards. Contractor further warrants that its labor and workmanship will be free from defects. If defects, due to faulty material or equipment supplied by Contractor or labor or workmanship appear within one (1) year from the date of completion of the Work, Contractor shall correct the defects at no cost to Owner. 29. No Debarment. Contractor represents that it is not debarred or suspended from doing

business with the federal government and/or any state government, and shall notify Owner if it becomes debarred or suspended during the Term of this Agreement. 30. Indemnification. Contractor agrees to protect, indemnify, defend, and hold harmless Owner,

and the Owner’s employees, directors, and officers, from and against (i) all claims, causes of action, liabilities, obligations, demands, costs and expenses arising out of injury to (including death of) any and all persons or damage to property alleged to have been caused by any act or omission of Contractor, its agents, employees or invitees, or arising out of, or incidental, directly or indirectly, to the performance of this Agreement regardless of how such injury, death or damage caused, and (ii) all claims, causes of action, liabilities, damage, judgments and expenses caused by any act or omission (whether or not negligent) of Contractor or anyone who performs for the Contractor. 31. Claims. Contractor shall make claims promptly to Owner in writing. 32. Correction of Defective Work/Right to Stop Work.

32.1. Contractor shall promptly correct Work rejected by Owner. If Contractor fails to correct Work which is not in accordance with the requirements of the Agreement or persistently fails to carry out the Work in accordance with the Agreement, Owner, by written order, may order Contractor to stop the Work or any portion of the Work, until the cause for such order has been eliminated.

32.2. If Contractor defaults or neglects to carry out the Work in accordance with this Agreement and fails within three (3) working days after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, Owner may, without prejudice to any other remedy Owner may have, make good such deficiencies and may deduct the cost thereof from the payments then or thereafter due Contractor.

33. Termination. If the Contractor fails or neglects to carry out the Work or otherwise to perform in accordance with this Agreement and fails within seven (7) working days after receipt of written notice to commence and continue correction of such default or neglect with diligence and promptness, Owner may terminate a this Agreement in Owner’s sole discretion, and finish the Work by whatever method Owner may deem expedient. Owner may also terminate this Agreement for its convenience (without cause) with seven days written notice. If the Owner terminates this Agreement for its convenience, Contractor shall not be entitled to overhead or profit on work not performed. 34. Successors and Assignments. This Agreement shall not be assigned by either party without

the prior written consent of the other party and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 35. Assignment of Work. It is understood the Contractor shall not assign or subcontract the Work of this Agreement without the written consent of Owner, and subject to Owner’s approval of said subcontractor’s expertise to complete the assigned portion of the Work.


36. Powers and Authority. Neither party may sign any document, perform any act, or make any

commitment nor undertaking on behalf of the other party without such other party’s express written consent. 37. Independent Contractor. Contractor is an independent contractor in all its operations and

activities. The employees used by Contractor to perform Work under this Agreement shall be Contractor’s employees exclusively without any relation whatsoever to Owner. 38. Changes in Financial Conditions. Contractor agrees to immediately notify Owner in writing

of any of the following events regarding its financial conditions: (i) insolvency or failure to pay its obligations as they mature; (ii) the appointment of a receiver or trustee to have control over any of its assets; (iii) the filing of a petition in bankruptcy, whether voluntary or involuntary, under the Federal Bankruptcy Act; or (iv) any materially adverse change determined in accordance with Generally Accepted Accounting Principles which may affect the performance of its obligations. 39. Compliance with Law. Contractor will comply with all statutes, rules, regulations and codes

of the governmental agencies having jurisdiction over the property, project, and/or the Work.

A. Contractor has complied with and will maintain in compliance with the requirements of RSMo 285.230 - .234 regarding transient employers (out-of-state employers who temporarily transact business in Missouri). B. Contractor will comply with the Missouri Domestic Products Procurement Act, RSMo 34.350, regarding the use of goods or commodities in the performance of this Agreement that are manufactured, assembled or produced in the United States.

40. Equal Opportunity/Non-Discrimination. Owner is an equal opportunity / affirmative action employer. If applicable, Contractor, in performing the work required by this Agreement, agrees to comply with the applicable provision of Executive Order 11246 issued by the President of the United States, September 24, 1965, and the applicable provisions of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the Rehabilitation Act of 1974, all as amended, and to comply with the Rules and Regulations issued thereunder, as set forth at 41 CFR § 10.1-4(a), and 41 CFR § 60-250. Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, age, sex, sexual orientation, gender identity, disability, national origin, veteran status or any other status protected by applicable law. This Contractor and subcontractor shall also abide by the requirements of 41 CFR § 60-300.5(a), and 41 CFR § 60-741.5(a). These regulations prohibit discrimination against qualified protected veterans and qualified individuals on the basis of disability, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities. 41. Immigration Law Compliance. Contractor certifies and agrees that:

A. Contractor does not knowingly or intentionally employ individuals who are ineligible to work in the United States in violation of any federal or applicable state or local laws; B. Any Contractor employee assigned to perform services under this Agreement has satisfied federal I-9 requirements and, to the best of Contractor's knowledge is lawfully present in the United States; C. Contractor does not have any knowledge that any Contractor employee assigned to perform services under this Agreement is ineligible to work in the United States;


D. Contractor is enrolled in and participates in a federal work authorization program as required by Missouri law, RSMo 295.525 and .530; E. Contractor will immediately notify Owner of any investigation or legal proceeding involving the federal or state government or of any requests by the U.S. Immigration and Customs Enforcement to inspect Contractor's I-9 or other employment records; F. Contractor agrees to indemnify Owner for any fines, legal fees, or other costs incurred because of investigations into the status of Contractor's employees or whether Contractor's employees are authorized to work in the United States; and G. Contractor agrees to complete and return to Owner, within ten days of a request by Owner, as may occur from time to time, an immigration compliance affidavit. H. Governing Law. This Agreement shall be governed by and construed according to laws of the State of Missouri.

42. Entire Agreement. This Agreement constitutes the entire agreement and understanding

between the parties with respect to the subject matter hereto and supersedes all offers, negotiations, discussions, and other agreements that occurred prior to the date of the execution of this written Agreement. Any amendments to this Agreement must be in writing and executed by both parties.

43. Execution. This Agreement may be executed in counterparts, which together constitute one and the same Agreement. If a party sends a signed copy of this Agreement via digital transmission, such party will, upon request by the other party, provide an originally signed copy of this Agreement. No member or officer of Owner incurs personal liability by the execution or default of this Agreement. All such liability is released by Contractor as a condition of and consideration of the execution of this Agreement.

The parties have caused this Agreement to be executed by their authorized representatives, on the day and year written below. Junior College District of Metropolitan Contractor's name Kansas City, Missouri

By: By: Name: Name: Title: Title: Date: Date:


EXHIBIT A SCOPE OF WORK


EXHIBIT B

Certification Contractor is Not Excluded From Federal or State Programs

(This Certification Must Be Notarized) THIS CERTIFICATION MUST BE COMPLETED BY THE CONTRACTOR IF THE ANTICIPATED AGREEMENT IS $100,000 OR MORE. The undersigned, an authorized representative of the Contractor, hereby warrants, represents, and certifies that the following statements are correct: 1) that the undersigned has the authority to execute this Certification on behalf of the Contractor; 2) that the Contractor has not been excluded from any procurement and non-procurement programs with the United States government as identified by the U. S. General Service Administration Office of Acquisition Policy or from any other state or local governmental agency or department. The undersigned understands that these representations go to the essence of this Agreement and false statements with regard to or actions in violation of these representations, at any time, constitute sufficient grounds for rejection of the award of this Agreement or the termination of this Agreement. _____________________________________________ Print Name and Title _____________________________________________ Signature Subscribed and sworn to before me this _______day of__________________________, 20__. ________________________________________________ Notary Public My Commission Expires: ___________________________________


PART III ACKNOWLEDGEMENT OF RECEIPT, APPENDIX


ACKNOWLEDGEMENT OF RECEIPT

16-7140-CP – Boiler Replacements

Please fill in the requested information below and return to the Purchasing Department, as acknowledgement that you have received the Request for Proposal noted above. This is not required but by submitting this form, we will be able to provide notification of any addenda to the RFP.

Metropolitan Community College Purchasing Department

Email: [email protected] Fax: 816-759-1221

Name of Firm:

Address:

City/State/Zip:

Phone: Fax:

Name (Print):

Title:

Email Address:

Signature: Date:

☐ Yes, our company does have an interest in responding.

☐ No, our company does NOT have an interest in responding.

Submit this form to MCC prior to NOON on July 20, 2016

(Proposals can still be submitted even if this form has not been sent to MCC prior to this date. Please check www.mcckc.edu/purchasing/bids for revisions or addenda that may not have been received.)