METROPOLITANCOMMUNITYCOLLEGE
3200BROADWAY–KANSASCITY,MISSOURI64111
(816)604‐1100/purchasing.info@mcckc.edu
BID NUMBER
Purchase of Supplies
INQUIRY FOR PRICE – NOT AN ORDER
16-7128-NC
March 15, 2016
An Equal Opportunity Employer
DATE
Metropolitan Community College (MCC), a public community college district and political subdivision of the State of Missouri,
extends an invitation to qualified providers with the necessary resources and experience to submit proposals.
Quotations are requested on the following list of materials, articles or products for delivery to the College or Department designated, subject to the conditions of the inquiry.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Submit one copy of proposal, and an electronic copy, in a sealed envelope marked "Quotation on Bid Number (As Shown)".
Prices must be stated in units of quantity specified and extended in total column.
Proposals, to receive consideration, must be received prior to time designated in this inquiry.
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.
MO SALES AND USE TAX not applicable to any purchase. Exemption certificate furnished as required.
Any bid may be withdrawn at any time prior to that specified herein for the opening of bids, but no bid may be withdrawn for a period of sixty (60) days thereafter.
Instructions, manufacturer's catalog numbers, etc., where shown herein, are for descriptive purposes to guide the bidder in interpreting the standard of quality,
design and performance required, and shall not be construed to exclude proposals based on furnishing other types of materials or products. However, any
substitution or departure proposed by bidder must be clearly noted and described and must meet the prescribed specifications as to standard of quality, general
design and performance required.
Samples must be furnished free of expense as requested, and will, upon request, be returned at the bidder’s expense.
Prices quoted, unless otherwise stated by bidder, are to include any packing, crates, containers, etc., necessary to complete delivery as designated herein.
It is to be understood the bidder, if awarded an order or contract agrees to protect, defend and save harmless the Board of Trustees from any suits or demands for
payment that may be brought against it for the use of any patented material, process, article or device that may enter into the manufacture, construction or form a
part of the work covered by either order or contract; and he further agrees to indemnify and save harmless the Board of Trustees from suits or actions of every
nature and description brought against it for, or on account of any injuries or damages received or sustained by any party or parties by, or from any of the acts of the
contractor, his servants or agents.
A 5% preference shall be granted to all firms, corporations, or individuals doing business as a Missouri firm, corporation or individual on all orders or contracts other
than new construction, provided the additional cost to the District does not exceed $500.
Information pertaining to any item of this request may be obtained by submitting a request via email to Purchasing.Info@mcckc.edu.
The terms bidder(s), vendor(s), and contractor(s) shall have the same meaning herein.
If an award will exceed $5,000, bidder shall execute and submit an affidavit prescribed by MCC affirming it does not knowingly employ any person who does not
have legal authorization to work in the United States.
Closing Time of Bids:
11:00AM. on 3/24/16
Diane Pacheco
Purchasing Manager
Bid request per attached specifications for:
Sealed Bid No. 16-7128-NC– Groundskeeping Supplies
And submitted in a sealed envelope, with an electronic copy, addressed to:
Purchasing Manager
Metropolitan Community College
3200 Broadway
Kansas City, MO 64111
Prices are to be quoted F.O.B College or Department designated.
Terms:
% cash discount if paid within
days from delivery and acceptance of goods.
Delivery to destination specified within inquiry, to be completed within
days from receipt of order.
Note: Delivery time may be a factor in determining award.
THIS CERTIFICATE MUST BE EXECUTED BY BIDDER
In compliance with the above invitation for bids, and subject to all of the conditions thereof, the undersigned agrees, if this bid be
accepted within sixty (60) days, to furnish any or all of the items upon which prices are quoted in accordance with the price for each
item.
Printed Name of Company
Signature
Company Mailing Address
Printed Name
City/State/Zip
Title
/
Email Address
Phone Number/Fax Number
BidRequestNo.16‐7128
GroundskeepingSupplies
MetropolitanCommunityCollege
Page2
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Bid Specifications
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 providers with the
necessary resources and experience to submit proposals for Groundskeeping Supplies. Items listed on the
bid forms are the most commonly ordered items. During the period of the contract, MCC may opt to purchase
items upon several occasions. MCC reserves the right to not purchase all items. Any exceptions to the terms
and conditions of this BID shall be stated clearly and it is at MCC’s discretion whether the exception shall be
accepted or shall invalidate the proposal.
General Description
Metropolitan Community College is seeking to purchase the following lawn chemicals and grounds supplies.
Quantities specified are estimates and not guarantees of amounts to be purchased. We wiil purchase products
in the season in which they are needed. Additional purchase orders may be issued, as needed, throughout the
contract period for smaller quantities.
Product Requested
Size
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Lesco Threeway Selective
Herbicide
Round-up Herbicide
Sedge Hammer
Barricade Pre-Emergent +
Fertilizer 18-0-04
Weed ‘N’ Feed
Winning Colors 3-Way Tall
Fescue Seed
Spreader Sticker Surfactant
Heritage Fungicide Wettable
Powder
Snapshot
46-0-0 Fertilizer/Winterizer, urea
Merit Grub Control + Fertilizer
MCPP Broadleaf Herbicide
Fall Fertilizer Bags 25-2-5
Starter Fertilizer 25-2-5
13-13-13 Fertilizer
GRAND TOTAL*
2.5 Gal.
Approx.
Quantity
23
2.5 Gal.
1.33 Oz. Bottles
50# Bags
14
6
50# Bags
50# Bags
155
40
Case of 2 - 2.5
Gal
1# Container
50# Bags
50# Bags
50# Bags
2.5 Gal.
50# Bags
50# Bags
50# Bags
Unit Cost
8
6
16
40
225
9
80
12
130
4) we do not plan to purchase Barriacade at this time, but are interested in your pricing for future needs
*BID PRICES ARE TO INCLUDE DELIVERY.
Expected time of delivery from receipt of Purchase Order: _______________
Total*
BidRequestNo.16‐7128
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Locations
The awarded vendor must coordinate delivery with the contact person at the location prior to delivery.
Anticipated requested delivery time is as early as April.
MCC-Blue River BR
20301 E 78 Highway
Independence, MO 64057
Contact: Tom Cooley, 816-604-6538
MCC-Longview LV
500 SW Longview Road
Lee's Summit, MO 64081
Contact: Steve Greife, 816-604-2221
MCC-Business & Technology BTC
1775 Universal Avenue
Kansas City, MO 64120
Contact: Robert Louis, 816-604-5465
MCC-Maple Woods MW
2601 NE Barry Road
Kansas City, MO 64156
Contact: Tom Hulett, 816-604-3063
MCC-Facility Services FS
1601 Prospect
Kansas City, MO 64127
Contact: Chuck Boggess, 816-604-5027
MCC-Penn Valley PV
3201 Southwest Trafficway
Kansas City, MO 64111
Contact: Lloyd Hale, 816-604-4062
Following is estimated product by location:
Product
LV
1 Lesco Herbicide
2 Round-up
3
3 Sedge Hammer
4
4 Barricade PreEmergent
5 Weed ‘n’ Feed
6 3-way Tall Fescue
3
seed
7 Spreader Sticker
3
Surfactant
8 Fungicide
3
9 Snapshop
2
10 Fertilizer/Winterizer
11 Merit Grub Control +
10
Fertilizer
12 Broadleaf Herbicide
13 Fall Fertilizer
14 Starter Fertilizer
4
15 13-13-13 Fertilizer
120
MW
2
-
BR
8
2
2
-
-
150
PV
10
2
-
BTC
5
5
-
FS
-
Total
23
14
6
-
-
-
-
-
-
-
5
155
-
12
25
-
-
40
-
2
2
1
-
8
-
4
8
40
6
-
-
-
6
16
40
150
35
10
20
-
225
10
5
80
8
-
4
-
-
-
9
80
12
130
Notice to Bidders
If prices quoted are different than acceptable manufacturers, submit descriptive literature and detailed
specifications.
MSDS sheets must be furnished upon delivery for all products.
Term or Pricing
This bid is for a pricing commitment for one year beginning on or about April 1, 2016 through December 31,
2016. Prices are to remain firm for the duration of the contract period. The College will issue an open
purchase order for use during the contract period.
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Award Criteria
It is MCC’s intent to award the bid to the lowest responsible bidder(s). MCC may award to more than one
vendor. Unit price will prevail if error is made by bidder in extension.
Award criteria includes, but is not limited to:
 Cost
 Meeting Product Spec
Invoices
The vendor shall submit invoices by email to: purchasing.info@mcckc.edu for items delivered. Invoices
must be accurate and reflect current Bid Award pricing and specific P.O. number. (Inaccurate invoices may
not be paid until corrected invoices or credit memos are received.) Payments by MCC to the vendor for items
delivered shall be made in accordance with MCC's regular payment terms of net 30 days. Please provide any
early payment discount available.
Response/Award Criteria
Each provider shall complete and include the following documents: 1) Bid Response Form, 2) Product
Warranty and Return Policy Information, 3) M/WBE Participation Form, and any other included forms.
Deliver/send all documents to: Purchasing Manager, MCC – Administrative Center, 3200 Broadway Blvd.,
Kansas City, MO 64111 along with an electronic copy in a sealed envelope marked on the outside with the
Bid Number and date and time of opening (March 24, 2016 at 11:00am.).
Questions
No communication will take place between vendors and MCC during the bid process, except in writing.
Questions regarding the bid should be emailed to the Purchasing Department at Purchasing.Info@mcckc.edu,
and must be received by NOON, March 17, 2016.
Return the attached Acknowledgement of Receipt (last page of this document) to receive updates. It is
important to note, however, that it remains the responsibility of the respondent to determine if any addenda
have been issued and to obtain those addenda prior to submitting their proposal.
Missouri Preference
A 5% preference shall be granted to all firms, corporations or individuals doing business as a Missouri firm, corporation
or individual provided the additional cost to the District does not exceed $500.
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.” 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.
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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 Authorization 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)
Printed Name and Title: ____________________________________________
For and on behalf of: ________________________________ (Company)
BidRequestNo.16‐7128
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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 setforth
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
COUNTY OF
)
) ss.
)
Submitted and sworn to before me this ____ day of _______, 201___.
__________________________________
Notary Public
__________________________________
Print Notary Name
My commission expires:
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General Terms and Conditions
1.
Contract Documents. This Bid Request, these General Terms and Conditions, Contractor’s
Response Form, including without limitation any completed forms required by Contractor under the Bid
Request, and MCC’s Notice of Award letter shall form a binding agreement and shall be made a part of any
Agreement (“Agreement” or “Contract”) executed between MCC and the winning Contractor regarding the
subject matter herein.
2.
Governing Law. Any Contract issued as a result of this Bid Request 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.
Compensation.
4.1.
Fees. Unless otherwise stated in the Bid Request, MCC agrees to pay all undisputed
amounts within thirty (30) days of receipt of a properly itemized invoice. The Contractor agrees that no
other payment of any kind shall be due for services provided hereunder. Any services that cause
Contractor to so exceed this amount without a proper contract amendment or addendum shall be
performed at Contractor’s sole risk and liability and MCC shall have no obligations therefore.
4.2.
Performance. No payment made under any Agreement shall be proof of satisfactory
performance of the Agreement, either in whole or in part, and no payment shall be construed as
acceptance of deficient or unsatisfactory service.
5.
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.
6.
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.
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
BidRequestNo.16‐7128
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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://everify.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:
i.
ii.
iii.
iv.
v.
vi.
vii.
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;
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;
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;
Contractor is enrolled in and participates in a federal work authorization program as
required by Missouri law, RSMo 295.525 and .530;
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;
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
Contractor agrees to complete and return with Contractors Bid Response a Federal
Work Authorization Program (“E-Verify”), and Affidavit.
11.
Termination. Should MCC become dissatisfied with the Contractor’s products and/or services,
MCC shall give notice to the Contractor and Contractor shall have (10) days to remedy the issue(s). Should
Contractor not satisfactorily remedy the issue(s), MCC shall issue a letter to terminate the Agreement. Said
letter will provide the effective date of termination but in no case will the effective date of termination be less
than thirty (30) days. The MCC reserves the right to terminate the Agreement without cause by giving the
Contractor written notice of its intent to terminate at least thirty (30) days before the termination date set out in
the notice. In the event of such termination, MCC shall only be liable for payment of services delivered prior to
the termination date.
12.
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.
13.
Confidential Information. As used herein, "Confidential Information" will mean any ideas,
strategies, plans, purposes, and/or agendas that MCC may seek to advance, any reports and information
generated by Contractor, and educational and/or other confidential information related to students
(Information). Both during the term of the Agreement and thereafter, Contractor covenants and agrees (i) to
hold such information in trust and confidence and to exercise diligence in protecting and safeguarding such
information, as well as any other information protected from public disclosure by federal or state law or by the
policies or procedures of MCC, (ii) that Contractor will not knowingly use the Information, directly or indirectly,
for Contractor’s own benefit, or for the benefit of another, but instead will use such information only for the
purposes contemplated hereunder, (iii) that Contractor will not disclose any confidential information to any
BidRequestNo.16‐7128
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third party, except as may be required in the course of performing services for MCC hereunder or by law, (iv)
that access to the education records of any student shall be in compliance with the Family Educational Rights
and Privacy Act, and (v) that Contractor not be deemed a spokesperson for MCC in any manner for the
purpose of disseminating any information hereunder, excepting such information that is related to the Purpose
and content and format for dissemination of such information is mutually agreed to by the parties.
Notwithstanding the foregoing, Contractor's obligations of confidentiality will not include information that (i) at
the time of disclosure was in the public domain, (ii) after such disclosure, immediately becomes generally
available to the public other than through any act or omission of Contractor, and (iii) is required to be
disclosed by a court of competent jurisdiction, provided that prior written notice of such disclosure is furnished
to MCC in a timely manner in order to afford MCC the opportunity to seek a protective order against such
disclosure and the disclosure is strictly limited to the information that the court requires. After expiration or
termination of the Agreement, Contractor must return all confidential information given to or generated by him
hereunder within five (5) days of MCC's written request. Contractor agrees that Contractor will comply with
MCC's instructions regarding the return or disposition of its confidential information, including any copies or
reproductions.
14.
Remedies for Disclosure. Contractor understands and agrees that any unauthorized
disclosure or use of any confidential information as provided under this article may result in MCC seeking
injunctive relief. Contractor agrees to give prompt notice to MCC of any unauthorized disclosure, use, or
misappropriation of any confidential information and take all steps as requested by MCC to limit, stop, or
otherwise remedy the disclosure, use, or misappropriation of any confidential information. All steps taken by
Contractor relating to remedy shall be at its sole expense.
15.
Warranty. The Contractor expressly warrants that all equipment, products, materials, supplies
and/or services provided shall: a) based on a manner consistent with the highest degree of care, diligence,
and skill; b) conform to each and every specification, drawing, sample or other description furnished to or
adopted by MCC; c) be fit and sufficient for the purpose expressed in the BID; d) be merchantable; e) be of
good materials and workmanship; and f) be free from defect for a period of one year after acceptance of each
project. If software is applicable to BID specifications, Contractor represents and warrants that, upon delivery
and installation of the Software and for the duration of the Agreement, the Software shall conform in all
material respects to the applicable Specifications. Contractor represents and warrants that the
Documentation furnished by Contractor to MCC will include complete, accurate and current descriptions of the
Software’s functionality, features, terminology and operation as well as formats, tables and dictionaries for
data and files necessary for the Software’s operation, and training as provided for herein. Contractor
represents and warrants that it has full power and authority to grant the rights granted to MCC with respect to
the Products without the consent of any third party or such consent has been obtained and that the Products
furnished hereunder will not infringe or violate any copyright, trade secret, trademark, patent or other
intellectual property rights of any third party; and there is no litigation pending against Licensor or its licensors
which would limit, restrict or prevent MCC’s use of the Products. Contractor’s obligation and liability, and
MCC’s remedy, with respect to any breach of the foregoing warranty shall be for Contractor to provide at no
charge to MCC the services required to make the Software operate as warranted; however, if in Contractor’s
reasonable judgment, repair or replacement is not possible or practicable, Contractor shall refund to MCC the
total amount of fees paid for the Software and related Professional Services under the Agreement.
16.
Inventions, Patents, and Copyrights. The Contractor shall pay for all royalties, license fees,
patent or invention rights, or copyrights and defend all suits or claims for infringements of any patent or
invention rights, or copyrights involved in the items furnished hereunder. The Contractor shall defend, protect,
and hold harmless MCC, its officers, agents, servants, and employees against all suits of law or in equity
resulting from patent and or copyright infringement concerning the contractor’s performance or products
produced under the terms of the contract. Copyrights for any item developed for MCC shall be the property
of MCC and inure to its benefit and the Contractor shall execute such documents as MCC may require for the
perfection thereof.
17.
Liability Requirements.
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17.1. Insurance. Contractor agrees to maintain the following insurance throughout the term
of the Agreement: a) workers’ compensation and employer’s liability for its employees in amounts as
required by Missouri law; b) automobile insurance, to include uninsured and underinsured motorists, in
the minimum amounts of $1,000,000 per occurrence and $2,000,000 in the aggregate; and c) general
liability in the amounts of $1,000,000 per occurrence and $2,000,000 in the aggregate, which shall
include students, participants, volunteers, property damage, and contractually assumed liability and
name MCC as an additional insured. Upon the execution of the Agreement, Contractor agrees to
provide MCC proof of insurance which shall include the stipulations hereunder and state that such
coverage will not be cancelled without thirty (30) days written notice. Failure to so provide or maintain
any insurance as requested hereunder will not relieve it of any contractual obligation or responsibility
herein.
17.2. 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.
17.3. 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.
18.
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.
19.
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.
20.
Successors and Assignments. The 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
the Agreement.
21.
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.
22.
Independent Contractor. The parties agree the terms of the Agreement do not constitute a
formation of a partnership, joint venture, employer-employee, or other relationship and no form of agency
exist between the parties. The Contractor represents and warrants that it is now and shall remain a separate
and independent entity from MCC. Accordingly, no employee, contractor, subcontractor, supplier, agent, or
representative of Contractor shall be deemed to be the employee, contractor, subcontractor, supplier agent,
or representative of MCC. Contractor shall have on file with MCC prior to services being performed a Request
for Taxpayer Identification Number and Certification form (W-9). Contractor shall be solely responsible for any
acts or omissions of its employees, as well as payment of all invoice tax, FICA, FUTA, and other tax liabilities
for said employees, and agrees to indemnify MCC in accordance with the indemnification provisions under the
Agreement.
23.
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
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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 and which cannot be overcome by
reasonable diligence and without unusual expense.
24.
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.
25.
Survival. All representations, warranties, and indemnifications made herein shall survive
termination or cancellation of the Agreement.
26.
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, MCC or Contractor in the Agreement. Nothing in the
Agreement, whether express or implied, is intended to create any rights or remedies on any third party
beneficiary.
27.
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.
28.
Non-Waivers. No delay or omission by the parties in exercising any right under the
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.
29.
Entire Agreement.
The Contract Documents constitute the entire agreement and
understanding between the parties and supersedes all offers, negotiations, discussions, and other
agreements, with respect to the subject herein, and may not be amended except by the mutual written
agreement of the parties.
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.
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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.
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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
THIS FORM MUST BE SUBMITTED WITH THE BID
WBE % of Contract
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ACKNOWLEDGEMENT OF RECEIPT
16-7128-NC – Groundskeeping Supplies
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: Purchasing.Info@mcckc.edu
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 March 17, 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.)