BID REQUEST
No. 16-7127-CP
PROJECT MANUAL
FOR
Carter Arts Center – Roof Area 25 Repairs
AT
MCC – PENN VALLEY
FOR
THE BOARD OF TRUSTEES OF
METROPOLITAN COMMUNITY COLLEGE
March 21, 2016
PROJECT BID TIME & DATE: 2:00PM, APRIL 12, 2016 at Administrative Center, 3200 Broadway
Bid Meeting: 2:00 p.m., March 29, 2016 at Penn Valley – Carter Arts Center
TABLE OF CONTENTS
BID REQUEST NO. 16-7127-CP
PART I – BID INFORMATION, INSTRUCTIONS, FORMS
REQUEST FOR BIDS
SCOPE OF WORK
WORK SCHEDULE
MATERIAL LIST ATTACHMENT
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
FORM: GUARANTEE
FORM: MANUFACTURER’S ASSURANCE LETTERS
DRAWINGS
PART II – CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT (sample)
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 AUTHORIZATION PROGRAM AFFIDAVIT
FORM: NON-COLLUSION AFFIDAVIT
STANDARD CONTRACT (sample)
PART III – ACKNOWLEDGEMENT OF RECEIPT
ACKNOWLEDGEMENT OF RECEIPT FORM (Return Completed Form to MCC immediately)
Metropolitan Community College
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
PART I
BID INFORMATION, INSTRUCTIONS, FORMS
REQUEST FOR BIDS
METROPOLITAN COMMUNITY COLLEGE (MCC)
Bid Request No 16-7127-CP
Sealed Bids for:
Carter Arts Center – Roof Area 25 Repairs
AT
MCC – PENN VALLEY CAMPUS
Will be received by the Purchasing Office of Metropolitan Community College, 3200 Broadway, Kansas
City, Missouri AT 2:00 p.m., on Tuesday, April 12, 2016.
This bid’s specifications (“specifications” and “specifications and drawings”) and conditions of bidding
and the printed form on which all bids must be made, may be obtained from 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:
Metropolitan Community College
Page 3
Diane Pacheco
Purchasing Manager
PH: (816) 604-1100
16-7127-CP – Carter Arts Center Roof Area 25 Repairs
SCOPE OF WORK
BID REQUEST NO. 16-7127-CP
1.
GENERAL
Work is generally described as the Metropolitan Community College Penn Valley Campus
Carter Arts Center – Roof Area 25 Repairs.
A. Base Bid: The Contractor shall furnish all labor, materials, equipment, other facilities,
supervision and means of construction for the Carter Arts Center – Roof Area 25 Repairs as
indicated at the Metropolitan Community College Penn Valley Campus as presented in the
work items within this project manual.
B. Alternates: The Contractor shall furnish all labor, materials, equipment, other facilities,
supervision and means of construction for the Carter Arts Center – Roof Area 25 Repairs as
indicated at the Metropolitan Community College Penn Valley Campus as presented in the
work items within this project manual.
2.
DESCRIPTION OF WORK
A. Contractor shall:
 provide shop drawing prior to installing new coping;
 perform Work inside the existing building during normal business working hours of 7:00
a.m. to 5:00 p.m., Monday through Friday, except otherwise approved in writing by MCC,
email being sufficient;
 provide 100% supervision of the ground equipment at all times when in use;
 have the sole responsibility for the unloading and storage of materials in a secure area;
 tear existing coping metal at specified locations (approx. 240 LF);
 install specified membrane over parapet wall;
 fabricate and install 24 gauge radius Pittsburgh Seam coping (approx. 240 LF) with
continuous 20 gauge cleat;
 install all new metal roof panels that are continuous panels with no overlap joints, with
the exception of the Pittsburgh seam copings;
 repair the ridged modified bitumen membrane areas with specified mastic/fabric/mastic.
(approx. 250 LF);
 provide 3 year warranty for labor and materials;
 limit use of premises to work in areas indicated, and shall not disturb portions of project
site beyond areas in which the Work is indicated;
 keep driveways, loading areas, and entrances serving premises clear and available to
MCC, MCC's employees, and emergency vehicles at all times, and shall not use these
areas for parking or storage of materials;
 schedule deliveries to minimize space and time requirements for storage of materials
and equipment on-site;
 provide not less than 72 hours' notice to MCC of activities that will affect MCC's
operations;
 enclose all work areas with red/orange vinyl fencing supported by traffic barrels properly
weighted with sand or other acceptable means approved by MCC’s Director of Facility
Services;
 prohibit Contractor’s staff from changing into or from work clothes on MCC’s premises;
 maintain existing building in a weathertight condition throughout construction period;
 repair damage caused by construction operations;
Metropolitan Community College
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs



protect the Carter Arts Center and its occupants during the construction period;
not use of adjacent roofs not related to the project, unless provided written approval by
MCC, email being sufficient; and
not interrupt utilities serving facilities occupied by MCC except by (i) the written approval
by MCC, email being sufficient, and (ii) after arranging to provide essential temporary
utility services according to MCC’s requirements.
B. MCC will occupy the premises for its intended educational purposes during the construction
period, with the exception of areas under construction. Contractor shall perform the Work
and cooperate with MCC during construction operations so as not to interfere with MCC's
operations, and to maintain existing exits, walkways, corridors, and other adjacent occupied
or used facilities opened and free of obstructions, unless otherwise provided by the written
permission of MCC, email being sufficient.
C. MCC reserves the right to occupy, and to place and install equipment in, completed areas of
building, before Substantial Completion, provided such occupancy does not interfere with
completion of the Work. Such placement of equipment and partial occupancy shall not
constitute acceptance of the total Work. MCC will operate and maintain mechanical and
electrical systems serving occupied portions of building. Before partial MCC occupancy,
mechanical and electrical systems shall be fully operational, and required tests and
inspections shall be successfully completed by Contractor.
WORK SCHEDULE
Work shall commence after notice to proceed has been issued by MCC’s Director of Facility Services.
It is anticipated that all work in the base bid and any alternates accepted by Metropolitan Community
College should be substantially completed by May 27, 2016 and final completion by June 3, 2016.
These dates are the latest expected dates and could be sooner depending on weather conditions.
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
MATERIAL LIST ATTACHMENT – MARCH 29, 2016
Bid Request No. 16-7127-CP
MCC Purchased Material List for Penn Valley Carter Arts Center – Roof 25
The following Material List is to be included in the bid form and signed/dated by the Contractor. Failure to
provide this information will render your bid unresponsive. MCC is purchasing the following list of material
from Weatherproofing Technologies, Inc., through a pre-competed national cooperative purchasing
organization. Only these materials, in the quantities listed, will be supplied. The Contractor is responsible
for purchasing any additional material directly from the warranty-issuing manufacturer at the contractor’s
cost. The contractor is also responsible for ALL other items not on this list necessary for the completion of
the Work.
This includes, but is not limited to, pre-finished metal, coverboard, fasteners, warranty charges,
inspections, and other consumable materials. Any unused materials remain the property of MCC.
CARTER ARTS CENTER – ROOF 25 REPAIRS
Material
Quantity
Container Size
Geogard Seam Sealer
9
5 gallon bucket
Permafab Reinforcement
2
4” x 300’ roll
PowerPly SA Base Sheet
5
2 square roll
24 Gauge Sheet metal (MCC will select color)
10
48” x 10’ sheet
Bidding Contractor:
Designated Representative of Contractor
Contractor Signature
Date
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
INSTRUCTIONS TO BIDDERS
BID REQUEST NO. 16-7127-CP
1.
GENERAL
Execute and submit all bids in accordance with these instructions and the applicable provisions
of these specifications.
1. Submit one original and one (1) electronic copy (including bid form in excel) submitted
with the bid document to purchasing.info@mcckc.edu. Purchase Manager, MCC –
Administrative Center, 3200 Broadway, Kansas City, MO 64111, by 2:00 p.m., April 12,
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 MCC does not exceed $500.
8. All Bidders are requested to attempt in good faith to utilize MBE/WBE contractors, subcontractors, 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 Purchasing.Info@mcckc.edu.
10. Bidder will be required to comply with the General Terms and Conditions, as well as
state any objections to the terms of the “Standard Contract (sample)”, 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.
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
2.
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 (MCC), the apparent successful Bidder
shall furnish documentation satisfactory to MCC, which confirms qualification requirements.
MCC may contact references prior to award of contract.
3.
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.
4.
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.
5.
BIDDING PROCEDURES
a. Bids shall be submitted with 1 (one) original and 1 (one) electronic copy (with price sheet in
excel) submitted with the bid document and delivered to: Purchasing Manager, Metropolitan
Community College, 3200 Broadway, Kansas City, MO 64111, with all appropriate forms,
from Part I and Part II of 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 the scheduled
closing time for receipt of bids.
e. All bids shall be valid for 60 days after opening, but MCC 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 MCC.
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
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.
6.
ACCEPTANCE AND REJECTION OF PROPOSALS
MCC 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 MCC 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.
7.
ALTERNATES
Each Bidder shall bid on all alternates listed in the bid proposal that are applicable to his portion
of the work. Alternates will be fully considered in determining the low Bidder.
8.
UNIT PRICES
A unit price is the amount stated in the proposal form or subsequently agreed upon by MCC 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 MCC, per the General Conditions. Itemized data shall
be required substantiating unit price when required for change order, cost proposal, or
requested by MCC’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 these specifications.
9.
SUBSTITUTIONS
a. Substitutions Prior to Bid Date: For inclusion of products other than those specified, Bidders
shall submit a request in writing by noon on April 4, 2016. Requests received after this time
will not be reviewed or considered regardless of cause. Requests shall clearly define and
describe the product for which inclusion is requested. Inclusion by MCC’s Director of Facility
Services will be in the form of an addendum to these specifications, issued to all contract
Bidders on record.
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 MCC’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.
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
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
MCC’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 MCC, if and when
accepted.
10.
PRE-BID CONFERENCE
There will be a pre-bid conference at the Carter Arts Center of Penn Valley College at 2:00
p.m. on March 29, 2016.
All questions regarding the bidding process and communications should be addressed in
writing only to: Purchasing.Info@mcckc.edu. Questions must be received by noon,
April 4, 2016.
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 MCC’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 MCC and Contractor. The Contractor shall obtain approval of
storage areas from MCC. The Contractor shall be responsible for parking for its employees.
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
Temporary Water
MCC 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 MCC’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 MCC’s Director of
Facility Services with a schedule bar chart and expected sequence of operation prior to
beginning the work. MCC’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 MCC’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 MCC in writing. No communication will take place between
suppliers and MCC during the bid process, except in writing. Questions should be
emailed to Purchasing.info@mcckc.edu. Questions must be received by noon, April 4,
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.
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
FORM OF PROPOSAL
BID REQUEST NO. 16-7127-CP
Carter Arts Center Roof Area 25 Repairs
Contractor
Metropolitan Community College
3200 Broadway
Kansas City, MO 64111
Attn: Diane Pacheco, Purchasing Manager
Contact
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 in the
specifications and drawings for the Carter Arts Roof Area 25 Repairs.
BASE BID:
$
ALTERNATE WORK ITEMS:
$
FORCE ACCOUNT:
$
TOTAL:
$
2,500.00
“FORCE ACCOUNT” - It is anticipated that there may be some work not included in the item list
covered under these specifications. Because of this potential, a “Force Account” shall be initialized by
MCC to which this work may be charged. Any amount remaining in the account at the end of the
project shall not be due the Contractor but rather shall be deducted from the Contract sum by way of a
change order. Work under this account shall only be performed after written authorization has been
received from MCC’s Representatives.
At the end of the project, any such additional work for which written authorization has been received will
be included in a change order initiated by the Contractor and approved by MCC’s Director of Facility
Services, and such change order, with copies of the written authorization attached, shall be submitted
to MCC for acceptance.
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
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
Carter Arts Center Roof Area 25 Repairs
Bid Request No. 16-7127-CP
March 21, 2016
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.
DESCRIPTION
OF WORK
Metropolitan Community College
MANUFACTURER
/SUPPLIER
Page 13
INSTALLER
VALUE ($) OF BASE
BID SUBCONTRACTOR
WORK
16-7127-CP – Carter Arts Center Roof Area 25 Repairs
Carter Arts Center Roof Area 25 Repairs
Bid Request No. 16-7127-CP
March 21, 2016
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
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 beyond the base bid and any selected alternates on a time and materials basis.
Overhead
%
Profit
%
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
Carter Arts Center Roof Area 25 Repairs
Bid Request No. 16-7127-CP
March 21, 2016
ON THIS SHEET, THE CONTRACTOR WILL PROVIDE A COMPLETE BREAKDOWN OF
MOBILIZATION COSTS:
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
Carter Arts Center Roof Area 25 Repairs
Bid Request No. 16-7127-CP
March 21, 2016
Signature
Name and Title (Typed)
Company (Typed)
Address (Typed)
Telephone (Typed)
Date and Certification signature by Notary Public is required)
State of
Subscribed to before me this
County of
of
day
, 20
Notary Public:
Signature:
Printed Name:
My
Commission
Expires:
Seal
*****
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
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 ("MCC") 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 MCC of even date
herewith ("Construction Contract") for construction of ___________________________________
_____________________________________________________________________________
(Insert Description and Location of the Construction Project)
("Project"); and,
WHEREAS, MCC 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:
3.
(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
MCC, if the Project is, or were, subject to such filing.
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:
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
(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 MCC; 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 MCC) 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:
MCC:
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)
Metropolitan Community College
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
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 ("MCC"), in
the penal sum of $ ____________________________________________,
(Insert Penal Sum)
as of the ______________________________________________________.
(Insert Date of Construction Contract)
WHEREAS, the Contractor has executed a contract with MCC of even date herewith
("Construction Contract") for construction of
(Insert Description and Location of the Construction Project)
and, WHEREAS, MCC 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 MCC, 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 MCC 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 MCC 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 MCC, obtain bids or
proposals from contractors previously identified as being acceptable to MCC, for full
performance of the Construction Contract. The Surety shall furnish MCC a copy of such
Metropolitan Community College
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
bids or proposals upon receipt of same. The Surety shall promptly select, with the
agreement of MCC, 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 MCC for MCC's
execution. Upon execution by MCC of the contract for fulfillment and completion of the
Construction Contract, the completing contractor shall furnish to MCC a performance
bond and a separate payment bond, each in the form of those bonds previously
furnished to MCC 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. MCC 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 MCC 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 MCC with such sums in a sufficiently
timely manner that MCC 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 MCC and the
Surety.
4.
In addition to those duties set forth hereinabove, the Surety shall promptly pay MCC 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 MCC 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 MCC 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 MCC shall be given by Certified Mail, Return
Receipt Requested, to the address set forth for each party below:
SURETY:
CONTRACTOR:
MCC:
Metropolitan Community College
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
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: _________________________________
(SIGNATURE OF AUTHORIZED SIGNATORY)
By: ________________________________
(SIGNATURE OF AUTHORIZED SIGNATORY)
__________________________________
(OFFICE OR TITLE OF PERSON SIGNING)
Metropolitan Community College
____________________________________
(OFFICE OR TITLE OF PERSON SIGNING)
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
WAIVER OF MECHANICS' LIEN (by Contractor)
The undersigned, (Contractor), having been employed by (MCC), 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 ($____) and other valuable
consideration, hereby waive and release any and lien, claim or right to lien, on the above described
improvements and premises under the laws of the state of ______________________ relating to
mechanics' liens, on account of labor, equipment or materials furnished for such improvements by the
undersigned to or on account of (MCC).
(Contractor)
Address:
By
State of
Subscribe to before me this
County of
of
day
2,
Notary Public:
My Commission Expires
Metropolitan Community College
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
WAIVER OF MECHANICS' LIEN (by Subcontractor)
The undersigned,
, having been employed by (prime contractor) as a
subcontractor in the construction of the (describe improvements ) located on (legal description ), for
and in consideration of the sum of
Dollars ($
) 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
County of
of
day
2,
Notary Public:
My Commission Expires
Metropolitan Community College
Page 23
2,
16-7127-CP – Carter Arts Center Roof Area 25 Repairs
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
County of
of
day
2,
Notary Public:
My Commission Expires
Metropolitan Community College
Page 24
2,
16-7127-CP – Carter Arts Center Roof Area 25 Repairs
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 MCC.
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
Kansas City, Missouri
Contractor
By:
By:
Name:
Title:
Title:
Title:
Date:
Date:
2016 Metropolitan Community College
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
Carter Arts Center Roof Area 25 Repairs
Bid Request No. 16-7127-CP
March 21, 2016
GUARANTEE
PROJECT: ____________________________________________ (Project)
We, ________________________________________ (General Contractor) and General Contractor’s
subcontractor(s), for the Junior College District of Metropolitan Kansas City, Missouri a/k/a Metropolitan
Community College (MCC) do hereby jointly and severally guarantee that for a period of THREE (3)
YEARS from _____________________ (date of final completion) the Project will remain free from all
defects in workmanship and materials, and that it will comply with all the specific requirements of the
bid specifications and other contract documents governing the work under contract for the Project.
General Contractor agrees that if, after due inspection, MCC’s Engineer shall declare in writing that by
reason of this guarantee, the replacement of any of the above work is, in Engineer’s opinion,
necessary, Contractor will remove such defective work and replace it with new work meeting all
requirements of the contract and will bear all costs of supplying such new work, and installing and
finishing same, and will assume all costs for replacing other work damaged by the removal and
replacement of any of the work covered by this guarantee, also all costs for freight, drayage and
demurrage, and all labor in connection therewith.
Anything to the contrary herein notwithstanding, General Contractor and/or subcontractor shall at all
times be and remain liable to MCC for any work done or materials used that does not strictly conform to
the requirements of the bid specifications.
In the event General Contractor and/or subcontractor fails or refuses to honor any of its obligations
hereunder immediately after receipt of written notice, General Contractor and/or subcontractor shall
indemnify and hold harmless MCC from any cost or expense whatsoever, including, but not limited to,
attorney's fees (including, but not limited to, any such fees or expenses necessary to enforce this
"Guarantee" through legal action or otherwise), occasioned by Contractor’s and/or subcontractor’s
refusal or failure to so perform their obligations hereunder. Notice hereunder shall be deemed as
received four (4) calendar days after said written notice has been posted, registered or certified mail,
prepaid, return receipt requested, addressed to General Contractor’s or subcontractor's last known
address or to such address as General Contractor or subcontractor may from time to time furnish MCC
and/or any known assignee, in writing.
This guarantee shall be binding upon General Contractor and each subcontractor and their respective
successors, assigns, legal representatives and heirs, and shall inure to the benefit of MCC.
State of _____________________
County of ____________________
_____________________________________________
Name of Contractor
Subscribed before me this _______
day of _______________________ .
By: ___________________________________________
Signature of Officer or Partners
____________________________
Notary Public
My commission expires _________
_____________________________________________
Title of Officer
Date: _________________________________________
2016 Metropolitan Community College
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
Carter Arts Center Roof Area 25 Repairs
Bid Request No. 16-7127-CP
March 21, 2016
SUBCONTRACTORS:
Company Name
By: (Signature of
and Address _____________ Officer or Partner)
Title ____________ Date _______ Phone
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
___________________
____________________
__________
_____
_____
2016 Metropolitan Community College
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
MANUFACTURER’S ASSURANCE LETTER
_____________________(date)
Director of Facilities
Metropolitan Community College
1601 Prospect
Kansas City, MO 64127
RE: Carter Arts Center Roof Area 25 Repairs, Bid Request No. 16-7127-CP
Contractor Reference #
SUBJECT: Initial Manufacturer’s Assurance Letter
Dear Director:
This letter is provided as formal certification that (individual representative’s name) who represents
(product manufacturer’s name) has reviewed the use for which the product is intended to be used on
the referenced project and has determined that the product being used is suitable for that use.
Additionally, I will make sufficient periodic site visits during the preparation as well as the installation to
verify that the contractor’s preparation and installation procedures are being followed in accordance
with the manufacturer’s recommendations and specifications.
Upon completion of the installation, I will send the final manufacturer’s assurance letter as provided in
the specifications to MCC.
Additionally, I have visited the referenced project site on a sufficient number of times to verify that the
contractor’s preparation and installation procedures are being followed in accordance with the
manufacturer’s recommendations and specifications.
Cordially,
2016 Metropolitan Community College
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
_____________________(date)
Director of Facilities
Metropolitan Community College
1601 Prospect
Kansas City, MO 64127
RE: Carter Arts Center Roof Area 25 Repairs, Bid Request No. 16-7127-CP
Contractor Reference #
SUBJECT: Final Manufacturer’s Assurance Letter
Dear Director:
This letter is provided as formal certification that (individual representative’s name) who represents
(product manufacturer’s name) has reviewed the use for which the product is intended to be used on
the referenced project and has determined that the product being used is suitable for that use.
Additionally, I have visited the referenced project site on a sufficient number of times to verify that the
contractor’s preparation and installation procedures are being followed in accordance with the
manufacturer’s recommendations and specifications.
Cordially,
2016 Metropolitan Community College
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
DRAWINGS
2016 Metropolitan Community College
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16-7127-CP – Carter Arts Center Roof Area 25 Repairs
PART II
CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT (sample)
GENERAL TERMS AND CONDITIONS
1.
Contract Documents. Contract Documents are contained in this bid specifications and
drawings, including without limitation, the Project Manual for Bid Request and any subsequent addenda
and/or written modifications, the terms of the “Standard Contract (sample)”, 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 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.
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.
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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 MCC 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 MCC 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.
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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.
ii.
iii.
iv.
v.
vi.
vii.
Contractor and all subcontractors shall submit certified payroll records to MCC.
Before making final payment, Contractor and all subcontractors shall submit an
Affidavit to MCC stating they fully complied with the prevailing wage law.
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.
Contractor's bonds shall include such provisions as will guarantee the faithful
performance of the prevailing wage clause as provided by contract.
Contractor records shall be inspected periodically and when complaints are
made pertaining to the wage paid all workmen performing the work.
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.
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.info@mcckc.edu.
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 MCC. 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.
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14.
Warranty. Contractor warrants to MCC 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 MCC.
15.
Liability Requirements.
15.1. Insurance. Contractor shall purchase and maintain insurance of the following
types of coverage and limits of liability:
a) Worker's Compensation insurance, or local equivalent, as prescribed by the law of the
state or jurisdiction in which the Project is performed;
b) Employer's Liability insurance with minimum limits of $1,000,000.00 for each accident or
disease;
c) 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;
d) Commercial Automobile Liability insurance covering "any auto" with minimum limits of
$1,000,000.00 per occurrence for bodily injury and property damage;
e) Excess/Umbrella with minimum limits of $3,000,000;
f) If removal or disposal of hazardous waste is a part of the Work, Contractor shall provide
MCC with proof of pollution legal liability for transportation, including an MCS 90 endorsement
on the auto liability, and disposal site sufficient to protect MCC and Contractor from losses that
could arise from Contractor's performance under this Agreement. This coverage and limits must
be approved by MCC prior to commencement of the Work.
g) 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.
h) The Commercial General Liability insurance shall (i) include Metropolitan Community
College and any other entity reasonably requested by MCC, as additional insureds, (ii) be
primary and non-contributory to any insurance maintained by MCC 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 MCC where allowed by
law.
i) 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 MCC; such approval
not to be unreasonably withheld.
j) 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 MCC
of cancellation, non-renewal or material policy change. MCC'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,
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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.
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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
WBE % of
Contract
THIS FORM MUST BE SUBMITTED WITH THE BID
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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
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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:
THIS FORM MUST BE SUBMITTED WITH THE BID
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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 _______________, (name & position) of 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
(Name of Institution) in __________ County,
Missouri, and completed on the
day of
,2
.
Notary Public
My commission expires:
THIS FORM MUST BE SUBMITTED WITH THE BID
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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 MCC.
(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)
be
Agrees that any failure by your company to abide by the requirements a) through f) above will
considered a material breach of your contract with MCC.
By:
(Signature)
Name and Title:
For and on behalf of:
(Company)
THIS FORM MUST BE SUBMITTED WITH THE BID
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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 that Company is providing to, or will provide to, MCC.
By:
Name:
Title:
Company:
STATE OF
COUNTY OF
)
) ss.
)
On this 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:
THIS FORM MUST BE SUBMITTED WITH THE BID
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NON-COLLUSION AFFIDAVIT
The undersigned, being duly sworn on oath says, that he/she is the contracting party, or that he/she is
the representative, agent, member, or officer of the contracting party, that he/she has not, nor has any
other member, employee, representative, agent or officer of the firm, company, corporation or
partnership represented by him/her, directly or indirectly, entered into or offered to enter into any
combination, collusion or agreement to receive or pay, and that he/she 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
County of
)
) ss
)
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:
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STANDARD CONTRACT (sample)
ROOFING SERVICES AGREEMENT
(Limited Scope Project)
THIS ROOFING SERVICES AGREEMENT (Agreement) is made effective on the ____ day of
_____________, 2_____, by and between:
MCC:
Junior College District of Metropolitan
Kansas City, Missouri a/k/a MCC
3200 Broadway
Kansas City, MO 64111
And
CONTRACTOR:
PROJECT:
(locations)
Metropolitan Community College – Penn Valley Campus
Carter Arts Center
3201 Southwest Trafficway
Kansas City, Missouri 64111-2764
CONTRACT PRICE:
RETAINAGE:
$______________________
Five percent (5%)
The parties agree as follows:
1.
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 described in this Section 1 and as further specified in or reasonably inferable from (i) ’s Bid
Request #16-7127-CP Carter Arts Center Roof Area 25 Repairs (BID) (including Addendum #1, and
Addendum #2, if applicable), (ii) the plans and specification listed in the BID Project Manual, if
applicable, and (iii) Contractor’s Response to BID, collectively incorporated herein by reference, and as
further detailed in Exhibit A – Scope of Work/Contractor’s Proposal (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”).
1.1.
Scope of Work. The scope of work shall include, without limitation, the repair of
MCC-Penn Valley Campus Carter Arts Center roof area 25 as follows. Contractor shall:
a) provide shop drawing prior to installing new coping;
b) perform Work inside the existing building during normal business working hours of
7:00 a.m. to 5:00 p.m., Monday through Friday, except otherwise approved in writing
by MCC, email being sufficient;
c) provide 100% supervision of the ground equipment at all times when in use;
d) have the sole responsibility for the unloading and storage of materials in a secure
area;
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e) tear existing coping metal at specified locations (approx. 240 LF);
f) install specified membrane over parapet wall;
g) fabricate and install 24 gauge radius Pittsburgh Seam coping (approx. 240 LF) with
continuous 20 gauge cleat;
h) install all new metal roof panels that are continuous panels with no overlap joints,
with the exception of the Pittsburgh seam copings;
i) repair the ridged modified bitumen membrane areas with specified
mastic/fabric/mastic. (approx. 250 LF);
j) provide 3 year warranty for labor and materials;
k) limit use of premises to work in areas indicated, and shall not disturb portions of
project site beyond areas in which the Work is indicated;
l) keep driveways, loading areas, and entrances serving premises clear and available
to MCC, MCC's employees, and emergency vehicles at all times, and shall not use
these areas for parking or storage of materials;
m) schedule deliveries to minimize space and time requirements for storage of materials
and equipment on-site;
n) provide not less than 72 hours' notice to MCC of activities that will affect MCC's
operations;
o) enclose all work areas with red/orange vinyl fencing supported by traffic barrels
properly weighted with sand or other acceptable means approved by MCC’s Director
of Facility Services;
p) prohibit Contractor’s staff from changing into or from work clothes on MCC’s
premises;
q) maintain existing building in a weathertight condition throughout construction period;
r) repair damage caused by construction operations;
s) protect the Carter Arts Center and its occupants during the construction period;
t) shall perform the Work and cooperate with MCC during construction operations so
as not to interfere with MCC's operations, and to maintain existing exits, walkways,
corridors, and other adjacent occupied or used facilities opened and free of
obstructions, unless otherwise provided by the written permission of MCC, email
being sufficient;
u) not use of adjacent roofs not related to the project, unless provided written approval
by MCC, email being sufficient; and
v) not interrupt utilities serving facilities occupied by MCC except by (i) the written
approval by MCC, email being sufficient, and (ii) after arranging to provide essential
temporary utility services according to MCC’s requirements.
1.2.
a)
b)
c)
d)
MCC Occupancy.
MCC will occupy the premises for its intended educational purposes during the
construction period, with the exception of areas under construction.
MCC will operate and maintain mechanical and electrical systems serving occupied
portions of building.
MCC reserves the right to occupy, and to place and install equipment in, completed
areas of building, before Substantial Completion, provided such occupancy does
not interfere with completion of the Work, which shall not constitute acceptance of
the total Work.
Before partial MCC occupancy, mechanical and electrical systems shall be fully
operational, and required tests and inspections shall be successfully completed by
Contractor.
2.
Commencement and Completion Dates. Contractor will start and stop working when notified
by MCC and will perform its work with diligence and promptness as requested by MCC, all in
accordance with the following dates:
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2.1.
Commencement. Contractor shall commence the Work upon receipt of MCC’s Notice to
Proceed.
2.2.
Substantial Completion. Contractor shall substantially complete the Work on or before
May 27, 2016, with final completion by June 3, 2016. The term "Substantial Completion", as
used herein, shall mean that point at which, as certified in writing by MCC’s Director of Facility
Services, or his appointed designee, the Work is at a level of completion in strict compliance
with this Agreement such that MCC 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.
3.
Payments.
3.1.
MCC 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
$ ___________ , which includes a force account of $2,500, 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 Bid (or
Alternate Bid)
Base Amount
Force Accounts
Total
$
$2,500
$
3.2.
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.
3.3.
Unless otherwise agreed upon in writing by the parties, Contractor shall submit a
monthly application for payment to MCC’s Director of Facilities Services. MCC 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.
3.4.
Contractor shall pay MCC 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 MCC, estimated at the time of executing this Contract. When MCC reasonably
believes that Substantial Completion will be inexcusably delayed, MCC shall be entitled, but not
required, to withhold from any amounts otherwise due Contractor an amount then believed by
MCC 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 MCC has withheld payment, MCC shall promptly release to Contractor those funds
withheld, but no longer applicable, as liquidated damages.
3.5.
MCC shall pay Contractor within thirty days after receipt of a properly submitted
application for payment, and approval of such application by MCC’s Director of Facility Services.
3.6.
MCC may withhold payment to Contractor in order to protect MCC from loss arising out
of the Work, including without limitation, loss arising out of the following: a) defective
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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 MCC or another person or entity caused by Contractor or
Contractor’s subcontractors or material suppliers.
3.7.
When the Work is substantially complete and upon application by Contractor, MCC 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 MCC in accordance with these Terms and Conditions.
3.8.
Final payment, constituting the entire unpaid balance of the Contract Price, shall be
made by MCC to Contractor when the Work is fully performed and accepted by MCC. Final
payment shall not become due until Contractor has submitted to MCC the following: (1) final
application for payment, (2) releases of liens and claims in a form acceptable to MCC, (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.
4.
Payment and Performance Bonds. Prior to the performance of Work under this Agreement,
Contractor will furnish to MCC 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 MCC and in the form acceptable
to MCC. The bonds shall name MCC, as obligee.
5.
Insurance. Contractor shall purchase and maintain insurance of the following types of
coverage and limits of liability:
5.1.
Worker's Compensation insurance, or local equivalent, as prescribed by the law of the
state or jurisdiction in which the Project is performed;
5.2.
Employer's Liability insurance with minimum limits of $1,000,000.00 for each accident or
disease;
5.3.
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;
5.4.
Commercial Automobile Liability insurance covering "any auto" with minimum limits of
$1,000,000.00 per occurrence for bodily injury and property damage;
5.5.
Excess/Umbrella with minimum limits of $3,000,000;
5.6.
If removal or disposal of hazardous waste is a part of the Work, Contractor shall provide
MCC with proof of pollution legal liability for transportation, including an MCS 90 endorsement
on the auto liability, and disposal site sufficient to protect MCC and Contractor from losses that
could arise from Contractor's performance under this Agreement. This coverage and limits must
be approved by MCC prior to commencement of the Work.
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5.7.
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.
5.8.
The Commercial General Liability insurance shall (i) include Metropolitan Community
College and any other entity reasonably requested by MCC, as additional insureds, (ii) be
primary and non-contributory to any insurance maintained by MCC 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 MCC where allowed by
law.
5.9.
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 MCC; such approval
not to be unreasonably withheld.
5.10. 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 MCC
of cancellation, non-renewal or material policy change. MCC's Corporate Risk Manager may,
but shall not be required to, elect to approve in writing coverage amounts lower than those
specified above.
6.
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. MCC
will provide Contractor a Project Exemption Certificate to use in purchasing materials to be incorporated
into the Project.
7.
Terms and Conditions. MCC 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.
8.
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 MCC. Before making final payment, the Contractor and all subcontractors shall
submit an Affidavit to MCC stating they fully complied with the prevailing wage law.
9.
Exhibits. The following Exhibits are attached hereto and incorporated herein, and are part of
the Contract Documents:
Exhibit A – Scope of Work/Contractor’s Proposal; and
Exhibit B – Certification Contractor Is Not Excluded from Federal or State Programs (Contractor
shall sign, have notarized, and return the Non-Exclusion Certification to MCC with
the signed Agreement).
10.
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 MCC, communications shall be to the attention
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of Kathy Walter-Mack, Chief of Staff to the Chancellor; if to the Contractor, communications shall be to
the attention of _______________________________.
11.
Changes in the Work. MCC, without invalidating this Agreement, may order changes in the
Work consisting of additions, deletions, or modifications. MCC 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 Change
Order. The Contract Price and time to complete the Work shall be changed only by written change
order. The cost or credit to MCC 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 MCC’s Director of Facility Services and Contractor
(“Change Order(s)”).
12.
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.
13.
Execution and Progress of the Work. Contractor shall cooperate with MCC, in scheduling
and performing the Work to avoid conflict, delay in or interference with MCC’s use of the property.
Contractor shall begin work as soon as instructed to do so by MCC and shall perform the work
promptly, efficiently, and at a speed as determined by MCC so as to not damage, delay or interfere with
MCC or the operation of the facility. Contractor agrees that MCC may require Contractor to prosecute
some parts of the Work in preference to others as MCC may specify from time to time. MCC 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 MCC’s control. Contractor shall take necessary
precautions to protect the work of others or MCC’s property from damage caused by the Work.
14.
Safety. Contractor shall be responsible for safety including compliance with governmental
requirements in the performance of the Work, including without limitation OSHA.
15.
Tobacco-Free Policy. The 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 this Agreement and under law.
16.
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.
17.
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, 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,
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records and/or information which MCC determines is a public record subject to disclosure pursuant to
the Missouri Sunshine Law.
18.
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.
19.
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.
20.
Survival. All representations, warranties, and indemnifications made herein shall survive
termination or cancellation of the Agreement.
21.
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 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.
22.
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.
23.
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.
24.
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 MCC 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.
25.
Clean Up. Contractor shall keep the work area and surrounding area free from accumulation of
waste materials or rubbish caused by the Work.
26.
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 MCC and MCC 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 MCC.
27.
Warranty. Contractor warrants to MCC 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
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workmanship appear within one (1) year from the date of completion of the Work, Contractor shall
correct the defects at no cost to MCC.
28.
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 this Agreement.
29.
Indemnification. Contractor agrees to protect, indemnify, defend, and hold harmless MCC,
and MCC’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.
30.
Claims. Contractor shall make claims promptly to MCC in writing.
31.
Correction of Defective Work/Right to Stop Work.
31.1. Contractor shall promptly correct Work rejected by MCC. 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, MCC, 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.
31.2. 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 MCC to
commence and continue correction of such default or neglect with diligence and promptness,
MCC may, without prejudice to any other remedy MCC may have, make good such deficiencies
and may deduct the cost thereof from the payments then or thereafter due Contractor.
32.
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, MCC may
terminate a this Agreement in MCC’s sole discretion, and finish the Work by whatever method MCC
may deem expedient. MCC may also terminate this Agreement for its convenience (without cause)
with seven (7) days’ written notice. If MCC terminates this Agreement for its convenience, Contractor
shall not be entitled to overhead or profit on work not performed.
33.
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.
34.
Assignment of Work. It is understood the Contractor shall not assign or subcontract the Work
of this 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 Work.
35.
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.
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36.
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 MCC.
37.
Changes in Financial Conditions. Contractor agrees to immediately notify MCC 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.
38.
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.
39.
Equal Opportunity/Non-Discrimination. MCC 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.
40.
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;
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E.
Contractor will immediately notify MCC 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 MCC 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 MCC, within ten (10) days of a request by
MCC, 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.
41.
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.
42.
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 MCC 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
Kansas City, Missouri
Contractor
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
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EXHIBIT A
SCOPE OF WORK / CONTRACTOR’S PROPOSAL
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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:
___________________________________
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ACKNOWLEDGEMENT OF RECEIPT
Bid # 16-7127-CP – Carter Arts Center – Roof Area 25 Repairs
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 Bid
Request.
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 April 4, 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.)
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