BID REQUEST
No 16-7133-CP
PROJECT MANUAL
FOR
HVAC RTU Replacements
AT
FOR
THE BOARD OF TRUSTEES OF
METROPOLITAN COMMUNITY COLLEGE
May 13, 2016
PROJECT BID TIME & DATE: 11:00 a.m., Tuesday, June 7, 2016
Site Visits:
May 19, 2016 at 9:00 AM
Blue River: Meet in Education Center, room EC110
May 19, 2016 at 1:00 PM
Maple Woods: Meet in the Facility Services building
TABLE OF CONTENTS
BID REQUEST NO. 16-7133-CP
PART I – BID INFORMATION, INSTRUCTIONS, FORMS
REQUEST FOR BIDS
DESCRIPTION OF WORK
WORK SCHEDULE
INSTRUCTIONS TO BIDDERS
FORM OF PROPOSAL
FORM: PAYMENT BOND
FORM: PERFORMANCE BOND
FORM: WAIVER OF MECHANIC’S LIEN (by Contractor)
FORM: WAIVER OF MECHANIC’S LIEN (by Subcontractor)
FORM: WAIVER OF MECHANIC’S LIEN (by equipment or materials Supplier)
FORM: CHANGE ORDER
PART II – CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, SAMPLE
CONTRACT
GENERAL TERMS AND CONDITIONS
FORM: M/WBE PARTICIPATION FORM
FORM: GOOD FAITH AFFIDAVIT – CONSTRUCTION
FORM: MISSOURI WAGE AND LABOR STANDARDS – AFFIDAVIT
COMPLIANCE WITH THE PREVAILING WAGE LAW
FORM: FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUM
FORM: FEDERAL WORK AUTORIZATION PROGRAM AFFIDAVIT
FORM: NON-COLLUSION AFFIDAVIT
SAMPLE CONTRACT with Exhibits
PART III – ACKNOWLEDGEMENT OF RECEIPT, APPENDIX
ACKNOWLEDGEMENT OF RECEIPT FORM (Return Completed Form to MCC immediately)
PART I – APPENDIX: Notes, Standard Details
Metropolitan Community College
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HVAC RTU Replacements – 16-7133-CP
PART I
BID INFORMATION, INSTRUCTIONS, FORMS
REQUEST FOR BIDS
METROPOLITAN COMMUNITY COLLEGE (MCC)
Bid Request No 16-7133-CP
Sealed Bids for:
HVAC RTU Replacements
AT
MCC – Maple Woods, Administrative Center
MCC – Maple Woods, Student Center
MCC – Blue River, Education Center
Will be received by the Purchasing Department, Metropolitan Community College, 3200 Broadway,
Kansas City, Missouri AT 11:00 A.M. on Tuesday, June 7, 2016.
Specifications and conditions of bidding and the printed form on which all bids must be made, may
also be obtained by downloading it from: www.mcckc.edu/purchasing/bids.
Bids must be accompanied by Bid Security in the form of a Letter of Credit or Surety Bond in an
amount not less than five percent of the bid, as provided in the Contract Documents.
The Board of Trustees of Metropolitan Community College reserves the right to waive informalities
in bids and to reject any and all bids.
The Board of Trustees
Metropolitan Community College
By:
Metropolitan Community College
Page 3
Diane Pacheco
Purchasing Manager
PH: (816) 604-1100
HVAC RTU Replacements – 16-7133-CP
DESCRIPTION OF WORK
BID REQUEST NO. 16-7133-CP
A.
GENERAL
Work is generally described as HVAC Unit Replacements at the Metropolitan Community
College’s Blue River and Maple Woods campuses.
Metropolitan Community College (MCC), a public community college district and political
subdivision of the State of Missouri located in Kansas City, Missouri, extends an invitation to
qualified contractors with the necessary resources and experience to submit proposals to
acquire necessary HVAC units, remove old units and install new ones according to
manufacturer’s specifications on three buildings. The location are the Blue River Education
Center, Maple Woods Administrative Center and Maple Woods Student Center.
The units are preferred to be replaced with Carrier. Units will be awarded by campus with up
to two vendors being selected.
B.
BIDDER QUALIFICATIONS
Services that are to be provided shall be performed by qualified and trained service personnel
that are directly employed by the Service Company. Subcontracting portions of services
requested in this specification shall not be allowed without prior consent.
C.
SCOPE OF WORK
1. Work Locations
a. MCC-Blue River, Education Center
20301 East 78 Highway
Independence, Missouri 64057-2052
Facilities Superintendent: Tom Cooley
b. MCC-Maple Woods, Administrative Center and Student Center
2601 NE Barry Road,
Kansas City, Missouri 64156-1299
Facilities Superintendent: Tom Hulett
2. Units to be replaced:
Campus
Building/Location
Manufac.
Seriel #
Model #
Blue River
Education Center, West
Aaon
94LFCE3
Maple Woods
Admin Center, Pkg Unit
Trane
J88C70786
Maple Woods
Maple Woods
Student Center, #1
Student Center, #2
Eng. Air
Eng. Air
DK728-SU1
DK728-SU2
RF090310000/
FODOFAODOOOCOY
SXGFC7540E10C/
99D3D00AMNRTB
FWB-953-K-0
FWB-642-K-0
Year
Installed
1995
*Prfd Rpl
Brand
Carrier
1987
Carrier
1997
1997
Carrier
Carrier
*Please include Unit Manufacturer and Replacement Model Number with your bid response.
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HVAC RTU Replacements – 16-7133-CP
The Blue River unit it to be replaced with a like kind unit with a preheat feature added. The
unit will have the capability of providing a minimum of 80 KW of preheat without exceeding
the 200Amp/480V electrical feed capacity.
All Maple Woods units are to be replaced with like kind units.
If a contractor recommends a different size unit, either larger or smaller, a justification needs
to be included with the bid response. If there is a more energy efficient model available, please
make note on the bid form and provide a simple cost analysis with estimated payback period.
3. Site visits:
Blue River – 9:00 a.m. on May 19, 2016
Meet in the Education Center, Room EC110
Maple Woods – 1:00 p.m. on May 19, 2016
Meet at the Facility Services Building
4. General
a) The bid for the services outlined in this bid shall include all disciplines (mechanical,
electrical, and temperature controls, etc.) required to complete the scope of work. The
Contractor must be equipped and prepared to have all aspects of the work performed.
b) The Contractor must not use MCC equipment, materials or supplies. This includes,
but is not limited to, rags, oil pads, tools, forklifts, pallets, ladders, cranes, rigging,
piping, or pipe insulation, unless permission is obtained in writing, email being
sufficient, from the appropriate MCC Facility Services Superintendent.
c)
The Contractor will provide the necessary cranes and rigging to install the new
equipment as well as the demo and removal of the old equipment. The Contractor will
be responsible for window removal and replacement, if applicable.
d) The Contractor must supply all the personnel and other resources necessary to
perform the removals and installations. The Contractor must furnish labor, material
and sundry supplies as required for uninterrupted operation of the cooling tower units.
To the extent possible, the Contractor must have parts immediately available to
minimize down-time.
e) The Contractor will ensure electrical wiring and start up, including coordination with
Control Services Company for integration to the Automated Logic system.
f) All work must comply with manufacturer specifications and federal, state, and local
regulations.
g) Permits and performance/payment bonds must be included.
h) The current Missouri Division of Labor Standards Annual Wage Order can be
downloaded from our website: http://www.mcckc.edu/purchasing/vendor.
5. Controls
All units are to be installed to “plug and play” into our Automated Logic system. The
Contractor will be responsible for ensuring all necessary communication instruments are
included and operational.
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HVAC RTU Replacements – 16-7133-CP
The Contractor will also be responsible for coordinating work with Control Services
Company (CSC). MCC will pay CSC, directly. Any questions and controls coordination
goes to Matt Adamson: madamson@controlservice.com, cell 913-991-2114, work 816600-5800.
6. Safety
The contractor is to comply with any and all OSHA safety guidelines during the entire
duration of the project.
All work areas are to be enclosed with red/orange vinyl fencing supported by traffic barrels
properly weighted with sand or other acceptable means approved by the Owner’s Director
of Facility Services.
7. KCP&L Rebate
Contractor will provide calculated energy savings with the new units compared to the old
units after the bid has been awarded and before the equipment is ordered.
8. Timing of Replacements
The units can be installed upon receipt of all units. Coordination with the Facilities
Departments needs to be made no less than one (1) week in advance.
Work shall commence after notice to proceed has been issued by Owner’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
September 30, 2016 and final completion by October 31, 2016. These dates are the latest
expected dates and could be sooner depending on weather conditions.
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HVAC RTU Replacements – 16-7133-CP
INSTRUCTIONS TO BIDDERS
BID REQUEST NO. 16-7133-CP
1.
GENERAL
a. Execute and submit all bids in accordance with these instructions and the applicable
provisions of the specifications.
1. Submit one original and one (1) electronic copy (including bid form in excel)
submitted with the bid document to: Purchase Manager, MCC – Administrative
Center, 3200 Broadway, Kansas City, MO 64111, by 11:00 am. June 7, 2016.
2. Prices must be stated in units of quantity specified and extended in total column.
3. Proposals, to receive consideration, must be received prior to time designated in
this inquiry.
4. The Board of Trustees reserves the right to waive defects and informalities in
proposals, to reject any or all proposals, or to accept any proposals as may be
deemed to its interest, and to award by item, combination of items or lot.
5. MO Sales and Use Tax not applicable to any purchase. Exemption certificate
furnished as required.
6. Any bid may be withdrawn at any time prior to that specified herein for the opening
of bids, but no bid may be withdrawn for a period of sixty (60) days thereafter.
7. A 5% preference shall be granted to all firms, corporations, or individuals doing
business as a Missouri firm, corporation or individual on all contracts other than
new construction, provided the additional cost to the District does not exceed $500.
8. All Bidders are requested to attempt in good faith to utilize MBE/WBE contractors,
sub-contractors, vendors, and material suppliers. Low bidders may be required to
demonstrate they have performed good faith efforts. A list of resources for finding
MBE/WBE
companies
can
be
obtained
at
www.mcckc.edu/services/purchasing/department/minority.asp. Bidders must
indicate their Minority and Women Business Enterprises participation levels
committed to this project on the M/WBE Participation Form, and prime contractors
are required to provide a written list of subcontractors and suppliers which
submitted bids to them on the Good Faith Affidavit – Construction, collectively
attached hereto in Part II.
9. Information pertaining to any item of this request may be obtained by submitting a
request via email to 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 Sample Contract, collectively attached
hereto in Part II.
11. All MCC locations are completely tobacco-free and non-smoking, both indoors and
outside. No tobacco products of any kind are allowed. Contractor’s personnel will
be required to follow this policy.
12. MCC, due to its status as a political subdivision of the state of Missouri and its
entitlement to sovereign immunity, is unable to accept contract provisions that
require the indemnification of others. Any indemnity language in proposed terms
and conditions will be modified to conform to language acceptable to MCC.
13. MCC is a political subdivision of the state of Missouri and as such cannot create
indebtedness in any one year above what it can pay out of the annual income of
said year. Should MCC determine it has not received adequate appropriations
budget allocations income to enable it to meet the terms of this Contract, MCC
reserves the right to cancel this Contract with a 30 days’ notice. Multi-year term
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HVAC RTU Replacements – 16-7133-CP
and supply contracts and leases and the exercise of options to renew are subject
to annual appropriations.
2.
PRE-BID CONFERENCE
There will be site visits:
May 19, 2016 at 9:00 AM
Blue River: Meet in Education Center, room EC110 – 20301 East 78 Highway, Independence,
Missouri 64057-2052
May 19, 2016 at 1:00 PM
Maple Woods: Meet in the Facility Services building – 2601 NE Barry Road, Kansas City,
Missouri 64156-1299
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, May 24, 2016.
3.
4.
QUALIFICATIONS OF BIDDERS
a.
Bidder must have at least five (5) years of experience in the type of work involved in
this project, and must have performed work similar in scope to the work proposed in
this project.
b.
Refer to individual sections for further qualifications or requirements.
c.
Upon request of Metropolitan Community College (Owner), the apparent successful
Bidder shall furnish documentation satisfactory to Owner, which confirms qualification
requirements. MCC may contact references prior to award of contract.
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.
5.
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.
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.
Metropolitan Community College
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HVAC RTU Replacements – 16-7133-CP
6.
7.
BIDDING PROCEDURES
a.
Bids shall be submitted with 1 (one) original and 1 (one) electronic copy submitted
with the bid document and delivered to: Purchasing Manager, Metropolitan
Community College, 3200 Broadway, Kansas City, MO 64111, with all appropriate
forms from this Bid Request, signed and completed.
b.
Bids shall be in sealed envelope clearly marked with bid number, time and date of bid
opening, Bidder’s name, address.
c.
Bid security required by these Contract Documents shall be included in bid proposal.
d.
Bids may be withdrawn in person or by written request any time prior to scheduled
closing time for receipt of bids.
e.
All bids shall be valid for 60 days after opening, but the Owner reserves the right to
reject any or all bids.
f.
No bid proposal shall be withdrawn subsequent to specified time of bid opening for a
period of 60 calendar days without written consent of the Owner.
g.
Any exceptions to the terms and conditions of this Bid Request shall be clearly stated
and it is at MCC’s discretion whether the exception shall be accepted or shall invalidate
the proposal.
ACCEPTANCE AND REJECTION OF PROPOSALS
The Owner reserves the right to reject any or all bids and to waive any informality or
technicality in bidding. In addition, the Bidder recognizes the right of the Owner to reject a bid
if the Bidder failed to furnish any required bid security, or to submit the data required by the
bidding documents, or the bid is in any way incomplete or irregular. As a condition precedent
to contract award, the Bidder’s prior experience, financial status and his proposed
Subcontractors will be carefully considered. If awarded, the contract will be awarded to the
lowest Bidder complying with the conditions of the bidding documents. If discrepancies exist
between unit prices and their calculated extension, unit prices shall take precedence.
8.
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.
9.
UNIT PRICES
A unit price is the amount stated in the proposal form or subsequently agreed upon by the
Owner and the Contractor as a price per unit of measurement for addition or deduction of
materials or services as described in the Contract Documents. The unit prices may or may
not be used as determined to be in the best interest of the Owner, per the General Conditions.
Itemized data shall be required substantiating unit price when required for change order, cost
proposal, or requested by Owner’s Director of Facility Services.
Metropolitan Community College
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HVAC RTU Replacements – 16-7133-CP
Unit prices shall include costs of labor, materials, services, overhead and profit, bonds,
insurance, and other costs to cover the completed work. Additions or deductions in the work
authorized shall be executed in accordance with the applicable sections of the specifications.
10.
SUBSTITUTIONS
a.
Substitutions Prior to Bid Date: For inclusion of products other than those specified,
Bidders shall submit a request in writing with their response by 11 a.m. on June 7,
2016. Requests shall clearly define and describe the product for which inclusion is
requested.
b.
Substitutions after Award of Contract: Substitutions of products will be considered
after award of contract only under one of the following conditions:
(1)
When the specified product is not available due to a strike, lockout, bankruptcy,
discontinuance of the Manufacturer of a product, or natural disasters.
(2)
When a guarantee of performance is required and, in the judgment of the
Contractor, the specified product or process will not produce the desired
results.
Requests for such substitution shall be made in writing to Owner’s Director of Facility
Services within ten (10) days of the date that the Contractor ascertains he cannot
obtain the material or equipment specified, or that the performance cannot be
guaranteed.
c.
11.
Procedures Respecting Substitutions
(1)
Materials and equipment proposed for substitution shall be equal or superior
to that specified in construction, efficiency, utility, aesthetic design, and color,
as determined by Owner’s Director of Facility Services, whose decision shall
be final and without further recourse. Physical size of substitute brand shall
not be larger than the space provided for it. Requests must be accompanied
by full description and technical data, in two copies, including Manufacturer’s
name, model, catalog number, photographs or cuts, physical dimensions,
operating characteristics, and any other information necessary for comparison.
(2)
Permission to make any substitution after award of the contract shall be effected
by a change order. It shall not relieve the Contractor, any Subcontractor,
Manufacturer, Fabricator or Supplier from responsibility for any deficiency that
may exist in the substituted product or for any departures or deviations from the
requirements of the Contract Documents, as modified by such change order.
The substituted product will satisfy all standards and requirements satisfied by
the originally specified product and the change order shall not be deemed to
modify the Contract Documents with respect thereto.
(3)
If any substitution will affect a correlated function, adjacent construction, or the
work of other trades or Contractors, the necessary changes and modifications
to the affected work shall be considered as an essential part of the proposed
substitution, to be accomplished by the Contractor without additional expense
to the Owner, if and when accepted.
LOG
Metropolitan Community College
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HVAC RTU Replacements – 16-7133-CP
The Contractor shall furnish and keep one (1) log book at the Project Site. He shall enter into
this log each day the weather conditions, the temperature, general information as to the
progress of the project, materials received, amount of concrete placed that day, tests made,
inspections made by other authorities, and all visitors to the Project Site. One (1) copy of the
log shall be submitted to Owner’s Director of Facility Services every Monday following
completion of the previous week’s work.
12.
TEMPORARY FACILITIES AND CONTROLS
Limited storage space is available within the work area for overnight and weekend storage of
Contractor’s lockboxes and materials. In general, storage will be confined to the specific work
areas or an area agreed upon by the Owner and Contractor. The Contractor shall obtain
approval of storage areas from the Owner. The Contractor shall be responsible for parking
for its employees.
Temporary Water
The Owner shall provide and pay for all water used for construction purposes. The Contractor
shall provide and maintain necessary temporary connections to the source of temporary
supply.
Temporary Electric
The contractor shall provide a generator for any electrical power required for the various work
items.
Temporary Telephone
A telephone will be required and shall be supplied and paid for by the general Contractor.
Security Provisions
The Contractor shall be responsible for the security of this project. It shall be his responsibility
to construct and maintain any required pedestrian walkways, barricades, screens, railings and
fences in strict accordance with all applicable codes for protection of pedestrians.
Temporary Sanitary Facilities
The Contractor shall provide and maintain sanitary facilities at the site. Facilities and locations
are subject to approval of the Owner’s Director of Facility Services. The Contractor shall
obtain and pay for any applicable permit. Contractor’s personnel shall not use public toilet
facilities or tenant toilet facilities in any location of the Metropolitan Community Colleges.
Workmen shall only use temporary facilities provided by the Contractor.
13.
SCHEDULE
Work shall commence on the date stipulated in the “Notice to Proceed,” and shall be
completed within the time frame stated on the Bid Form. The Contractor shall provide the
Owner’s Director of Facility Services with a schedule bar chart and expected sequence of
operation prior to beginning the work. The Owner’s Director of Facility Services shall review
and approve the schedule.
Metropolitan Community College
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HVAC RTU Replacements – 16-7133-CP
14.
15.
WORK SEQUENCE
a.
Prior to commencement of work, the Contractor shall meet with the Owner’s Director
of Facility Services to establish sequence and schedule of work.
b.
Contractor shall remove all broken concrete and debris from the work area on a daily
basis and dispose of same at authorized dump sites.
INTERPRETATION OF CONTRACT DOCUMENTS
a. Bidders requiring any interpretations or clarifications of Contract Documents shall direct
such questions to the Owner in writing. No communication will take place between
suppliers and MCC during the bid process, except in writing. Questions should be
emailed to Purchasing.info@mcckc.edu. Questions must be received by noon, May 24,
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.
Metropolitan Community College
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HVAC RTU Replacements – 16-7133-CP
FORM OF PROPOSAL
BID REQUEST # 16-7133-CP
HVAC RTU Replacements
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 on
the drawings and in the specifications for the replacement of designated HVAC units.
BASE BID: Blue River – Education Center
$
FORCE ACCOUNT: Blue River – Education Center
$
1.TOTAL: Blue River – Education Center
$
BASE BID: Maple Woods – Admin Center
$
FORCE ACCOUNT: Maple Woods – Admin Center
$
2.TOTAL: Maple Woods – Admin Center
$
BASE BID: Maple Woods – Student Center #1
$
FORCE ACCOUNT: Maple Woods – Student Center #1 $
3.TOTAL: Maple Woods – Student Center #1
$
BASE BID: Maple Woods – Student Center #2
$
FORCE ACCOUNT: Maple Woods – Student Center #2 $
4.TOTAL: Maple Woods – Student Center #2
5,000.00
5,000.00
5,000.00
5,000.00
$
“FORCE ACCOUNT” - It is anticipated that there may be some work not included in the item list
covered under this specification. Because of this potential, a “Force Account” shall be initialized by
the Owner 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 Owner’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 the Owner, and such
change order, with copies of the written authorization attached, shall be submitted to the Owner for
acceptance.
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HVAC RTU Replacements – 16-7133-CP
DESCRIPTION OF ABBREVIATIONS
Sq .Ft.
=
Square Feet
Ln. Ft.
=
Linear Feet
Cu. Yd.
=
Cubic Yard
Ea.
=
Each
A/R
=
As Required
N/A
=
Not Applicable
Lbs.
=
Pounds
R/R
=
Remove & Replace
TFAW
=
Total for All Work
TOTAL FOR ALL BASE BID WORK ITEMS
NUMERIC DOLLAR AMOUNT
WRITTEN DOLLAR AMOUNT
Replacement Spec
1. Complete table for replacement units.
Blue River:
Manufacturer
Model #
Capacity
Model #
Capacity
1
Maple Woods:
Manufacturer
2
3
4
2. Attach spec sheets for each unit. Include any additional details/justification.
3. Estimated lead time: ________________________
Vendor Questionnaire
1. Please give us some information about your company’s history and direct industry experience
2. Please include any service plan details that you would like to add
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HVAC RTU Replacements – 16-7133-CP
3. Please include at least three (3) references
ADDENDA
The Contractor acknowledges receipt and the consequent review of the following Addenda covering
revisions to the drawings and/or specifications, and the cost, if any, of such revisions has been
included in the price herein before quoted:
Addendum No.
Date
Addendum No.
Date
Addendum No.
Date
Addendum No.
Date
Addendum No.
Date
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HVAC RTU Replacements – 16-7133-CP
HVAC Unit Replacements
BF-11
Date: May 13, 2016
Bid Request 16-7133-CP
ON THIS SHEET, THE CONTRACTOR WILL PROVIDE A COMPLETE BREAKDOWN OF
MOBILIZATION COSTS:
Metropolitan Community College
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HVAC RTU Replacements – 16-7133-CP
HVAC Unit Replacements
BF-11
Date: May 13, 2016
Bid Request 16-7133-CP
REQUIRED INFORMATION - GENERAL CONDITIONS
The Contractor shall enter the percent of mark-up for overhead and profit if he/she is requested
to perform work on a time and materials basis.
%
Overhead
%
Profit
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HVAC RTU Replacements – 16-7133-CP
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 18
INSTALLER
VALUE ($) OF BASE
BID SUBCONTRACTOR
WORK
HVAC RTU Replacements – 16-7133-CP
HVAC Unit Replacements
GF-2
SUBCONTRACTORS:
Company Name
By: (Signature of
and Address _____________ Officer or Partner)
Title ____________ Date ____ Phone
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HVAC RTU Replacements – 16-7133-CP
The attached list of Subcontractors and material suppliers will be used by the undersigned for this
contract. If the work is to be done by the Contractor, so state. List only one per category.
DESCRIPTION
OF WORK
Metropolitan Community College
MANUFACTURER
/SUPPLIER
Page 20
INSTALLER
VALUE ($) OF BASE
BID SUBCONTRACTOR
WORK
HVAC RTU Replacements – 16-7133-CP
PAYMENT BOND
___________________________________________________________, as surety ("Surety"),
(Insert Proper Name of Surety)
and ________________________________________________________________________
(Insert Proper Name of Contractor)
as principal ("Contractor"), enter into, execute this bond ("Payment Bond"), and bind themselves in
favor of Metropolitan Community College, Kansas City, Missouri as obligee ("Owner") in the penal
sum of $_______________________________
(Insert Penal Sum)
as of the _________________________________________.
(Insert Date of Construction Contract)
WHEREAS, the Contractor has executed a contract with the Owner of even date
herewith ("Construction Contract") for construction of ___________________________________
_____________________________________________________________________________
(Insert Description and Location of the Construction Project)
("Project"); and,
WHEREAS, the Owner has required the Contractor to furnish this Payment Bond containing
the terms and conditions setforth herein as a condition to executing the Construction Contract with
the Contractor;
NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for
themselves, their heirs, administrators, executors and successors agree:
1.
The Construction Contract is hereby incorporated herein and by reference made a part hereof
to the same extent and effect as though it were copied verbatim herein. The Surety and the
Contractor are bound for the full performance of the Construction Contract including without
exception all of its terms and conditions, both express and implied, and, without limitation,
specifically including Contractor's obligation to pay for labor, materials, services and
equipment provided in connection with the Construction Contract performance;
2.
For purposes of this Payment Bond, Beneficiary is defined as a person or entity who has
actually provided labor, material, equipment, services or other items for use in furtherance of
the Construction Contract, and having:
(A)
a direct contract with the Contractor; or
(B)
a direct contract with a subcontractor of the Contractor; or
(C)
rights, under the laws of the jurisdiction where the Project is located, to file a lien, a
claim or notice of lien, or otherwise make a claim against the Project or against funds
held by the Owner, if the Project is, or were, subject to such filing.
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3.
The Surety shall not be obligated hereunder to a Beneficiary other than a Beneficiary having
a direct contract with the Contractor unless such Beneficiary has given written notice of its
claim to the Contractor and the Surety within the longer of:
(A)
ninety (90) days after such Beneficiary provided labor, material, equipment, services
or other items for use in furtherance of the Construction Contract; or,
(B)
the period of time provided by the jurisdiction wherein the Project is located for (1)
filing of a lien, claim of lien, notice of lien, if the Project is, or were, subject to such
filing, or (2) otherwise making a claim against the Project or against funds held by the
Owner; stating the amount claimed and identifying, by name and address, the person
or entity to whom such labor, material, equipment, services or other items were
provided.
4.
In no event shall the Surety be obligated hereunder for sums in excess of the Penal Sum.
5.
Upon receipt of a claim from a Beneficiary hereunder, the Surety shall promptly, and in no
event later than 30 days after receipt of such claim, respond to such claim in writing (furnishing
a copy of such response to the Owner) by:
(A)
making payment of all sums not in dispute; and,
(B)
stating the basis for disputing any sums not paid.
6.
No action shall be commenced by a Beneficiary hereunder after the passage of the longer of
one (1) year following final completion of the Construction Contract or, if this bond is provided
in compliance with applicable law, any limitation period provided therein. If the limitation
period contained in this Paragraph is unenforceable, it shall be deemed amended to provide
the minimum period for an action against the Surety on a payment bond by a third-party
beneficiary thereof.
7.
Any and all notices to the Surety or the Contractor shall be given by Certified Mail, Return
Receipt Requested, to the address set forth for each party below:
SURETY:
CONTRACTOR:
OWNER:
CONTRACTOR:______________________________________ SEAL
(INSERT PROPER NAME OF CONTRACTOR)
SURETY: _______________________________________ SEAL
(INSERT PROPER NAME OF SURETY)
By:__________________________________
By:________________________________
(SIGNATURE OF AUTHORIZED SIGNATORY) (SIGNATURE of AUTHORIZED SIGNATORY)
___________________________________________________________
(OFFICE OR TITLE OF PERSON SIGNING)
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HVAC RTU Replacements – 16-7133-CP
PERFORMANCE BOND
_____________________________________________________________ as surety ("Surety"),
(Insert Proper Name of Surety)
and __________________________________________________________________________
(Insert Proper Name of Contractor)
as principal (Contractor"), enter into, execute this bond ("Performance Bond"), and bind
themselves in favor of Metropolitan Community College, Kansas City, Missouri as obligee ("Owner"),
in the penal sum of $ ____________________________________________,
(Insert Penal Sum)
as of the ______________________________________________________.
(Insert Date of Construction Contract)
WHEREAS, the Contractor has executed a contract with the Owner of even date herewith
("Construction Contract") for construction of
(Insert Description and Location of the Construction Project)
and, WHEREAS, the Owner has required the Contractor to furnish this Performance Bond
containing the terms and conditions set forth herein as a condition to executing the Construction
Contract with the Contractor;
NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for
themselves, their heirs, administrators, executors and successors agree:
1. The Construction Contract is hereby incorporated herein and by reference made a part hereof to
the same extent and effect as though it were copied verbatim herein. The Surety and the
Contractor are bound for the full performance of the Construction Contract including without
exception all of its terms and conditions, both express and implied.
2. If the Contractor is in default of the Construction Contract and the Owner, by written notice to the
Contractor and the Surety, declares the Contractor to be in default and terminates the right of the
Contractor to proceed, the Surety shall thereupon promptly notify the Owner in writing as to which
of the actions permitted to the Surety in Paragraph 3 it will take. .
3. Upon default and termination of the Contractor and notice to the Contractor and Surety as
provided in Paragraph 2 above, the Surety shall within 30 days proceed to take one or, at its
option, more than one of the following courses of action:
(A)
Proceed itself, or through others acting on its behalf, to complete full performance of
the Construction Contract including, without limitation, correction of defective and
nonconforming work performed by or on behalf of the Contractor. During such
performance by the Surety the Owner shall pay the Surety from its own funds only
such sums as would have been due and payable to the Contractor in the absence of
the default and termination.
(B)
Applicable law permitting, and with the prior written consent of the Owner, obtain bids
or proposals from contractors previously identified as being acceptable to the Owner,
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HVAC RTU Replacements – 16-7133-CP
for full performance of the Construction Contract. The Surety shall furnish the Owner
a copy of such bids or proposals upon receipt of same. The Surety shall promptly
select, with the agreement of the Owner, the best responsive bid or proposal and shall
promptly tender the contractor submitting it, together with a contract for fulfillment and
completion of the Construction Contract executed by the completing contractor, to the
Owner for the Owner's execution. Upon execution by the Owner of the contract for
fulfillment and completion of the Construction Contract, the completing contractor shall
furnish to the Owner a performance bond and a separate payment bond, each in the
form of those bonds previously furnished to the Owner for the Project by the
Contractor. Each such bond shall be in the penal sum of the (1) fixed price for
completion, (2) guaranteed maximum price for completion, or (3) estimated price for
completion, whichever is applicable. The Owner shall pay the completing contractor
from its own funds only such sums as would have been due and payable to the
Contractor under the Construction Contract as and when they would have been due
and payable to the Contractor in the absence of the default and termination. To the
extent that the Owner is obligated to pay the completing contractor sums which would
not have then been due and payable to the Contractor under the Construction
Contract, the Surety shall provide the Owner with such sums in a sufficiently timely
manner that the Owner can utilize such sums in making timely payment to the
completing contractor; or,
(C)
Take any and all other acts, if any, mutually agreed upon in writing by the Owner and
the Surety.
4.
In addition to those duties set forth hereinabove, the Surety shall promptly pay the Owner all
loss, costs and expenses resulting from the Contractor's default(s), including, without
limitation, fees, expenses and costs for engineers and engineer’s consultants if applicable,
testing, surveying and attorneys, liquidated or actual damages, as applicable, for delay in
completion of the Project, and fees, expenses and costs incurred at the direction, request, or
as a result of the acts or omissions of the Surety.
5.
In no event shall the Surety be obligated to the Owner hereunder for any sum in excess of the
Penal Sum.
6.
The Surety waives notice of any changes to the Construction Contract including, without
limitation, changes in the contract time, the contract price, or the work to be performed.
7.
This Performance Bond is provided by the Surety for the sole and exclusive benefit of the
Owner and, if applicable, any dual obligee designated by rider attached hereto, together with
their heirs, administrators, executors, successors or assigns. No other party, person or entity
shall have any rights against the Surety hereunder.
8.
Any statutory limitation, which may be contractually superseded, to the contrary
notwithstanding, any action heron may be instituted so long as the applicable statute of
limitations governing the Construction Contract has not run or expired.
9.
Any and all notices to the Surety, the Contractor or the Owner shall be given by Certified Mail,
Return Receipt Requested, to the address set forth for each party below:
SURETY:
CONTRACTOR:
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HVAC RTU Replacements – 16-7133-CP
OWNER:
10.
Any statutory limitation, which may be contractually superseded, to the contrary
notwithstanding, any action hereon may be instituted so long as the applicable statute of
limitations governing the Construction Contract has not run or expired.
CONTRACTOR:
SURETY:
____________________________________
(INSERT PROPER NAME OF CONTRACTOR)
___________________________________
(INSERT PROPER NAME OF SURETY)
By: _________________________________
(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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HVAC RTU Replacements – 16-7133-CP
WAIVER OF MECHANICS' LIEN (by Contractor)
The undersigned, (Contractor), having been employed by (Owner), as a contractor for the
construction of (describe improvements) (Contract No.) located on (legal description) does in
consideration of final payment in the amount of _______________ Dollars ($____) and other valuable
consideration, hereby waive and release any and lien, claim or right to lien, on the above described
improvements and premises under the laws of the state of ______________________ relating to
mechanics' liens, on account of labor, equipment or materials furnished for such improvements by
the undersigned to or on account of (Owner).
(Contractor)
Address:
By
State of
Subscribe to before me this
County of
of
day
2,
Notary Public:
My Commission Expires
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2,
HVAC RTU Replacements – 16-7133-CP
WAIVER OF MECHANICS' LIEN (by Subcontractor)
The undersigned,
, having been employed by (prime contractor) as
a subcontractor in the construction of the (describe improvements ) located on (legal description ),
for and in consideration of the sum of
Dollars ($
) 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
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2,
HVAC RTU Replacements – 16-7133-CP
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
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2,
HVAC RTU Replacements – 16-7133-CP
CHANGE ORDER
This is Change Order No. _______ to Contract dated ___________________, for construction of
_____________________________________________________________________________,
(Insert Description of the Construction Project)
between ___________________________________________________________, as Contractor
and Metropolitan Community College, Kansas City, Missouri, as Owner.
Contractor is directed to make the following changes in the Work:
The Contract Price, as adjusted through Change Order No. _______
(if there have been such adjustments), was
$__________________________
The Contract Price is hereby increased or decreased, if any,
as a result of this Change Order in the amount of
$__________________________
The Contract Price, taking into account the effect of this
Change Order, if any, shall be and is
$__________________________
The Date of Substantial Completion, taking into account the effect of this Change Order, shall now
be
___________________________, 20____.
The parties have caused this Change Order to be executed by their authorized representatives on
the day and year written below.
Junior College District of Metropolitan
Kansas City, Missouri
Contractor
By:
By:
Name:
Title:
Title:
Title:
Date:
Date:
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HVAC RTU Replacements – 16-7133-CP
PART II
CONTRACT DOCUMENTS, REQUIRED
AFFIDAVITS, SAMPLE CONTRACT
GENERAL TERMS AND CONDITIONS
1.
Contract Documents. Contract Documents are contained in this bid specification,
including without limitation, the Project Manual for Bid Request and any subsequent addenda and/or
written modifications, the terms of the Sample Agreement, Contractor’s Proposal Form, including any
completed forms and certifications required by Contractor under the Bid Request, and MCC’s Notice
of Award letter which shall form a binding agreement and shall be made a part of any contract
executed between MCC and the winning Contractor regarding the subject matter herein.
2.
Governing Law. Any Contract issued as a result of this RFP shall be constructed in
accordance with the laws of the state of Missouri.
3.
Sovereign Immunity. MCC, due to its status as a political subdivision of the state of
Missouri and its entitlement to sovereign immunity, is unable to accept contract provisions that require
the indemnification of others. Any indemnity language in proposed terms and conditions will be
modified to conform to language acceptable to MCC.
4.
OSHA 10 - Required Safety Training. The Construction Safety Training Act, Section
292.675 RSMo, requires all contractors and subcontractors who enter into contracts with public
bodies for construction of public works to train their on-site employees regarding the potential hazards
they may encounter. The training may be accomplished by providing a standard OSHA 10-hour
construction program (taught by an OSHA-authorized instructor) or a similar program approved by
the Division of Labor Standards. On-site employees include:
i.
workers directly engaged in construction at the project site;
ii.
workers at nearby or adjacent facilities used by the contractor or subcontractor for
construction;
iii.
workers engaged in the transportation of materials, fuel or equipment from one place
on the site of construction to another place on-site; and
iv.
drivers who deliver materials, fuel, or equipment to the site if they assist in loading or
unloading the delivery vehicle once at the project site, or engage in any other work at
the site.
On-site employees who have not completed required safety training within 60 days of beginning work
on a project at the latest must be removed from the project and the employer will be subject to
penalties as described in the Act.
5.
Non-Discrimination. MCC is an equal opportunity/affirmative action employer. If
applicable, Contractor, in performing the work required by the Agreement, agrees to comply with the
applicable provision of Executive Order 11246 issued by the President of the United States,
September 24, 1965, and the applicable provisions of the Vietnam Era Veterans Readjustment
Assistance Act of 1974 and the Rehabilitation Act of 1974, all as amended, and to comply with the
Rules and Regulations issued thereunder, as set forth at 41 CFR § 10.1-4(a), and 41 CFR § 60-250.
Contractor agrees not to discriminate against any employee or applicant for employment because of
race, color, religion, age, sex, sexual orientation, gender identity, disability, national origin, veteran
status or any other status protected by applicable law. This Contractor and subcontractor shall
also abide by the requirements of 41 CFR § 60-300.5(a), and 41 CFR § 60-741.5(a). These
regulations prohibit discrimination against qualified protected veterans and qualified
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individuals on the basis of disability and require affirmative action by covered prime
contractors and subcontractors to employ and advance in employment qualified protected
veterans and individuals with disabilities.
6.
Rules and Regulations. Contractor covenants and agrees that Contractor shall
observe all MCC policies and procedures, as well as all rules, regulations, and security requirements
concerning the safety of persons and property.
7.
Compliance with Laws. Contractor represents and warrants that Contractor shall
observe, perform, and comply with all federal, state, and local laws, ordinances, rules, regulations,
and all amendments thereto which in any manner may affect the operations and activities undertaken
by Contractor pursuant to the Agreement.
8.
Employee Eligibility Verification. If a contract will exceed $5,000, Bidder shall
execute and submit an affidavit, in a form prescribed by MCC and included in this Bid Request,
affirming that Bidder does not knowingly employ any person in connection with the contracted
services who does not have the legal right or authorization under federal law to work in the United
States as defined in 8 U.S.C. §1324a(h)(3). Bidder shall attach to the affidavit documentation
sufficient to establish Bidder’s enrollment and participation in an electronic verification of work
program operated by the United States Department of Homeland Security to verify information of
newly hired employees, under the Immigration and Reform and Control Act of 1986. Bidder may
https://eobtain
additional
information
about
E-Verify
and
enroll
at
verify.uscis.gov/enroll/StartPage.aspx?JS=YES.
9.
No Debarment. Contractor represents that it is not debarred or suspended from doing
business with the federal government and/or any state government, and shall notify MCC if it
becomes debarred or suspended during the Term of the Agreement.
10.
Immigration Law Compliance. Contractor certifies and agrees that:
10.1. Contractor does not knowingly or intentionally employ individuals who are
ineligible to work in the United States in violation of any federal or applicable state or local
laws;
10.2. Any Contractor employee assigned to perform services under this Agreement
has satisfied federal I-9 requirements and, to the best of Contractor's knowledge is lawfully
present in the United States;
10.3. Contractor does not have any knowledge that any Contractor employee
assigned to perform services under this Agreement is ineligible to work in the United States;
10.4. Contractor is enrolled in and participates in a federal work authorization
program as required by Missouri law, RSMo 295.525 and .530;
10.5. Contractor will immediately notify Owner of any investigation or legal
proceeding involving the federal or state government or of any requests by the U.S.
Immigration and Customs Enforcement to inspect Contractor's I-9 or other employment
records;
10.6. Contractor agrees to indemnify Owner for any fines, legal fees, or other costs
incurred because of investigations into the status of Contractor's employees or whether
Contractor's employees are authorized to work in the United States; and
10.7. Contractor agrees to complete and return with Contractors Bid Response a
Federal Work Authorization Program (“E-Verify”), and Affidavit.
11.
Appropriations. MCC is a political subdivision of the state of Missouri and as such
cannot create indebtedness in any one year above what it can pay out of the annual income of said
year. Should MCC determine it has not received adequate appropriations budget allocations income
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to enable it to meet the terms of this Contract, MCC reserves the right to cancel this Contract with a
30 days’ notice. Multi-year term and supply contracts and leases and the exercise of options to renew
are subject to annual appropriations.
12.
Construction Bonds and Prevailing Wages.
12.1. Prevailing Wages. If these specifications or any contract require prevailing
wage, the Contractor shall pay no less than the prevailing hourly rate of wages to all workmen
performing work under the Agreement as found by the Department of Labor and Industrial
Relation of the State of Missouri in the applicable Wage Determination Order effective as of
the date of bidding of this Project for the location of the Project. Contractor shall follow and
enforce all requirements of the Prevailing Wage Law. To ensure Contractor’s compliance with
the foregoing:
i.
ii.
iii.
iv.
v.
vi.
vii.
Contractor and all subcontractors shall submit certified payroll records to the
MCC.
Before making final payment, Contractor and all subcontractors shall submit
an Affidavit to the 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 purchasing.info@mcck.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 the Owner. Each bond shall be in the
amount equal to one hundred percent (100%) of the Contract Sum, as well as adjustments to
the Contract Sum. The Performance Bond shall secure and guarantee Contractor’s faithful
performance of this Contract, including but not limited to Contractor’s obligation to correct
defects after final payment has been made as required by the Contract Documents. The
Payment Bond shall secure and guarantee payment of all persons performing labor on the
Project under this Contract and furnishing materials in connection with this Contract. These
Bonds shall be in effect through the Duration of the Contract plus the Warranty Period as
required by the Contract Documents. Prices quoted for the Scope of Work in this Bid Request
shall include the cost of these Bonds.
13.
Disclosure of Proprietary / Confidential Information. A contractor may restrict the
disclosure of software codes, records relating to the configuration of computer components and/or
the operation thereof, and intellectual property in which it has a proprietary interest but only if such
information is defined as a "closed" record under Missouri law, including, but not limited to, one or
more subsections of Section 610-021, RSMo. In order for any such information or record to be closed,
each page of each such document must include in at least sixteen (16) point bold font the words
“Proprietary Information.” After either a contract is executed pursuant to the BID or all proposals are
rejected, if access to documents so marked is requested under the Missouri Sunshine Law, MCC will
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HVAC RTU Replacements – 16-7133-CP
notify the Contractor(s) of the request, and it shall be the burden of each Contractor to establish that
the Contractor's documents are exempt from disclosure by law as aforesaid. If the Contractor shall
not cooperate with MCC after notice as provided herein, MCC may, in its sole discretion, disclose the
Contractor's documents/records/information to the requester without liability to the Contractor for any
such disclosure under any theory of common or statutory law. Notwithstanding the foregoing, in
response to a formal request for information, MCC reserves the right to release any documents,
records and/or information which MCC determines is a public record subject to disclosure pursuant
to the Missouri Sunshine Law.
14.
Warranty. Contractor warrants to the Owner that all materials and equipment
furnished by Contractor will be of good quality and new unless otherwise required or permitted and
free from defects. Contractor further warrants that its labor and workmanship will be of good quality
and conform to the highest construction standards. Contractor further warrants that its labor and
workmanship will be free from defects. If defects, due to faulty material or equipment supplied by
Contractor or labor or workmanship appear within one (1) year from the date of completion of the
Work, Contractor shall correct the defects at no cost to Owner.
15.
Liability Requirements.
15.1. Insurance. Contractor shall purchase and maintain insurance of the following
types of coverage and limits of liability:
1.1.1.
Worker's Compensation insurance, or local equivalent, as prescribed by the
law of the state or jurisdiction in which the Project is performed;
1.1.2.
Employer's Liability insurance with minimum limits of $1,000,000.00 for each
accident or disease;
1.1.3.
Commercial General Liability insurance with minimum limits of $1,000,000.00
per occurrence and $2,000,000.00 in the aggregate, including (i) bodily injury (including
death); (ii) personal injury; (iii) property damage, including damage arising out of explosion,
collapse and/or underground hazard exposure; (iv) Products and Completed Operations
exposures; (v) independent contractor's liability; and (vi) blanket contractual coverage insuring
the indemnity provisions set forth herein;
1.1.4.
Commercial Automobile Liability insurance covering "any auto" with minimum
limits of $1,000,000.00 per occurrence for bodily injury and property damage;
1.1.5.
Excess/Umbrella with minimum limits of $3,000,000;
1.1.6.
If removal or disposal of hazardous waste is a part of the Work, Contractor
shall provide Owner with proof of pollution legal liability for transportation, including an MCS
90 endorsement on the auto liability, and disposal site sufficient to protect Owner and
Contractor from losses that could arise from Contractor's performance under this Agreement.
This coverage and limits must be approved by Owner prior to commencement of the Work.
1.1.7.
The Contractor shall also require all sub-subcontractors who may enter upon
the Project site to maintain policies with the same limits and coverages as stated herein.
1.1.8.
The Commercial General Liability insurance shall (i) include Metropolitan
Community College and any other entity reasonably requested by Owner, as additional
insureds, (ii) be primary and non-contributory to any insurance maintained by Owner and not
subject to any "excess", "pro-rata" or similar type of "other insurance" clause, (iii) contain a
severability of interests clause, and (iv) shall be maintained for a period of three years
following completion of the Project. All policies shall include a waiver of subrogation against
Owner where allowed by law.
1.1.9.
The company providing the insurance for the Contractor shall be rated "A-VIII"
or better in the current issue of Best's Key Rating Guide and must be approved by Owner;
such approval not to be unreasonably withheld.
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1.1.10.
Certificates of Insurance using the insurance industry standard ACORD form,
or equivalent, and a copy of the additional insured endorsement shall be furnished prior to
commencement of the Project. Certificates shall include a provision for 60 days’ notice to
Owner of cancellation, non-renewal or material policy change. Owner's Corporate Risk
Manager may, but shall not be required to, elect to approve in writing coverage amounts lower
than those specified above.
15.2. Indemnification. Contractor shall indemnify, defend, and hold MCC, MCC’s
trustees, officers, employees, agents, and representatives harmless against any and all
claims, demands, suits, costs, judgments, or other forms of liability, actual or claimed,
including reasonable attorneys’ fees, for injury or damage to persons or loss or damage to
property occurring or allegedly occurring in connection with any action, inaction, or conduct
committed by Contractor or by Contractor’s officers, directors, employees, students,
volunteers, agents, or representatives during the term of the Agreement.
15.3. No Waiver. The foregoing provisions shall not be deemed a relinquishment or
waiver of any kind of applicable limitations of liability provided or available to MCC under
applicable Missouri governmental immunities law.
16.
Tobacco-Free Policy. Contractor agrees to strictly abide by MCC’s tobacco-free
policy, meaning all types of smoking and smokeless tobacco products are prohibited. At all times,
MCC shall have the right to enforce such policy pursuant to the terms of the Agreement and under
law.
17.
Assignment of Services. It is understood the Contractor shall not assign or
subcontract the services in the Agreement without the written consent of MCC, and subject to MCC’s
approval of said subcontractor’s expertise to complete the assigned portion of the services.
Contractor agrees to indemnify MCC for any costs and/or expenses, in whole or in part, that are due
any subcontractors or suppliers for services provided under the Agreement.
18.
Minority and Women Business Enterprise Participation. It is the practice of
Metropolitan Community College (MCC) to ensure full and equitable economic opportunities to
persons and businesses that compete for business with the College, including Minority and Women
Business Enterprises (M/WBEs).
MCC encourages M/WBE participation in contracts for goods and services by firms that are
certified. MCC accepts certifications provided by those entities identified on the page in this
document titled “Certifying M/WBE Agencies”. This may either be by the primary supplier/contractor
being a certified M/WBE or by the utilization of qualified subcontractors, suppliers, joint ventures or
other arrangements that afford meaningful opportunities for M/WBE participation. Work performed
by M/WBEs must provide a commercially useful function related to the delivery of the service/product
required herein. Second tier participation where suppliers generally provide supplies to a corporation
but that are not directly related to this contract does not qualify as meaningful participation. MCC will
consider certifications from agencies not located in Missouri for M/WBEs not located in Missouri with
the approval of the Purchasing Manager.
M/WBE means a business that is a sole proprietorship, partnership, joint venture or corporation in
which at least fifty-one percent (51%) of the ownership interest is held by minorities or women and
the management and daily business operations of which are controlled by one or more minorities or
women who own it. Minority is defined as belonging to one of the following racial minority groups:
African Americans, Native Americans, Hispanic Americans, Asian Americans, American Indians,
Eskimos, Aleuts and other groups that may be recognized by the Office of Advocacy, United States
Small Business Administration.
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Bidders must indicate their MBE and WBE participation levels committed to this project on the
“M/WBE Participation Form” included in this document. The names and percent participation of each
MBE and WBE should also be provided on this form.
The contractor/supplier shall provide annual reports (or more frequently if requested) of the financial
participation of M/WBEs. The report shall include the name(s) and address(es) of the certified
M/WBEs, products or services provided and the total dollar amount or percentage of utilization. The
annual report shall also include, separately, all second tier participation the contractor/supplier may
have.
MCC will monitor the contractor/supplier’s compliance in meeting the M/WBE participation levels
committed to in the awarded proposal. If the contractor/supplier's payments to participating M/WBEs
are less than the amount committed to in the contract, MCC may cancel the contract or suspend or
debar the contractor/supplier from participating in future contracts.
If a participating M/WBE fails to retain their certification or is unable to satisfactorily perform, the
contractor/supplier must obtain other certified M/WBEs to fulfill the M/WBE participation requirements
committed to in the awarded proposal. The contractor/supplier must obtain the written approval of the
Purchasing Manager for any new M/WBE participants.
This approval shall not be arbitrarily withheld. If the contractor/supplier cannot obtain an M/WBE
replacement, the contractor/supplier must submit documentation to the Purchasing Manager detailing
all efforts made to secure an M/WBE replacement. The Purchasing Manager shall have sole
discretion in determining if the actions taken by the contractor/supplier constitute a good faith effort
to secure the participation of M/WBEs and whether the contract will be amended to change the
M/WBE participation commitment.
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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
Metropolitan Community College
Signature
Print Name
Company
Title
Address
City/State/Zip
Telephone
Fax
Email
Page 37
HVAC RTU Replacements – 16-7133-CP
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:
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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.
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AFFIDAVIT
COMPLIANCE WITH THE PREVAILING WAGE LAW
Before me, the undersigned Notary Public, in and for the County of ____________, State
of_______________________, personally came and appeared
, of
(Name)
(Position)
the
,
(Name of Company)
(a corporation) (a partnership) (a proprietorship), and after being duly sworn did depose and say that
all provisions and requirements set out in Chapter 290, Sections 290.210 through and including
290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on
public works projects have been fully satisfied and there has been no exception to the full and
complete compliance with said provisions and requirements and with Wage Determination No. _____
issued by the Division of Labor Standards on the ___ day of _______, 2____, in carrying out the
contract and work in connection with
(Name of Project)
located at
in
(Name of Institution)
County, Missouri, and completed on the
day of
,2
.
(Signature)
Subscribed and sworn to me this
My Commission expires
day of
,2
,2
.
,2
.
.
Notary Public
(Signature)
Subscribed and sworn to me this
My Commission expires
day of
,2
.
Notary Public
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FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUM
For Contracts with The Junior College District of Metropolitan Kansas City, Missouri aka Metropolitan
Community College, a public community college district and political subdivision of the State of
Missouri (“MCC”).
Pursuant to Missouri Revised Statute 285.530, all business entities awarded any contract in excess
of five thousand dollars ($5,000) with a Missouri political subdivision must, as a condition to the award
of any such contract, be enrolled and participate in a federal work authorization program with respect
to the employees working in connection with the contracted services being provided, or to be
provided, to MCC (to the extent allowed by E-Verify). In addition, the business entity must affirm the
same through sworn affidavit and provision of documentation. In addition, the business entity must
sign an affidavit that it does not knowingly employ any person who is an unauthorized alien in in
connection with the services being provided, or to be provided, to MCC.
Accordingly, your company:
(a)
Agrees to have an authorized person execute the attached “Federal Work Authorization
Program Affidavit” and deliver the same to MCC prior to or contemporaneously with the execution of
its contract with MCC;
(b)
Affirms it is enrolled in the “E-Verify” work authorization program in the United States, and is
participating in E-Verify with respect to your employees working in connection with the services being
provided (to the extent allowed by E-Verify), or to be provided;
(c)
Affirms that it is not knowingly employing any person who is an unauthorized alien in
connection with the services being provided, or to be provided, by your company to the district.
(d)
Affirms you will notify MCC if you cease participation in E-Verify, or if there is any action, claim
or complaint made against you alleging any violation of Missouri Revised Statue 285.530, or any
regulations issued thereto;
(e)
Agrees to provide documentation of your participation in E-Verify to MCC prior to or
contemporaneously with the execution of its contract with MCC (or at any time thereafter upon request
by MCC), by providing to MCC an E-Verify screen print out (or equivalent documentation) confirming
your participation in E-Verify;
(f)
Agrees to comply with any state or federal regulations or rules that may be issued subsequent
to this addendum that relate to Missouri Revised Statute 285.530; and
(g)
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)
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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
set forth herein.
2.
I am employed by _______________________________ (“Company”) and have
authority to issue this affidavit on its behalf.
3.
Company is enrolled in and participating in the United States E-Verify federal work
authorization program with respect to Company’s employees working in connection with the services
Company is providing to, or will provide to MCC, to the extent allowed by E-Verify.
4.
Company does not knowingly employ any person who is an unauthorized alien in
connection with the services Company is providing to, or will provide to, the MCC.
FURTHER AFFIANT SAYETH NOT.
By: __________________________________________ (Signature)
Print Name/Title: ___________________________________
On Behalf of: _____________________________ (Company)
STATE OF
COUNTY OF
)
) ss.
)
Submitted and sworn to before me this ____ day of _______, 201___.
__________________________________
Notary Public
__________________________________
Print Notary Name
My commission expires:
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NON-COLLUSION AFFIDAVIT
The undersigned, being duly sworn on oath says, that he is the contracting party, or that he is the
representative, agent, member, or officer of the contracting party, that he has not, nor has any other
member, employee, representative, agent or officer of the firm, company, corporation or partnership
represented by him, directly or indirectly , entered into or offered to enter into any combination,
collusion or agreement to receive or pay, and that he has not received or paid, any sum of money or
other consideration for the execution of the annexed contract other than that which appears upon the
face of the contract.
Signature:
Name:
Title:
Company:
Date:
State of Missouri
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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SAMPLE CONTRACT
____________________ SERVICES AGREEMENT
(Limited Scope Project)
THIS _______ SERVICES AGREEMENT is made effective on the ____ day of _____________,
2_____, by and between:
OWNER:
Junior College District of Metropolitan
Kansas City, Missouri a/k/a MCC
3200 Broadway
Kansas City, MO 64111
And
CONTRACTOR:
PROJECT:
(locations)
CONTRACT PRICE:
RETAINAGE:
$______________________
Five percent (5%)
The parties agree as follows:
2.
The Work. Contractor agrees to furnish and pay for all labor, material, equipment, tools,
machinery, transportation, testing, inspections, waste disposal, bonds, permits, licenses, and
insurance, and all other work or services required to fully perform and complete the scope of work
(Work) as specified in or reasonably inferable from (i) Owner’s Bid # enter number – enter title
(including Addendum #1, and Addendum #2, if applicable), (ii) the plans and specification listed in the
Project Manual, if applicable, and (iii) Contractor’s Response to Bid # enter number – enter title ,
collectively incorporated herein by reference, and as further detailed in Exhibit A – Scope of Work
(Exhibit A), attached hereto and incorporated herein. All of which the forgoing documents that include
without limitation the list of drawings, specifications, and addenda, and any written modifications
executed by both parties that are issued after the execution of this Agreement, shall become a part
of this Agreement (the “Contract Documents”).
3.
Commencement and Completion Dates. Contractor will start and stop working when
notified by Owner and will perform its work with diligence and promptness as requested by Owner,
all in accordance with the following dates:
3.1.
Commencement. Contractor shall commence the Work on or before enter date .
3.2.
Substantial Completion. Contractor shall substantially complete the Work on or
before enter date . The term "Substantial Completion", as used herein, shall mean that point
at which, as certified in writing by Owner’s Director of Facility Services, Doug Lightfoot, or his
appointed designee, the Work is at a level of completion in strict compliance with this
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Agreement such that Owner or its designee can enjoy beneficial use or occupancy and can
use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Work
shall not result in the Work being deemed substantially complete, and such partial use or
occupancy shall not be evidence of Substantial Completion.
4.
Payments.
4.1.
Owner shall pay, and Contractor shall accept, as full and complete payment for
Contractor's timely performance of its obligations hereunder an amount not to exceed
$ ___________ , which includes a force account of $ ___________ , 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
Base Amount
$
Force Accounts
$
Total
$
4.2.
The price set forth in this subparagraph shall constitute the Contract Price, which shall
not be modified except by Change Order as defined in Section 11 herein.
4.3.
Unless otherwise agreed upon in writing by the parties, Contractor shall submit a
monthly application for payment to Owner and Owner’s Director of Facilities Services. Owner
shall make monthly progress payments to Contractor for the percentage of the Work
satisfactorily performed less five percent (5%) retainage. Contractor shall submit a release of
liens and claims with each monthly payment request.
4.4.
Contractor shall pay Owner the sum $250.00 per day for each and every calendar day
of unexcused delay in achieving Substantial Completion beyond the date set forth herein for
Substantial Completion. Any sums due and payable hereunder by Contractor shall be
payable, not as a penalty, but as liquidated damages representing an estimate of delay
damages likely to be sustained by Owner, estimated at the time of executing this Contract.
When Owner reasonably believes that Substantial Completion will be inexcusably delayed,
Owner shall be entitled, but not required, to withhold from any amounts otherwise due
Contractor an amount then believed by Owner to be adequate to recover liquidated damages
applicable to such delays. If and when Contractor overcomes the delay in achieving
Substantial Completion, or any part thereof, for which Owner has withheld payment, Owner
shall promptly release to Contractor those funds withheld, but no longer applicable, as
liquidated damages.
4.5.
Owner shall pay Contractor within thirty days after receipt of a properly submitted
application for payment, and approval of such application by Owner and Owner’s Director of
Facility Services.
4.6.
Owner may withhold payment to Contractor in order to protect Owner from loss arising
out of the Work, including without limitation, loss arising out of the following: a) defective
equipment, materials, or labor, which is not remedied; b) claims filed by third parties relating
to the Work on the Project; c) failure of to pay subcontractors or to pay for labor, material, or
equipment; d) reasonable evidence that the Work cannot be completed for the unpaid balance
of this Agreement; or e) damage to the Owner or another person or entity caused by
Contractor or Contractor’s subcontractors or material suppliers.
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4.7.
When the Work is substantially complete and upon application by Contractor, Owner
shall pay Contractor the full Contract Price less any amount necessary to cover costs of items
to be completed or corrected by Contractor multiplied by 1.5 or as otherwise provided by law
or such other sums as may be withheld by Owner in accordance with these Terms and
Conditions.
4.8.
Final payment, constituting the entire unpaid balance of the Contract Price, shall be
made by Owner to Contractor when the Work is fully performed and accepted by Owner. Final
payment shall not become due until Contractor has submitted to Owner the following: (1) final
application for payment, (2) releases of liens and claims in a form acceptable to Owner, (3) all
guarantees and warranties applicable to the Work, (4) all applicable maintenance and
operating manuals, (5) “as-built” or “as-constructed” drawings, if applicable, (6) final Payment
Affidavit, (7) final certified payroll reports and documentation and an Affidavit of Compliance
with the Prevailing Wage law from Contractor and all subcontractors, and (8) consent of surety
to final payment.
5.
Payment and Performance Bonds. Contractor will furnish bonds covering the faithful
performance of this Agreement and payment of all obligations arising under this Agreement. The
cost of such bonds shall be included in the Contract Price. The bonds shall be written by a surety
satisfactory to Owner and in the form acceptable to the Owner. The bonds shall name the Owner, as
obligee.
6.
Insurance. Contractor shall purchase and maintain insurance of the following types of
coverage and limits of liability:
6.1.
Worker's Compensation insurance, or local equivalent, as prescribed by the law of the
state or jurisdiction in which the Project is performed;
6.2.
Employer's Liability insurance with minimum limits of $1,000,000.00 for each accident
or disease;
6.3.
Commercial General Liability insurance with minimum limits of $1,000,000.00 per
occurrence and $2,000,000.00 in the aggregate, including (i) bodily injury (including death);
(ii) personal injury; (iii) property damage, including damage arising out of explosion, collapse
and/or underground hazard exposure; (iv) Products and Completed Operations exposures;
(v) independent contractor's liability; and (vi) blanket contractual coverage insuring the
indemnity provisions set forth herein;
6.4.
Commercial Automobile Liability insurance covering "any auto" with minimum limits of
$1,000,000.00 per occurrence for bodily injury and property damage;
6.5.
Excess/Umbrella with minimum limits of $3,000,000;
6.6.
If removal or disposal of hazardous waste is a part of the Work, Contractor shall
provide Owner with proof of pollution legal liability for transportation, including an MCS 90
endorsement on the auto liability, and disposal site sufficient to protect Owner and Contractor
from losses that could arise from Contractor's performance under this Agreement. This
coverage and limits must be approved by Owner prior to commencement of the Work.
6.7.
The Contractor shall also require all sub-subcontractors who may enter upon the
Project site to maintain policies with the same limits and coverages as stated herein.
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6.8.
The Commercial General Liability insurance shall (i) include Metropolitan Community
College and any other entity reasonably requested by Owner, as additional insureds, (ii) be
primary and non-contributory to any insurance maintained by Owner and not subject to any
"excess", "pro-rata" or similar type of "other insurance" clause, (iii) contain a severability of
interests clause, and (iv) shall be maintained for a period of three years following completion
of the Project. All policies shall include a waiver of subrogation against Owner where allowed
by law.
6.9.
The company providing the insurance for the Contractor shall be rated "A-VIII" or better
in the current issue of Best's Key Rating Guide and must be approved by Owner; such
approval not to be unreasonably withheld.
6.10. Certificates of Insurance using the insurance industry standard ACORD form, or
equivalent, and a copy of the additional insured endorsement shall be furnished prior to
commencement of the Project. Certificates shall include a provision for 60 days’ notice to
Owner of cancellation, non-renewal or material policy change. Owner's Corporate Risk
Manager may, but shall not be required to, elect to approve in writing coverage amounts lower
than those specified above.
7.
Sales Taxes. The Project is exempt from sales taxes for the purchase of material, supplies,
and tangible personal property to be incorporated or consumed in the construction of the Project.
Owner will provide Contractor a Project Exemption Certificate to use in purchasing materials to be
incorporated into the Project.
8.
Terms and Conditions. The Owner may issue a Purchase Order or other documents for the
Work. The Purchase Order or other documentation is for payment purposes only. In the event that
any provision of any Purchase Order, invoice, acknowledgment, quotation, delivery ticket,
authorization, schedule, or other document whatsoever provided by either party to the other conflicts
with the provisions of this Agreement and any and all Exhibits, addenda, or amendments incorporated
therein, the provisions of this Agreement shall control and such provisions shall be void and
unenforceable.
9.
Prevailing Wages. Contractor shall pay no less than the prevailing hourly rate of wages to
all workmen performing work under this Agreement as found by the Department of Labor and
Industrial Relation of the State of Missouri in the applicable Wage Determination Order effective as
of the date of bidding of this Project for the location of the Project. Contractor shall follow and enforce
all requirements of the Prevailing Wage Law. The Contractor and all subcontractors shall submit
certified payroll records to the Owner. Before making final payment, the Contractor and all
subcontractors shall submit an Affidavit to the Owner stating they fully complied with the prevailing
wage law.
10.
Exhibits. The following Exhibits are attached hereto and incorporated herein, and are part of
the Contract Documents:
Exhibit A – Scope of Work;
Exhibit B – Certification Contractor Is Not Excluded from Federal or State Programs
(Contractor shall sign, have notarized, and return the Non-Exclusion Certification
to Owner with the signed Agreement); and
Exhibit C – Federal Work Authorization Program (“E-Verify”), and Affidavit (Contractor shall
sign, notarize, and return this Affidavit with the signed Contract).
11.
Notices. Communications relating to this Agreement shall be in writing and communicated
by certified mail, return receipt requested, or overnight courier to the addresses listed above or as
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may be later designated by written notice to the other party. If to Owner, communications shall be to
the attention of Kathy Walter-Mack, Chief of Staff to the Chancellor; if to the Contractor,
communications shall be to the attention of enter name & title .
12.
Changes in the Work. Owner, without invalidating this Agreement, may order changes in
the Work consisting of additions, deletions, or modifications. Owner reserves the right, at its sole
discretion, to limit or make deletions to the Scope of Work by written notice to Contractor in the form
of a “Work Reduction – Change Order.” The Contract Price and time to complete the Work shall be
changed only by written change order. The cost or credit to the Owner from a change in the Work
that increases the Scope of Work shall be determined by mutual written agreement. Such changes
that increase the Scope of Work shall be authorized by written change order signed by both Owner
and Contractor (“Change Order(s)”).
13.
Limitation of Obligation. Any work performed in excess of the stated obligated amount shall
be at the Contractor's risk. Work shall not be supplied in excess of quantities specified in the
Agreement. Contractor shall be liable for handling charges and return shipment costs for any excess
quantities of materials shipped.
14.
Execution and Progress of the Work. Contractor shall cooperate with Owner, in scheduling
and performing the Work to avoid conflict, delay in or interference with Owner’s use of the property.
Contractor shall begin work as soon as instructed to do so by Owner and shall perform the work
promptly, efficiently, and at a speed as determined by Owner so as to not damage, delay or interfere
with Owner or the operation of the facility. Contractor agrees that Owner may require Contractor to
prosecute some parts of the Work in preference to others as Owner may specify from time to time.
Owner cannot ensure completion by any agreed upon completion date because of factors which may
delay completion, including, weather, change orders, labor disputes or shortages, fire, unusual delay
in deliveries, casualties or other causes beyond Owner’s control. Contractor shall take necessary
precautions to protect the work of others or Owner’s property from damage caused by the Work.
15.
Safety. Contractor shall be responsible for safety including compliance with governmental
requirements in the performance of the Work, including without limitation OSHA.
16.
Tobacco-Free Policy. The Contractor agrees to strictly abide by the District's tobacco-free
policy, meaning all types of smoking and smokeless tobacco products are prohibited. At all times,
the District shall have the right to enforce such policy pursuant to the terms of this Agreement and
under law.
17.
Laws, Permits, Fees, and Notices. Contractor shall give notices and comply with laws,
ordinances, rules, regulations and orders of public authorities bearing on performance of the Work.
Contractor shall secure and pay for permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work.
18.
Confidentiality/Disclosure of Proprietary Information. A Contractor may restrict the
disclosure of software codes, records relating to the configuration of computer components and/or
the operation thereof, and intellectual property in which it has a proprietary interest but only if such
information is defined as a "closed" record under Missouri law, including, but not limited to, one or
more subsections of Section 610-021, R.S.Mo. In order for any such information or record to be
closed, each page of each such document must include in at least sixteen (16) point bold font the
words “Proprietary Information.” If access to documents so marked is requested under the Missouri
Sunshine Law, Owner will notify the Contractor(s) of the request, and it shall be the burden of each
Contractor to establish that the Contractor's documents are exempt from disclosure by law as
aforesaid. If the Contractor shall not cooperate with Owner after notice as provided herein, Owner
may, in its sole discretion, disclose the Contractor's documents/records/information to the requester
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without liability to the Contractor for any such disclosure under any theory of common or statutory
law. Notwithstanding the foregoing, in response to a formal request for information, Owner reserves
the right to release any documents, records and/or information which Owner determines is a public
record subject to disclosure pursuant to the Missouri Sunshine Law.
19.
Force Majeure. Neither party shall be liable for damages or have the right to terminate the
Agreement for any delay or default in performance if the delay or default is due to conditions beyond
their control. Such conditions include, but are not limited to, an act of God, government restriction,
or any other cause beyond the reasonable control of the party obligated to perform.
20.
Severability. If for any reason, any term, covenant, or condition hereof shall be determined
to be invalid or unenforceable, the remainder of the provisions herein shall remain in full force and
effect and shall not be affected thereby.
21.
Survival. All representations, warranties, and indemnifications made herein shall survive
termination or cancellation of the Agreement.
22.
No Third Party Beneficiary Rights. No third party may enforce or rely upon any obligation
of, or the exercise of or failure to exercise any right of, the District or the Contractor in the Agreement.
Nothing in this Agreement, whether express or implied, is intended to create any rights or remedies
on any third party beneficiary.
23.
Remedies. All rights and remedies of the parties, in law or equity, are cumulative and may be
exercised concurrently or separately. The exercise of one (1) remedy will not be an election of that
remedy to the exclusion of other remedies.
24.
Non-Waivers. No delay or omission by the parties in exercising any right under this
Agreement shall operate as a waiver of that or any other right. A waiver or consent given by a party
on any one occasion shall be effective only in that instance and shall not be construed as a bar or
waiver of any right on any other occasion.
25.
MBE/WBE Participation/Compliance. The Contractor shall remain in compliance with its
MBE/WBE ("M/WBE") participation levels committed to in this Agreement, if any, under the
Contractor's proposal. The Contractor shall provide written reports as requested by Owner of the
financial participation of M/WBEs. The report shall include the names and addresses of the certified
M/WBEs, services, equipment, products, materials, or supplies provided, and the total dollar amount
or percentage of utilization.
26.
Clean Up. Contractor shall keep the work area and surrounding area free from accumulation
of waste materials or rubbish caused by the Work.
27.
Hazardous Conditions. If the removal or disposal of hazardous waste is a part of the Work,
Contractor shall comply with all local, state, and federal laws regarding the handling and disposal of
such waste. Contractor agrees to indemnify and hold harmless the Owner and the Owner from and
against any and all loss, injury, claims, actions, proceedings, liability, damages, fines, penalties, cost
and expenses, including legal fees and disbursement, caused directly or indirectly by the handling
and disposal of such materials. In the event that Contractor encounters unknown material on the site
that is reasonably believed to be a hazardous substance, including without limitation, asbestoscontaining material, Contractor will immediately stop work in the area affected and report the condition
to Owner.
28.
Warranty. Contractor warrants to the Owner that all materials and equipment furnished by
Contractor will be of good quality and new unless otherwise required or permitted and free from
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defects. Contractor further warrants that its labor and workmanship will be of good quality and
conform to the highest construction standards. Contractor further warrants that its labor and
workmanship will be free from defects. If defects, due to faulty material or equipment supplied by
Contractor or labor or workmanship appear within one (1) year from the date of completion of the
Work, Contractor shall correct the defects at no cost to Owner.
29.
No Debarment. Contractor represents that it is not debarred or suspended from doing
business with the federal government and/or any state government, and shall notify Owner if it
becomes debarred or suspended during the Term of this Agreement.
30.
Indemnification. Contractor agrees to protect, indemnify, defend, and hold harmless Owner,
and the Owner’s employees, directors, and officers, from and against (i) all claims, causes of action,
liabilities, obligations, demands, costs and expenses arising out of injury to (including death of) any
and all persons or damage to property alleged to have been caused by any act or omission of
Contractor, its agents, employees or invitees, or arising out of, or incidental, directly or indirectly, to
the performance of this Agreement regardless of how such injury, death or damage caused, and (ii)
all claims, causes of action, liabilities, damage, judgments and expenses caused by any act or
omission (whether or not negligent) of Contractor or anyone who performs for the Contractor.
31.
Claims. Contractor shall make claims promptly to Owner in writing.
32.
Correction of Defective Work/Right to Stop Work.
32.1. Contractor shall promptly correct Work rejected by Owner. If Contractor fails to correct
Work which is not in accordance with the requirements of the Agreement or persistently fails
to carry out the Work in accordance with the Agreement, Owner, by written order, may order
Contractor to stop the Work or any portion of the Work, until the cause for such order has
been eliminated.
32.2. If Contractor defaults or neglects to carry out the Work in accordance with this
Agreement and fails within three (3) working days after receipt of written notice from Owner
to commence and continue correction of such default or neglect with diligence and
promptness, Owner may, without prejudice to any other remedy Owner may have, make good
such deficiencies and may deduct the cost thereof from the payments then or thereafter due
Contractor.
33.
Termination. If the Contractor fails or neglects to carry out the Work or otherwise to perform
in accordance with this Agreement and fails within seven (7) working days after receipt of written
notice to commence and continue correction of such default or neglect with diligence and promptness,
Owner may terminate a this Agreement in Owner’s sole discretion, and finish the Work by whatever
method Owner may deem expedient. Owner may also terminate this Agreement for its convenience
(without cause) with seven days written notice. If the Owner terminates this Agreement for its
convenience, Contractor shall not be entitled to overhead or profit on work not performed.
34.
Successors and Assignments. This Agreement shall not be assigned by either party without
the prior written consent of the other party and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement.
35.
Assignment of Work. It is understood the Contractor shall not assign or subcontract the
Work of this Agreement without the written consent of Owner, and subject to Owner’s approval of
said subcontractor’s expertise to complete the assigned portion of the Work.
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36.
Powers and Authority. Neither party may sign any document, perform any act, or make any
commitment nor undertaking on behalf of the other party without such other party’s express written
consent.
37.
Independent Contractor. Contractor is an independent contractor in all its operations and
activities. The employees used by Contractor to perform Work under this Agreement shall be
Contractor’s employees exclusively without any relation whatsoever to Owner.
38.
Changes in Financial Conditions. Contractor agrees to immediately notify Owner in writing
of any of the following events regarding its financial conditions: (i) insolvency or failure to pay its
obligations as they mature; (ii) the appointment of a receiver or trustee to have control over any of its
assets; (iii) the filing of a petition in bankruptcy, whether voluntary or involuntary, under the Federal
Bankruptcy Act; or (iv) any materially adverse change determined in accordance with Generally
Accepted Accounting Principles which may affect the performance of its obligations.
39.
Compliance with Law. Contractor will comply with all statutes, rules, regulations and codes
of the governmental agencies having jurisdiction over the property, project, and/or the Work.
A.
Contractor has complied with and will maintain in compliance with the requirements of
RSMo 285.230 - .234 regarding transient employers (out-of-state employers who temporarily
transact business in Missouri).
B.
Contractor will comply with the Missouri Domestic Products Procurement Act, RSMo
34.350, regarding the use of goods or commodities in the performance of this Agreement that
are manufactured, assembled or produced in the United States.
40.
Equal Opportunity/Non-Discrimination. Owner is an equal opportunity / affirmative action
employer. If applicable, Contractor, in performing the work required by this Agreement, agrees to
comply with the applicable provision of Executive Order 11246 issued by the President of the United
States, September 24, 1965, and the applicable provisions of the Vietnam Era Veterans
Readjustment Assistance Act of 1974 and the Rehabilitation Act of 1974, all as amended, and to
comply with the Rules and Regulations issued thereunder, as set forth at 41 CFR § 10.1-4(a), and 41
CFR § 60-250. Contractor agrees not to discriminate against any employee or applicant for
employment because of race, color, religion, age, sex, sexual orientation, gender identity, disability,
national origin, veteran status or any other status protected by applicable law. This Contractor and
subcontractor shall also abide by the requirements of 41 CFR § 60-300.5(a), and 41 CFR § 60741.5(a). These regulations prohibit discrimination against qualified protected veterans and
qualified individuals on the basis of disability, and require affirmative action by covered prime
contractors and subcontractors to employ and advance in employment qualified protected
veterans and individuals with disabilities.
41.
Immigration Law Compliance. Contractor certifies and agrees that:
A.
Contractor does not knowingly or intentionally employ individuals who are ineligible to
work in the United States in violation of any federal or applicable state or local laws;
B.
Any Contractor employee assigned to perform services under this Agreement has
satisfied federal I-9 requirements and, to the best of Contractor's knowledge is lawfully present
in the United States;
C.
Contractor does not have any knowledge that any Contractor employee assigned to
perform services under this Agreement is ineligible to work in the United States;
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D.
Contractor is enrolled in and participates in a federal work authorization program as
required by Missouri law, RSMo 295.525 and .530;
E.
Contractor will immediately notify Owner of any investigation or legal proceeding
involving the federal or state government or of any requests by the U.S. Immigration and
Customs Enforcement to inspect Contractor's I-9 or other employment records;
F.
Contractor agrees to indemnify Owner for any fines, legal fees, or other costs incurred
because of investigations into the status of Contractor's employees or whether Contractor's
employees are authorized to work in the United States; and
G.
Contractor agrees to complete and return to Owner, within ten days of a request by
Owner, as may occur from time to time, an immigration compliance affidavit.
H.
Governing Law. This Agreement shall be governed by and construed according to
laws of the State of Missouri.
42.
Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the parties with respect to the subject matter hereto and supersedes all offers, negotiations,
discussions, and other agreements that occurred prior to the date of the execution of this written
Agreement. Any amendments to this Agreement must be in writing and executed by both parties.
43.
Execution. This Agreement may be executed in counterparts, which together constitute one
and the same Agreement. If a party sends a signed copy of this Agreement via digital transmission,
such party will, upon request by the other party, provide an originally signed copy of this Agreement.
No member or officer of Owner incurs personal liability by the execution or default of this Agreement.
All such liability is released by Contractor as a condition of and consideration of the execution of this
Agreement.
The parties have caused this Agreement to be executed by their authorized representatives,
on the day and year written below.
Junior College District of Metropolitan
Kansas City, Missouri
Contractor's name
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
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EXHIBIT A
SCOPE OF WORK
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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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PART III
ACKNOWLEDGEMENT OF RECEIPT, APPENDIX
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ACKNOWLEDGEMENT OF RECEIPT
16-7133-CP – HVAC RTU Replacements
Please fill in the requested information below and return to the Purchasing Department, as
acknowledgement that you have received the Request for Proposal noted above. This is not
required but by submitting this form, we will be able to provide notification of any addenda to
the RFP.
Metropolitan Community College
Purchasing Department
Email: 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 May 24, 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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