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Bid No. 16-7148-CP

BID REQUEST AND PROJECT MANUAL(Bid Request)

FOR

Science & Technology Upper Roof Replacement

AT

FOR

THE BOARD OF TRUSTEES OF

METROPOLITAN COMMUNITY COLLEGE

November 11, 2016

PROJECT BID TIME & DATE:9:00 a.m. on November 29, 2016 at

Administrative Center3200 Broadway

Kansas City, MO 64111

Mandatory Pre-Bid Meeting Time & Date:9:00 a.m. on November 16, 2016 at

MCC Administration Center Board Room3200 Broadway


©2015 Metropolitan Community College 1 (10mar16)

TABLE OF CONTENTSBID REQUEST NO. 16-7148-CP

PART I – BID INFORMATION, INSTRUCTIONS, FORMS

REQUEST FOR BIDSDESCRIPTION OF WORKWORK SCHEDULEINSTRUCTIONS TO BIDDERSBID FORMS

FORM: BIDDER PRICING FORMFORM: BIDDER QUANTITY FORMFORM: VENDOR QUESTIONNAIRE FORMFORM: SUBCONTRACTORS FORMFORM: PAYMENT BONDFORM: PERFORMANCE BONDFORM: WAIVER OF MECHANIC’S LIEN (by Contractor)FORM: WAIVER OF MECHANIC’S LIEN (by Subcontractor)FORM: WAIVER OF MECHANIC’S LIEN (by equipment or materials Supplier)FORM: CHANGE ORDER FORM: GUARANTEEFORM: MANUFACTURER’S ASSURANCE LETTER

PLANS AND SPECIFICATIONSATTACHMENTS: DRAWINGS ANNUAL WAGE ORDER 23, INCREMENT 5, DATED 10/20/2016, JACKSON COUNTY

PART II – CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT (sample)

GENERAL TERMS AND CONDITIONSFORM: M/WBE PARTICIPATION FORMFORM: GOOD FAITH AFFIDAVIT – CONSTRUCTIONFORM: MISSOURI WAGE AND LABOR STANDARDS – AFFIDAVIT

COMPLIANCE WITH THE PREVAILING WAGE LAWFORM: FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUMFORM: FEDERAL WORK AUTHORIZATION PROGRAM AFFIDAVITFORM: NON-COLLUSION AFFIDAVITSTANDARD CONTRACT (sample)


PART IBID INFORMATION, INSTRUCTIONS, FORMS

REQUEST FOR BIDS

METROPOLITAN COMMUNITY COLLEGE (MCC)

Bid Request No 16-7148-CP

Sealed Bids for:

Science & Technology Upper Roof Replacement

AT

MCC- Penn Valley

Will be received by the Office Purchasing, Metropolitan Community College, 3200 Broadway, Kansas City, Missouri AT 9:00 A.M. ON Tuesday, November 29, 2016.

Specifications and conditions of bidding and the printed form on which all bids must be made, may be obtained from by downloading it from: www.mcckc.edu/purchasing /bids .

Bids must be accompanied by Bid Security in the form of a Letter of Credit or Surety Bond in an amount not less than five percent of the bid, as provided in the Contract Documents.

The Board of Trustees of Metropolitan Community College reserves the right to waive informalities in bids and to reject any and all bids.

The Board of Trustees

Metropolitan Community College

By: Amiee Wenson, Purchasing ManagerPH: (816) 604-1341


http://www.mcckc.edu/purchasing

DESCRIPTION OF WORK

BID REQUEST NO. 16-7148-CP

A. GENERAL

Work is generally described as Science & Technology Upper Roof Replacement at the Penn Valley campus of Metropolitan Community College.

B. SCOPE OF WORK

1. Base Bid: The Contractor shall furnish all labor, materials, equipment, other facilities, supervision and means of construction for the Science & Technology Upper Roof Replacement as indicated at the Metropolitan Community College Penn Valley campus location as presented in the work items within this project manual.

2. Alternates: The Contractor shall furnish all labor, materials, equipment, other facilities, supervision and means of construction for the Science & Technology Upper Roof Replacement as indicated at the Metropolitan Community College Penn Valley campus location as presented in the work items within this project manual.

WORK SCHEDULE

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 in 90 days from notice to proceed. Final completion shall be no later than 120 days from notice to proceed. Any request for additional calendar days may be submitted in the form of a change order.

NOTES:

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.

INSTRUCTIONS TO BIDDERS

BID REQUEST NO. 16-7148-CP

1. GENERAL

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 Purchasing Manager, MCC – Administrative Center, 3200 Broadway, Kansas City, MO 64111, by 9:00 am. November 29, 2016.

2. Prices must be stated in units of quantity specified and extended in total column.

3. Bids, 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 Bids, to reject any or all bids, or to accept any bids 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 atwww.mcckc.edu/services/purchasing/department/minority.asp. Bidders must indicate their Minority and Women Business Enterprises participation levels committed to this project on the M/WBE Participation Form, and prime contractors are required to provide a written list of subcontractors and suppliers which submitted bids to them on the Good Faith Affidavit – Construction, collectively attached hereto in Part II.

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

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

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

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

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

2. QUALIFICATIONS OF BIDDERS

a. Bidder must have at least five (5) years of experience in the type of work involved in this project, and must have performed work similar in scope to the work proposed in this project.

b. Refer to individual sections for further qualifications or requirements.

c. Upon request of Metropolitan Community College (Owner), the apparent successful Bidder shall furnish documentation satisfactory to Owner, which confirms qualification requirements. MCC may contact references prior to award of contract.

d. Bidder must be certified to install manufacturer’s material.


mailto:[email protected]

http://www.mcckc.edu/services/purchasing/department/minority.asp

3. BIDDER’S REPRESENTATIONS

a. By submission of bid, Bidder represents that he has examined Contract Documents and made an examination of site, or otherwise satisfied himself completely as to provisions of the Contract Documents and site conditions, and areas and quantities.

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

b. By submission of bid, Bidder represents that he is familiar with all applicable federal, state and local regulations, that he understands that compliance is mandatory under the provisions of the Contract Documents and that he is prepared to comply fully.

4. BID PRICING FORM

a. All bids shall be prepared on Form of Bid as outlined herein and under Bidder's letterhead. Quotations shall be submitted based upon these specifications and drawings. Quotations containing qualifying statements will not be considered.

5. BIDDING PROCEDURES

a. Bids shall be submitted with 1 (one) original and 1 (one) electronic copy (with price sheet in excel) submitted with the bid document and delivered to: Purchasing Manager, Metropolitan Community College, 3200 Broadway, Kansas City, MO 64111, with all appropriate forms, from Part I and Part II of this Bid Request, signed and completed.

b. Bids shall be in sealed envelope clearly marked with bid number, time and date of bid opening, Bidder’s name, address.

c. Bid security required by these Contract Documents shall be included in the Bid.

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 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 Bid.

6. ACCEPTANCE AND REJECTION OF BIDS

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.

7. ALTERNATES

Each Bidder shall bid on all alternates listed in the Bid that are applicable to his portion of the work. Alternates will be fully considered in determining the low Bidder.

8. UNIT PRICES

A unit price is the amount stated in the bid 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, bid pricing, or requested by Owner’s Director of Facility Services.

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

9. SUBSTITUTIONS

a. Substitutions Prior to Bid Date: For inclusion of products other than those specified, Bidders shall submit a request in writing by noon on November 21, 2016. Requests received after this time will not be reviewed or considered regardless of cause. Requests shall clearly define and describe the product for which inclusion is requested. Inclusion by Owner’s Director of Facility Services will be in the form of an addendum to the specifications, issued to all contract Bidders on record.

b. Substitutions after Award of Contract: Substitutions of products will be considered after award of contract only under one of the following conditions:

(1) When the specified product is not available due to a strike, lockout, bankruptcy, discontinuance of the Manufacturer of a product, or natural disasters.

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

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

c. Procedures Respecting Substitutions

(1) Materials and equipment proposed for substitution shall be equal or superior to that specified in construction, efficiency, utility, aesthetic design, and color, as determined by Owner’s Director of Facility Services, whose decision shall be final and without further recourse. Physical size of substitute brand shall not be larger than the space provided for it.


Requests must be accompanied by full description and technical data, in two copies, including Manufacturer’s name, model, catalog number, photographs or cuts, physical dimensions, operating characteristics, and any other information necessary for comparison.

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

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

10. MANDATORY PRE-BID CONFERENCE

There will be a mandatory pre-bid conference at the MCC Board Room, 3200 Broadway, Kansas City, MO 64111 at 9:00 a.m. on November 16, 2016.

All questions regarding the bidding process and communications should be addressed in writing only to: [email protected]. Questions must be received by noon, November 21, 2016.

11. LOG

The Contractor shall furnish and keep one (1) log book at the Project Site. He shall enter into this log each day the weather conditions, the temperature, general information as to the progress of the project, materials received, amount of concrete placed that day, tests made, inspections made by other authorities, and all visitors to the Project Site. One (1) copy of the log shall be submitted to 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.

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



Community Colleges. Workmen shall only use temporary facilities provided by the Contractor.

13. SCHEDULE

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

14. WORK SEQUENCE

a. Prior to commencement of work, the Contractor shall meet with the Owner’s Director of Facility Services to establish sequence and schedule of work.

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

15. INTERPRETATION OF CONTRACT DOCUMENTS

a. Bidders requiring any interpretations or clarifications of Contract Documents shall direct such questions to the Owner in writing. No communication will take place between suppliers and MCC during the bid process, except in writing. Questions should be emailed to [email protected]. Questions must be received by noon, November 21, 2016. Responses will be compiled and shared with all suppliers on record with interest in participating.

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.

PART 2

2.1 WITHDRAWAL OR MODIFICATION OF BID

A. Any Bidder may withdraw his/her bid at any time before the scheduled closing date of the bid by appearing in person or by sending an authorized representative of the Bidder. An appointment should first be scheduled by calling the Owner's Representative. The Bidder or his/her representative shall be asked to sign, in writing that the bid was returned to him/her. After the withdrawal from the contract, the Bidding Contractor may not resubmit them.

2.2 BID OPENINGS

A. Notice of award will be made by written correspondence.

2.3 QUESTIONS

A. Technical questions regarding this bid can be directed to: Metropolitan Community College Purchasing Department at [email protected]

B. If the Contractor feels a conflict exists between what is considered good roofing practice and these specifications, he/she shall state in writing all objections prior to submitting quotations.


C. It is the Contractor's responsibility, during the course of the work, to bring to the attention of the Owner's Representative any defective membrane, insulation or deck discovered which has not been previously identified.

2.4 RESPONSIBILITY FOR MEASUREMENTS AND QUANTITIES

A. The Bidding Contractors shall be solely responsible for all accuracy of all measurements and for estimating the material quantities required to satisfy these specifications.

2.5 DISCREPANCIES AND ADDENDA

A. Should a Bidder find any discrepancies in the Drawings and Specifications, or should he be in doubt as to their meaning, he/she shall notify the Owner’s Representative at once, who will send a written Addendum to all Bidders concerned. Oral instructions or decisions, unless confirmed by Addenda, will not be considered valid, legal or binding.

B. No extras will be authorized because of the Contractor‘s failure to include work called for in the Addenda in his/her bid.

C. It shall be the responsibility of all Bidders to call to the Owner's Representative's attention at the mandatory pre bid meeting, any discrepancies which may exist between or with any of the contract documents, or any questions which may arise as to their true meaning.

D. Modifications to the specifications (if necessary) will be followed by an addendum; no verbal discussions or agreements shall be recognized.

2.6 COMPETENCY OF THE BIDDER

A. To enable the Owner to evaluate the competency and financial responsibility of a Contractor, the low Bidder shall, when requested by the Owner, furnish the information indicated in Section 5.0 below, entitled Contractor's Qualification Statement, which shall be sworn to under oath by him/her or by a properly authorized representative of the Bidder.

2.7 DISQUALIFICATION OF BIDDERS

A. Any one or more of the following causes may be considered sufficient for the disqualification of a Bidder and the rejection of his/her bid(s):

1. Failure to attend the mandatory pre bid meeting;2. Lack of responsibility as revealed by either financial, experience or

equipment statements, as submitted;3. Lack of expertise as shown by past work, and judged from the standpoint

of workmanship and performance history;4. Uncompleted work under other contracts which, in the judgment of the

Owner, might hinder or prevent the prompt completion of additional workif awarded; or

5. Being in arrears on existing contracts, in litigation with an Owner, orhaving defaulted on a previous contract.

B. Bids shall be verified before submission, as quotations cannot be withdrawn after public opening. No bid can be corrected after being opened. Metropolitan Community College will not be responsible for errors or omissions on bid.

C. In case of default of the successful bidder, Metropolitan Community College reserves the right to terminate the purchase order or contract and to purchase similar equipment on the open market. The bidder will be charged with any cost


occasioned by Metropolitan Community College whether said cost is the same as originally accepted or in excess of the original contract.

D. Vendors shall not submit a bid for the contract if a conflict of interest, real or apparent, would be involved. Conflicts of interest arise when any of the following has a financial or other interest in the facility or owner:a. An employee, officer, or agent of the facility or owner.

b. Any member of the immediate family of the above names persons.c. The partner of any of the above named persons.

E. Contracts entered into on the basis of submitted bids are revocable if contrary to law.

2.8 NOTICE OF AWARD

A. The award of this contract for the work is contingent upon receipt of an acceptable bid. Any part of or all bids may be rejected. All bids shall be good for a period of sixty (60) days following the date the bids are due. The contract shall be deemed as having been awarded when the formal notice of acceptance of his/her proposal has been duly served upon the intended awardee by an authorized officer or agent of the Owner.

B. The Owner reserves the right to reject any or all bids, to accept any item or items in the bid, and to waive any informality in bids. The Owner or its agents also reserve the right to enforce majeure clause.

C. Each bid item must be priced. Contract will be awarded on an individual line item award as opposed to a bottom line award.

D. Cost of packing and transporting to the job site in Kansas City, MO will be included in bid.

E. Prices quoted for this project must remain firm for the installation of the project for the six months following the notice to proceed. No bid received may be withdrawn for a period of 10 days from the date of bid opening. Prices quoted are to be free of all federal, state, and local taxes unless otherwise imposed by a governmental body and applicable to the material on the bid.

F. The seller represents that the price or prices specified do not exceed the seller’s current selling prices for the same or substantially similar items to any other purchaser, taking into account the quality and/or service under consideration.


BIDDER PRICING FORM

BID REQUEST NO. 16-7148-CPScience & Technology Upper Roof Replacement

Contractor Metropolitan Community College3200 Broadway Contact Kansas City, MO 64111

Attn: Amiee Wenson, Purchasing Manager Phone #

Email

By submission of the attached bid, 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 Science & Technology Upper Roof Replacement project.BASE BID: $ ALTERNATE WORK ITEMS: $ FORCE ACCOUNT: $ 20,000TOTAL: $

“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.

DESCRIPTION OF ABBREVIATIONSSq.Ft. = Square FeetLn.Ft. = Linear FeetCu.Yd = Cubic YardEa. = EachA/R = As RequiredN/A = Not ApplicableLbs. = PoundsR/R = Remove & ReplaceTFAW = Total for All Work

TOTAL FOR ALL BASE BID WORK ITEMS

NUMERIC DOLLAR AMOUNT

WRITTEN DOLLAR AMOUNT


BIDDER QUANTITY FORM

Contractors are required to provide a unit quantity on all Garland supplied material. Please submit the unit quantity of each type of material you will need to complete the project.

Garland Product Unit Size Coverage Unit Quantity22 ga flat stock 4' x 10' 10'StressPly E 100 sq. ft. roll 100 sq ft. White Knight Plus 5 ga 200 sq ft.HPR Glass Felt 500 sq. ft. roll 500 sq. ft. rollWeatherKing 5 ga 100 sq ft. Tuff Stuff MS 10 oz 8 ft.Greenlock Flashing adhesive

5 ga 200 sq ft.

StressPly E Mineral 100 sq. ft. roll 100 sq ft. Versiply 40 100 sq. ft. roll 100 sq ft. Seal Tite 2 ga 6 pitch pansGreenlock Structural Adhesive

10 oz 8 ft.

All-Sil 10 0zPyramic 5 ga 100 sq. ftPyramic Base Coat 5 ga 100 sq. ft.Insul-Lock adhesive 4 cart/ case 300 sq. ftInsul-Lock HR Univ Primer

28 1000 sq. ft


VENDOR QUESTIONNAIRE

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

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

2. 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


MOBILIZATION COST FORM

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


SUBCONTRACTORS FORM

Company Name By: (Signature ofand Address ______________ Officer or Partner) Title ______________ Date _________

_____________________ ______________________ ____________ ___________________________

_____________________ ______________________ ____________ ___________________________

_____________________ ______________________ ____________ ___________________________

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_____________________ ______________________ ____________ ___________________________

_____________________ ______________________ ____________ ___________________________

_____________________ ______________________ ____________ ___________________________

_____________________ ______________________ ____________ ___________________________

_____________________ ______________________ ____________ ___________________________

_____________________ ______________________ ____________ ___________________________

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_____________________ ______________________ ____________ ___________________________

_____________________ ______________________ ____________ ___________________________

_____________________ ______________________ ____________ ___________________________

_____________________ ______________________ ____________ ___________________________


PAYMENT BOND

___________________________________________________________, as surety ("Surety"), (Insert Proper Name of Surety)

and ________________________________________________________________________ (Insert Proper Name of Contractor)

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

(Insert Penal Sum)

as of the _________________________________________. (Insert Date of Construction Contract)

WHEREAS, the Contractor has executed a contract with the Owner of even date herewith ("Construction Contract") for construction of ________________________________

____________________________________________________________________________(Insert Description and Location of the Construction Project)

("Project"); and,

WHEREAS, the Owner has required the Contractor to furnish this Payment Bond containing the terms and conditions set forth herein as a condition to executing the Construction Contract with the Contractor;

NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for themselves, their heirs, administrators, executors and successors agree:

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

2. For purposes of this Payment Bond, Beneficiary is defined as a person or entity who has actually provided labor, material, equipment, services or other items for use in furtherance of the Construction Contract, and having:

(A) a direct contract with the Contractor; or

(B) a direct contract with a subcontractor of the Contractor; or

(C) rights, under the laws of the jurisdiction where the Project is located, to file a lien, a claim or notice of lien, or otherwise make a claim against the Project or against funds held by the Owner, if the Project is, or were, subject to such filing.

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


(A) ninety (90) days after such Beneficiary provided labor, material, equipment, services or other items for use in furtherance of the Construction Contract; or,

(B) the period of time provided by the jurisdiction wherein the Project is located for (1) filing of a lien, claim of lien, notice of lien, if the Project is, or were, subject to such filing, or (2) otherwise making a claim against the Project or against funds held by the Owner; stating the amount claimed and identifying, by name and address, the person or entity to whom such labor, material, equipment, services or other items were provided.

4. In no event shall the Surety be obligated hereunder for sums in excess of the Penal Sum.

5. Upon receipt of a claim from a Beneficiary hereunder, the Surety shall promptly, and in no event later than 30 days after receipt of such claim, respond to such claim in writing (furnishing a copy of such response to the Owner) by:

(A) making payment of all sums not in dispute; and,

(B) stating the basis for disputing any sums not paid.

6. No action shall be commenced by a Beneficiary hereunder after the passage of the longer of one (1) year following final completion of the Construction Contract or, if this bond is provided in compliance with applicable law, any limitation period provided therein. If the limitation period contained in this Paragraph is unenforceable, it shall be deemed amended to provide the minimum period for an action against the Surety on a payment bond by a third-party beneficiary thereof.

7. Any and all notices to the Surety or the Contractor shall be given by Certified Mail, Return Receipt Requested, to the address set forth for each party below:

SURETY:

CONTRACTOR:

OWNER:

CONTRACTOR:______________________________________ SEAL (INSERT PROPER NAME OF CONTRACTOR)

SURETY: _______________________________________ SEAL (INSERT PROPER NAME OF SURETY)

By:__________________________________ By:________________________________(SIGNATURE OF AUTHORIZED SIGNATORY) (SIGNATURE of AUTHORIZED SIGNATORY)

___________________________________________________________(OFFICE OR TITLE OF PERSON SIGNING)


PERFORMANCE BOND

_____________________________________________________________ as surety ("Surety"),

(Insert Proper Name of Surety)

and __________________________________________________________________________

(Insert Proper Name of Contractor)

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

(Insert Penal Sum)

as of the ______________________________________________________.(Insert Date of Construction Contract)

WHEREAS, the Contractor has executed a contract with the Owner of even date herewith ("Construction Contract") for construction of

(Insert Description and Location of the Construction Project)

and, WHEREAS, the Owner has required the Contractor to furnish this Performance Bond containing the terms and conditions set forth herein as a condition to executing the Construction Contract with the Contractor;

NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for themselves, their heirs, administrators, executors and successors agree:

1. The Construction Contract is hereby incorporated herein and by reference made a part hereof to the same extent and effect as though it were copied verbatim herein. The Surety and the Contractor are bound for the full performance of the Construction Contract including without exception all of its terms and conditions, both express and implied.

2. If the Contractor is in default of the Construction Contract and the Owner, by written notice to the Contractor and the Surety, declares the Contractor to be in default and terminates the right of the Contractor to proceed, the Surety shall thereupon promptly notify the Owner in writing as to which of the actions permitted to the Surety in Paragraph 3 it will take. .

3. Upon default and termination of the Contractor and notice to the Contractor and Surety as provided in Paragraph 2 above, the Surety shall within 30 days proceed to take one or, at its option, more than one of the following courses of action:

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

(B) Applicable law permitting, and with the prior written consent of the Owner, obtain bids from contractors previously identified as being acceptable to the Owner, for full performance of the Construction Contract. The Surety shall furnish the


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

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

4. In addition to those duties set forth hereinabove, the Surety shall promptly pay the Owner all loss, costs and expenses resulting from the Contractor's default(s), including, without limitation, fees, expenses and costs for engineers and engineer’s consultants if applicable, testing, surveying and attorneys, liquidated or actual damages, as applicable, for delay in completion of the Project, and fees, expenses and costs incurred at the direction, request, or as a result of the acts or omissions of the Surety.

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

6. The Surety waives notice of any changes to the Construction Contract including, without limitation, changes in the contract time, the contract price, or the work to be performed.

7. This Performance Bond is provided by the Surety for the sole and exclusive benefit of the Owner and, if applicable, any dual obligee designated by rider attached hereto, together with their heirs, administrators, executors, successors or assigns. No other party, person or entity shall have any rights against the Surety hereunder.

8. Any statutory limitation, which may be contractually superseded, to the contrary notwithstanding, any action heron may be instituted so long as the applicable statute of limitations governing the Construction Contract has not run or expired.

9. Any and all notices to the Surety, the Contractor or the Owner shall be given by Certified Mail, Return Receipt Requested, to the address set forth for each party below:

SURETY:

CONTRACTOR:

OWNER:

10. Any statutory limitation, which may be contractually superseded, to the contrary notwithstanding, any action hereon may be instituted so long as the applicable statute of limitations governing the Construction Contract has not run or expired.


CONTRACTOR: SURETY:

____________________________________ ___________________________________ (INSERT PROPER NAME OF CONTRACTOR) (INSERT PROPER NAME OF SURETY)

By: _________________________________ By: ________________________________(SIGNATURE OF AUTHORIZED SIGNATORY) (SIGNATURE OF AUTHORIZED

SIGNATORY)

______________________________________________________________________

(OFFICE OR TITLE OF PERSON SIGNING) (OFFICE OR TITLE OF PERSON SIGNING)


WAIVER OF MECHANICS' LIEN (by Contractor)

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

(Contractor)

Address:

By

State of Subscribe to before me this day

County of of 2,

Notary Public:

My Commission Expires 2,


WAIVER OF MECHANICS' LIEN (by Subcontractor)

The undersigned, , having been employed by (prime contractor) as a subcontractor in the construction of the (describe improvements ) located on (legal description ), for and in consideration of the sum of Dollars ($ ) and other valuable consideration, the receipt where of is hereby acknowledged, does hereby waive and release any and all lien, claim or right to lien on the above described improvements and premises under the laws of the state of relating to mechanics' liens, on account of labor, equipment of materials furnished for such improvements by the undersigned to or on account of (prime contractor ).

(Subcontractor)

Address:

By


County of of 2,

Notary Public:



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


County of of 2,

Notary Public:



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 thisChange 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 ContractorKansas City, Missouri

By: By:

Name: Title:

Title: Title:

Date: Date:


GUARANTEE

PROJECT: ____________________________________________ (Project)

We, ________________________________________ (General Contractor) and General Contractor’s subcontractor(s), for the Junior College District of Metropolitan Kansas City, Missouri a/k/a Metropolitan Community College (Owner) do hereby jointly and severally guarantee that for a period of THREE (3) YEARS from _____________________ (date of final completion) the Project will remain free from all defects in workmanship and materials, and that it will comply with all the specific requirements of the specifications and other contract documents governing the work under contract for the Project.

General Contractor agrees that if, after due inspection, MCC’s Engineer shall declare in writing that by reason of this guarantee, the replacement of any of the above work is, in Engineer’s opinion, necessary, General Contractor will remove such defective work and replace it with new work meeting all requirements of the contract and will bear all costs of supplying such new work, and installing and finishing same, and will assume all costs for replacing other work damaged by the removal and replacement of any of the work covered by this guarantee, also all costs for freight, drayage and demurrage, and all labor in connection therewith.

Anything to the contrary herein notwithstanding, General Contractor and/or subcontractor shall at all times be and remain liable to Owner for any work done or materials used that does not strictly conform to the requirements of the plans and specifications.

In the event General Contractor and/or subcontractor fails or refuses to honor any of its obligations hereunder immediately after receipt of written notice, General Contractor and/or subcontractor shall indemnify and hold harmless Owner from any cost or expense whatsoever, including, but not limited to, attorney's fees (including, but not limited to, any such fees or expenses necessary to enforce this "Guarantee" through legal action or otherwise), occasioned by Contractor’s and/or subcontractor’s refusal or failure to so perform their obligations hereunder. Notice hereunder shall be deemed as received four (4) calendar days after said written notice has been posted, registered or certified mail, prepaid, return receipt requested, addressed to General Contractor’s or subcontractor's last known address or to such address as General Contractor or subcontractor may from time to time furnish Owner and/or any known assignee, in writing.

This guarantee shall be binding upon General Contractor and each subcontractor and their respective successors, assigns, legal representatives and heirs, and shall inure to the benefit of Owner.

State of_______________________ _____________________________County of_____________________ Name of Contractor

Subscribed before me this________ By:_____________________________day of________________________. Signature of Officer or Partners

__________________________________________________________Notary Public Title of OfficerMy commission expires__________ Date:_____________________________


MANUFACTURER’S ASSURANCE LETTER

_____________________(date)

Director of FacilitiesMetropolitan Community College3200 BroadwayKansas City, MO 64111

RE: MCC Science & Technology Bid # 16-7148-CP

Upper Roof Replacement Contractor Reference #

Dear Director:

This letter is provided as formal certification that (individual representative’s name) who represents (product manufacturer’s name) has reviewed the use for which the product is intended to be used on the referenced project and has determined that the product being used is suitable for that use. Additionally, I have visited the referenced project site on a sufficient number of times to verify that the contractor’s preparation and installation procedures are being followed in accordance with the manufacturer’s recommendations and specifications.

Cordially,


PLANS AND SPECIFICATIONSScience and Technology Building – Upper Roof Replacement

Penn Valley Campus3201 Southwest Trafficway


1.1 VERIFICATION OF DIMENSIONS AND ELEVATIONS

A. Dimensions and elevations indicated on the drawings in reference to existing structures or utilities are the best available data obtainable but are not guaranteed by the Owner’s Representative and the Owner’s Representative will not be responsible for their accuracy. Before bidding on any work dependent upon the data involved, the Contractor shall field check and verify all dimensions, grades, lines, levels or other conditions of limitations at the site to avoid construction errors. If any work is performed by the Contractor or any of his/her sub-contractors prior to adequate verification or applicable data, any resultant extra cost for adjustment of work as required to conform to existing limitations, shall be assumed by the Contractor without reimbursement or compensation by the Owner.

1.2 PROTECTION OF OWNER’S OPERATIONS

A. The Contractor shall erect such barriers, tarpaulins, doors, etc., as may be necessary to protect the Owner’s operations while work is in progress. Any such openings that are essential to carrying on the work shall be securely closed by the Contractor when not in use to protect the Owner’s operations.

1.3 PROTECTION OF WORK AND PROPERTY

A. All materials will be stored in locations other than on roof surfaces except as necessary and shall then be placed on plywood or other type of material to protect the roof surface at all times.

B. Before starting any work, the Contractor shall protect all grounds, copings, paving and exterior of all buildings where work will be performed.

C. In those areas where materials and/or hot asphalt will be raised to the roof area, a protective covering shall be placed from the base of the wall extending up and over the top edge of the roof. This coverage shall be wide enough to assure that the exterior walls do not become stained or soiled during roofing operations.

D. Any areas of the building or grounds which have become stained or damaged in any way shall be repaired or replaced by the Contractor prior to the final inspections. The method of repair used must be acceptable to both the Owner and the Owner’s Representative.

1.4 MATERIAL STORAGE AND CLEAN-UP

A. The Contractor shall keep the premises free from rubbish at all times and shall arrange his/her material storage so as not to interfere with the Owner’s operations. At the completion of the job, all rubbish shall be removed from the site. Any unused material will remain as property of the Owner. The Owner’s project manager will coordinate the removal of the unused material from the job site. The ground shall be raked clean and the building shall be broom cleaned. If the Contractor refuses at any time to remove his/her debris from the premises, or to keep the working area clean, such cleaning will be completed by the Owner and deducted from the balance due the Contractor.


B. The Contractor shall also remove drippage of bitumen or adhesive from all walls, windows, floors, ladders and finished surfaces. Failure to do so will result in the work being done by others and the cost shall be deducted from the balance due the Contractor.

C. All materials shall be stored and protected against weather, vandalism, and theft. Any materials found to be damaged or missing shall be replaced by the Contractor at no cost to the Owner.

1.5 INSPECTION OF WORK

A. Where the drawings or specifications require the inspection and approval of any work in progress by the Owner’s Representative, the Contractor shall give that Representative ample notice to allow for scheduling the inspection, which shall be made promptly to avoid delay of work. If work has progressed without the required inspections or approval by the Representative, it shall be uncovered for inspection at the Contractor's expense.

B. Uncovering of work not originally inspected, or uncovering questioned work may be ordered by the Owner’s Representative and it shall be done by the Contractor. If examination proves such work to be incorrectly done or not done in accordance with the plans and specifications, the Contractor shall bear all cost of the reexamination.

1.6 INSPECTION OF WORK IN PROGRESS AND UPON COMPLETION

A. If directed by the Owner's Representative, the Contractor shall cut not more than four (4) cores, of approximately 200 square inches each, from every newly constructed roof area, in order to establish the amount of materials used per square foot, and shall restore all such areas to sound and watertight conditions as prior to the core testing.

B. In the event that such core cuts disclose any deficiency in materials, or soundness of construction, the Contractor shall, at his/her own expense, apply additional materials or otherwise correct the deficiencies to the satisfaction of the Owner's Representative.

C. Noncompliance with the terms of this specification and ensuing contract can result in either the cancellation of the contract, or complete replacement of the defective areas at the Contractor's expense. In the event of cancellation, the Owner will not be obligated to compensate the Contractor for any work undertaken in a defective manner.

D. Damages caused by water infiltration resulting from the failure of the Contractor to secure each day's work in a weather tight manner, will be corrected at the Contractor's expense. Included as damages will be all labor costs incurred by the Owner as a result of such water infiltration.

E. The Owner will require the Owner's Representative to examine the work in progress, as well as upon completion, in order to ascertain the extent to which the materials and procedures conform to the requirements of these specifications and to the published instructions of the Manufacturer.

F. The authorized Owner’s Representative shall be responsible for:

1. Keeping the Owner informed on a periodic basis as to the progress and quality of the work;

2. Calling to the attention of the Contractor those matters he/she considers to be in violation of the contract requirements;


3. Reporting to the Owner any failure or refusal of the Contractor to correct unacceptable practices;

4. Conducting preliminary and subsequent job-site meetings with the Contractor's official job representative;

5. Supervising the taking of test cuts, and the restoration of such areas;6. Rendering any other inspection services which the Owner may designate.7. Certifying, after completion of the work, the extent to which the Contractor has

complied with these specifications as well as to the published instructions of the Manufacturing Company.

G. The presence and activities of the Owner’s Representative shall in no way relieve the Contractor of his/her contractual responsibilities.

1.7 MISCELLANEOUS UTILITIES

A. Electrical power will be furnished by the Owner for small tools only. All connections to the electrical system will be furnished by the Contractor.

B. Water for concrete, mortar, washing and drinking purposes will be furnished by the Owner. Any connections to the water system shall be completed by the Contractor.

C. At the completion of the work, or when the above connections are no longer required, the Contractor shall remove all connections and leave the facilities in a condition at least as satisfactory as prior to the commencement of his/her work.

D. Toilet facilities will be provided by the Contractor. The Contractor will be responsible for supplying a portable toilet on the job-site. The Contractor's personnel are not permitted to enter the building without proper authorization from the Owner or Owner's Representative.

1.8 JOB CONDITIONS

A. All surfaces to be covered shall be smooth, dry, and free from dirt, debris, and foreign material before any of this work is installed. Pumping equipment shall be located on the ground at a safe distance from building; the location being subject to the approval of the Owner. The Contractor shall be responsible for guarding against fires, and shall provide suitable fire extinguishers conveniently located at the site. Competent operators shall be in attendance at all times equipment is in use. Materials shall be stored neatly in areas designated by the Owner and dispersed so as to present a minimum fire hazard. Loads placed on the roof at any point shall not exceed the safe load for which the roof is designed.

C. The Contractor should be aware of Owner's property when tearing off the existing roof. This is required for removal of dirt, silt, debris, ballast, roof membrane and insulation from the roof surface in order to preserve the ecology, eliminate unsightly conditions and protect building surfaces. Specific locations will be discussed at the mandatory pre bid conference.

D. Rolled Roofing Materials: All rolled roofing materials must be stored standing on end on a pallet or otherwise raised off of the roof. The materials are to be covered in a proper manner to assure that they will not become wet prior to application. Any materials that becomes wet or damaged must be removed from the job-site and replaced at the Contractor’s expense.

E. Asphalt Kettle: Placement of the kettle shall be in a position so as not to interfere with the ongoing operations of the Owner. The asphalt to be used must be placed on a protective covering of some type until it is raised to the roof. A minimum of two (2) fire extinguishers and "Fire Out" must be adjacent to the kettle.


F. Ladders: Any ladders used on this project must be in good condition. The ladder must also be secured at the roof line at all times while in use. All ladders must be O.S.H.A. approved.

H. The Contractor shall place necessary barriers and/or protection around or under all work areas where his/her operations involve risk of injury to plant personnel.

I. The Contractor will also protect the building structure from damage in the process of the job. In the event that damage does occur to any property or equipment, or the Owner's work in process, notification must be made within two (2) working days of the incidents to the Owner and Owner's Representative.

J. During the progress of the job, if waste material and rubbish are found or damage resulting from the Contractor's operations is found, or the Contractor does not comply with the requirement by keeping the premises free of accumulations and correct the damage, it shall be the Owner's prerogative to hire personnel to do so; and the cost of this work will be deducted from the balance due the Contractor.

K. Existing roof top equipment walls, windows, etc. shall be completely protected by masking or other effective methods. Any mastics or asphalt must be cleaned off metal surfaces.

L. The Contractor is responsible for protecting all materials from the elements. If any material, such as insulation, becomes wet, it cannot be installed and must be replaced at the Contractor's expense. NOTE: Insulation and rolled roofing materials must be covered with waterproof tarps at the end of each work day. Plastic wrappers supplied by the insulation manufacturer are not acceptable substitutes for tarps. The Owner's Representative will reject any covering method or material which does not adequately protect roofing materials.

N. Any lawns damaged by Contractor vehicles will be restored with a stand of grass at the Contractor's expense. Any damaged pavements will likewise be restored and at the Contractor’s expense.

O. The Contractor must verify that all materials can be installed to accommodate the building design, pertinent codes and regulations, and the manufacturer's current recommendations.

P. The Contractor will ensure that all substrates are clean, dry, sound, smooth, and free of dirt, debris, and other contamination before any materials are supplied.

Q. Any isolated areas that must be torn off and replaced will be built-up to the height of the existing roof prior to the installation of the new roofing membrane system.

1.9 WORKMANSHIP

A. All materials will be securely fastened and placed in a watertight, neat and workmanlike manner. All workmen shall be thoroughly experienced in the particular class or work upon which they are employed. All work shall be done in accordance with these specifications and shall meet the approval of the Owner or Owner’s Representative. The Contractor's representative or job supervisor shall have a complete copy of specifications and drawings on the job-site at all times.

B. Contractor shall plan and conduct the operations of the work so that each section started on one day is complete and thoroughly protected before the close of work for that day.


1.10 INSULATION

A. Insulation shall have accurate dimensional stability so as to properly conform to the surfaces of the roof, cants, curbs, pipes, etc. Joints between boards shall be tight and insulation shall be held back ½" from vertical surfaces and sumps. Insulation shall be protected from the weather at all times. Insulation that becomes wet during or after installation shall be removed and replaced with dry insulation. If roofing is in place, the roofing shall be also replaced. All replacing work shall be done at no added cost to the Owner.

1.11 ROOF DECK

A. Contractor shall notify the Owner or Owner’s Representative of any unforeseen areas of wet insulation. Where damage to the roof deck is found, the Contractor shall furnish the Owner with a unit price for removal and replacement of the damaged deck.

1.12 SAFETY

A. Contractor shall conform to requirements as designated by the United States Federal Government (O.S.H.A.). Contractor shall abide by all regulations as outlined in the O.S.H.A. handbook and shall have a handbook on location at all times.

B. Contractors hereby acknowledged that they and their workers have undergone Safety Training and shall at all times act in compliance with all NRCA recommended safety compliance rules and regulations.

PART 3- CONTRACTOR'S INSTRUCTIONS

3.5 JOB COORDINATION

A. Contractor is responsible for daily communication with the Owner or Owner's Representative relating to areas of roof work in order that the Owner may adequately protect tenant’s personal belongings, and the people themselves against possible damage or injury. Contractor is also responsible for policing and protecting areas involving removal and replacement of roof projections, defective decking or other work involving deck penetration.

C. Twenty-four hours prior to starting of the project and/or delivery of materials, the Contractor shall notify: Project Manager Alan Olson, 816-604-1372 or [email protected].

3.6 CLEAN-UP

A. Accumulated debris shall be removed periodically to assure maximum safety and sanitation at all times. At completion of work, the Contractor shall remove all excess material and debris from the site and leave all roof surfaces free from accumulations of dirt, debris and other extraneous materials. The Contractor shall also remove any and all drippage of bituminous materials from the face of the buildings, floor, window, ladders and other finished surfaces.

3.7 SUPERINTENDENT

A. The Contractor shall keep a competent superintendent, satisfactory to the Owner and Owner’s Representative, on the job at all times when work is in progress. The superintendent shall not be changed without notifying the Owner and the Owner’s


Representative unless the superintendent ceases to be in the employ of the Contractor.

B. The superintendent shall represent the Contractor in his/her absence and all directions and instructions given to the superintendent shall be as binding as if given directly to the Contractor.

C. The superintendent shall be responsible for the conduct of all the Contractor's employees on the premises and shall promptly take necessary measures to correct any abuses called to his/her attention by the Owner or the Owners Representatives.

3.8 INSPECTIONS

A. Before any material applications are made, the Owner or his/her representative and the material supplier representative shall be available to ensure a complete understanding of the specification.

B. The accepted Material Manufacturer will have a representative on site a minimum of two (2) times a week to verify compliance with the specifications, answer questions that may arise and provide on-going inspection services.

C. A final inspection shall be conducted by Contractor and the Owner's Representative upon being notified of completion of specified work and clean-up.

4.3 APPROVED CONTRACTORS

A. The roof systems must be applied only by those contractors who have received approval from the Material Manufacturer, The Garland Company. Contact Jeff McDaniel at 816-507-8992 to obtain approval letter which must be submitted with your Bid Response.

4.4 ROOFING SEQUENCE

A. Phase roofing is not acceptable. Any insulation or base layers laid in any one day must be covered with the properly installed roof system that same day. Failure to do so will void any warranties and no guarantee will be issued for the roofing system.

4.5 ACCEPTABILITY OF COMPLETED WORK

A. The acceptability of completed roofing work will be based on its conformance to the contract requirement. The Material Manufacturer is not obligated to accept non-conforming work, and such non-conforming work may be rejected. The rejected work shall be promptly replaced or corrected in a manner and by methods approved by the Material Manufacturer at the Contractor's expense. The Material Manufacturer will instruct the Contractor's foreman and work crew on the proper methods of installation of the roofing system, and will follow-up on a regular basis to inspect the work being done. Any deficiencies from the specified work noted by the Material Manufacturer will be immediately reported to the Owner, along with recommended corrective actions necessary. The Material Manufacturer will not act in a supervisory capacity, and will not be responsible for the Contractor's errors or omissions.


PART 1 - PRODUCTS

MANUFACTURERS

Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include:

1. SBS-SIS Modified Bituminous Membrane Roofing:

a. The Garland Company, Inc.

The following requirements apply for product selection by category:

Roofing Ply Sheet: ASTM 2178, Type VI, heavy duty asphalt saturated fiberglass mats; used in high performance built up roof systems.

SBS-SIS MODIFIED ASPHALT-SHEET MATERIALS

Roofing Membrane Sheet: ASTM D 6164, Grade S, Type III, fiberglass-reinforced, SBS-SIS modified asphalt sheet; smooth surfaced; suitable for application method specified. StressPly E smooth by Garland.

BASE FLASHING SHEET MATERIALS

Backer Sheet: ASTM D 6164, Grade S, Type III, fiberglass-reinforced, SBS-modified asphalt sheet; smooth surfaced; suitable for application method specified. VersaPly 40 by Garland.

Flashing Sheet: ASTM D 6164, Grade G, Type III, fiberglass-reinforced, SBS-SIS modified asphalt sheet; granular surfaced; suitable for application method specified, and as follows: Stress Ply E mineral by Garland.

2. Granule Color: White.

Adhesives: GreenLock by Garland: Flashing adhesive.

Glass-Fiber Fabric: Woven glass-fiber cloth, treated with asphalt, complying with ASTM D 1668, Type I.

AUXILIARY ROOFING MEMBRANE MATERIALS

General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with roofing membrane.

Cold-Applied Adhesive: WeatherKing cold asphalt by Garland for flood and gravel.

Asphalt Roofing Cement: Flashing Bond by Garland.

Insulation Adhesive: Type III hot asphalt and Insul-Lock adhesive.

Metal Flashing Sheet: 6 inch, 22 gauge counterflashing by Garland.


Metal edge and coping; 22 gauge by Garland.

Butyl Tape: To form compression seal behind counterflashing and under unit.

Neoprene pipe boots and retro-fit pipe boots for all round flashing stacks.

Pyramic acrylic white coating to coat all base flashings; by Garland.

White Knight; to coat all neoprene pipe boots; by Garland.

SUBSTRATE BOARDS

Substrate Board: 1/4 inch Secure Rock for cover board.

ROOF INSULATION

General: Provide preformed roof insulation boards that comply with requirements and referenced standards, selected from manufacturer's standard sizes and of thicknesses indicated.

Polyisocyanurate Board Insulation: ASTM C 1289, Type II, felt or glass-fiber mat facer on both major surfaces.

Provide a Minimum of R-25.

3. Available Manufacturers:a. RMAX or pre-approved equal.

Tapered Insulation: Provide factory-tapered insulation boards fabricated to slope of 1/4 inch per 12 inches (1:48).

Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated and behind all mechanical units for sloping to drain. Fabricate to slopes indicated.

Sump all drains and scuppers with tapered edge strips at ½-12 at a four foot perimeter.

INSULATION ACCESSORIES

General: Roof insulation accessories recommended by insulation manufacturer for intended use and compatible with membrane roofing.

Adhesive: Type III hot asphalt and InsulLock insulation adhesive.

Insulation Cant Strips: ASTM C 728, perlite insulation board.

Tapered Edge Strips: ASTM C 728, perlite insulation board.

PART 2 - EXECUTION

EXAMINATION

Examine substrates, areas, and conditions, with Installer present, for compliance with the following requirements and other conditions affecting performance of roofing system:


1. Verify that roof openings and penetrations are in place and set and braced and that roof drains are securely clamped in place.2. Verify that wood cants, blocking, curbs, and nailers are securely anchored to roof deck at penetrations and terminations and that nailers match thicknesses of insulation.3. Proceed with installation only after unsatisfactory conditions have been corrected.

PREPARATION

Clean substrate of dust, debris, moisture, and other substances detrimental to roofing installation according to roofing system manufacturer's written instructions. Remove sharp projections.

Prevent materials from entering and clogging roof drains and conductors and from spilling or migrating onto surfaces of other construction. Remove roof-drain plugs when no work is taking place or when rain is forecast.

SUBSTRATE BOARD INSTALLATION

Install substrate board with long joints in continuous straight lines, perpendicular to roof slopes with end joints staggered between rows. Tightly butt substrate boards together.

4. Mechanically attach base layer of insulation to the top flanges of steel deck according to recommendations in FMG's "Approval Guide" for specified Windstorm Resistance Classification. Screws shall only be long enough to reach the top flute.

GENERAL SCOPE OF WORK

Cut and remove existing roof membrane, flashings, counterflashings, insulation and cover board down to the deck.

Install insulation with long joints of insulation in a continuous straight line with end joints staggered between rows, abutting edges and ends between boards. Fill gaps exceeding 1/4 inch (6 mm) with insulation.

5. Cut and fit insulation within 1/4 inch (6 mm) of nailers, projections, and penetrations.

Install one or more layers of insulation under area of roofing to achieve required thickness. Where overall insulation thickness is 2 inches (50 mm) or greater, install 2 or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of 6 inches (150 mm) in each direction.

Trim surface of insulation where necessary at roof drains so completed surface is flush and does not restrict flow of water.

Install tapered edge strips at perimeter edges of roof that do not terminate at vertical surfaces. ½-12 tapered edge strips will be used at all drains and scuppers to form a 4 foot sump.

Install tapered crickets behind units to facilitate drainage.

Metal Deck: Mechanically fasten insulation per the wind uplift lift calculations. Fastener Type: Steel OMG Heavy Duty


Concrete Deck: Remove all dirt, debris and residual building material from the concrete deck. Prime the deck using asphalt primer. Solidly mop the insulation into the deck. Make sure that all penetrations are sealed prior to mopping to insure that asphalt does not enter the building.

Flashing Boot - Flashing Boot: Neoprene pipe boot for sealing single or multiple pipe penetrations adhered in Greenlock Flashing Adhesive and stripped in with 1 ply of Stressply E. Top of neoprene boot will be sealed with butyl tape and stainless steel clamping ring. All neoprene boots will receive one coat of WhiteKnight urethane coating.

Pitch pans, Rain Collar 24 gauge stainless or 20oz (567gram) copper. All joints should be welded/soldered watertight. See details for design. If pitch pans are used they are to be filled with Garland 2 part pitch pan filler and covered with a stainless steel storm collar

ROOFING MEMBRANE INSTALLATION, GENERAL

Install roofing membrane system according to roofing system manufacturer's written instructions and applicable recommendations of ARMA/NRCA's "Quality Control Guidelines for the Application of Polymer Modified Bitumen Roofing."

Cooperate with testing and inspecting agencies engaged or required to perform services for installing roofing system.

Coordinate installing roofing system so insulation and other components of the roofing membrane system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast.

6. Provide tie-offs at end of each day's work to cover exposed roofing membrane sheets and insulation with a course of coated felt set in roofing cement or hot roofing asphalt with joints and edges sealed.7. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing system.8. Remove and discard temporary seals before beginning work on adjoining roofing.

SBS-SIS MODIFIED BITUMINOUS MEMBRANE INSTALLATION

Install modified bituminous roofing membrane sheet and cap sheet according to roofing manufacturer's written instructions, starting at low point of roofing system. Extend roofing membrane sheets over and terminate beyond cants, installing as follows:

9. Mop in place two plies of HPR Glass felts in hot asphalt at the rate of 25 lbs per 100 sq. ft.

10. Mop one ply of StressPly E smooth in hot asphalt at the rate of 30 lbs per 100 sq.ft.

Flood and gravel all areas set in 5-7 gallons per square of WeatherKing cold asphalt. Gravel shall be 3/8 – 5/8 inch, washed pea gravel.


MECHANICAL, METAL, FLASHING AND STRIPPING INSTALLATION

Install base flashing over cant strips and other sloping and vertical surfaces, at roof edges, and at penetrations through roof, and secure to substrates according to roofing system manufacturer's written instructions and as follows:

11. Prime substrates with asphalt primer if required by roofing system manufacturer.

12. Set first layer of VersaPly 40 in GreenLock Flashing adhesive at the rate of one gallon per square. Lap a minimum of 12 inches onto existing membrane.

13. Set second layer of StressPly E mineral in GreenLock Flashing adhesive at the rate of one gallon per square. Lap onto existing membrane a min.

Mechanically fasten top of base flashing securely at terminations and perimeter of roofing every 8 inch on center with aluminum termination bar.

14. Seal top termination of base flashing with a strip of glass-fiber fabric set in GreenLock Flashing adhesive. Cover the termination bar fully and extend 2 inches onto the wall.

Install 6 inch surface mounted counter-flashing set in butyl tape fastener 8 inch on center. At all brick walls.

Remove all sealant on the brick that is covering up weep holes in the brick above the through wall flashing.

Install neoprene pipe boots on all soil stacks

Install new 22 gauge metal coping, gutter, to match existing. All downspouts will dump into 7 gallon plastic pots with several one inch drainage holes drilled in the sides. Pots will be filled to the top with 1.5 inch rock ballast that was on the existing roof. Pots to be coated with White Knight.

FIELD QUALITY CONTROL

Test Cuts: Test specimens will be removed to evaluate problems observed during quality-assurance inspections of roofing membrane as follows:

15. Approximate quantities of components within roofing membrane will be determined according to ASTM D 3617.16. Test specimens will be examined for interply voids according to ASTM D 3617 and to comply with criteria established in Appendix 3 of ARMA/NRCA's "Quality Control Guidelines for the Application of Polymer Modified Bitumen Roofing."

Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion and submit report to Owner.

17. Notify Owner 48 hours in advance of date and time of inspection.

Repair or remove and replace components of roofing system where test results or inspections indicate that they do not comply with specified requirements.

Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements.


PROTECTING AND CLEANING

Protect roofing system from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to Owner.

Correct deficiencies in or remove roofing system that does not comply with requirements, repair substrates, and repair or reinstall roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty and other requirements herein.

Clean entire area of construction after all trades are complete to include electrical and mechanical debris. Properly dispose of all debris.


The Garland Company, Inc.Low Slope Roofing Wind Uplift Calculations

3800 East 91st StreetCleveland, Ohio 44105-2197

Phone: (800) 321-9336 Fax (216) 883-2046

Project Metropolitan Community College - Penn ValleyRoof Science and Technology - Upper Section Sales Rep. Jeff McDaniel

Location Kansas City, MO

Zone 1 psf 25.0 Zone 2 psf 42.0 Zone 3 psf 63.3

System Type: Modified Bitumen System Type: Modified Bitumen Hot

Mech/ Fasten Surfacing: Mineral Surface Attachment Method:

Insul/Board

Zone 1 Zone 2

(mid roof) _11__ fasteners (eaves, ridge, _11__ fasteners per hip) per 4' x 8' board 4' x 8'

board

Zone 3

(corners)32 fasteners per

4' x 8' board

NOTES: Reference RoofNav Assembly #: 37191-48865-0.

*Unless specifically stated otherwise, these calculations are based onFM 1-28 Loss Prevention Data Sheet; if a specific building code is required, please specify.*It is recommended to include the "Negative Uplift Pressures" in the specifications as well as the Safety Factor, Importance Factor, Building Category, Wind Speed, Ultimate Pullout Value, and Exposure.*The Wind Speed is determined based upon geographical location.*The Exposure and Importance Factors are needed to determine the uplift pressures.


Ultimate Pullout Value

)eaves, ridge, (

Exposure

Importanc

)mid roof( )corner(

Design Roof Height

Importance

Edge Zone Width "a"

Wind Speed (mph)

1:0.2Roof Pitch (X, Y)83.0Minimum Building Width45.0

C489

1.1VI

3.0Fastener Safety in.4ft8

The Garland Company, Inc.PROJECT Metropolitan Community College - Penn Valley

ROOF SECTION Science and Technology - Upper SectionDATE 8/4/2016

BASIC VELOCITY PRESSURE 21.68 psfDESIGN CODE FM 1-28 Loss Prevention Data Sheet

System & Attachment Data Building & Site Data

Modified BitumenModified Bitumen

HotMineral SurfaceMech/ Fasten Insul/Board

Steel22 gauge

Steel: OMG Heavy Duty3

485 lbs/screw162 lbs/clip

SYSTEM TYPEBASIC WIND SPEEDSYSTEM SCOPEEXPOSURE CATEGORY

SURFACINGTOPOGRAPHY FACTORATTACHMENT METHODBUILDING TYPE

SUBSTRATE MATERIALROOF PITCH (X, Y)SUBSTRATE THICKNESSRUN TO RIDGE

FASTENER TYPEEAVE HEIGHTFASTENER SAFETY FACTORDESIGN ROOF HEIGHT

ULTIMATE FASTENER PULLOUTIMPORTANCE CLASS / FACTORALLOWABLE FASTENER PULLOUTMIN. BLDG WIDTH

WIND-BORNE DEBRIS REGIONPARAPET

ROOF ANGLEPROTECTED OPENINGS

ROOF TYPE

ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5

90 mphC

1.00Enclosed

0.25 124245

45.00 ftIV 1.1583 ft

NoNo

1.19 degYes

Gable

ROOF PRESSURE (psf)

EDGE ZONE WIDTH "a" =

25.0 42.0 63.3 25.4 31.2

8.30 ft 8.3 3.32 3

3800 East 91st StreetCleveland, Ohio 44105-2197

Phone: (800) 321-9336 Fax (216) 883-20463800 East 91st Street, Cleveland, Ohio 44105-2197 Phone: (800) 321-9336©2015 Metropolitan Community College 43 (10mar16)

PART IICONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT (sample)


GENERAL TERMS AND CONDITIONS

1. Contract Documents. Contract Documents for this bid specification shall include without limitation, this Bid Request and any subsequent addenda and/or written modifications, the terms of the “Standard Contract (sample)”, and Contractor’s Bid Form, including any completed forms and certifications required by Contractor under the Bid Request. The Contract Documents shall be made a part of any contract executed between MCC and the winning Contractor regarding the subject matter herein.

2. Governing Law. Any Contract issued as a result of this Bid Request shall be constructed in accordance with the laws of the state of Missouri.

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

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

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

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

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

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

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

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

6. Rules and Regulations. Contractor covenants and agrees that Contractor shall observe all MCC policies and procedures, as well as all rules, regulations, and security requirements concerning the safety of persons and property.

7. Compliance with Laws. Contractor represents and warrants that Contractor shall observe, perform, and comply with all federal, state, and local laws, ordinances, rules,


regulations, and all amendments thereto which in any manner may affect the operations and activities undertaken by Contractor pursuant to the Agreement.

8. Employee Eligibility Verification. If a contract will exceed $5,000, Bidder shall execute and submit an affidavit, in a form prescribed by MCC and included in this Bid Request, affirming that Bidder does not knowingly employ any person in connection with the contracted services who does not have the legal right or authorization under federal law to work in the United States as defined in 8 U.S.C. §1324a(h)(3). Bidder shall attach to the affidavit documentation sufficient to establish Bidder’s enrollment and participation in an electronic verification of work program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration and Reform and Control Act of 1986. Bidder may obtain additional information about E-Verify and enroll at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES.

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

10. Immigration Law Compliance. Contractor certifies and agrees that:

10.1. Contractor does not knowingly or intentionally employ individuals who are ineligible to work in the United States in violation of any federal or applicable state or local laws;

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

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

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

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

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

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

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

12. Construction Bonds and Prevailing Wages.

12.1. Prevailing Wages. If these specifications or any contract require prevailing wage, the Contractor shall pay no less than the prevailing hourly rate of wages to all workmen performing work under the Agreement as found by the Department of Labor and Industrial Relation of the State of Missouri in the applicable Wage Determination Order effective as of the date of bidding of this Project for the location of


https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES

https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES

the Project. Contractor shall follow and enforce all requirements of the Prevailing Wage Law. To ensure Contractor’s compliance with the foregoing:

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

ii. Before making final payment, Contractor and all subcontractors shall submit an Affidavit to the MCC stating they fully complied with the prevailing wage law.

iii. Contractor shall forfeit as a penalty to MCC ten (10) dollars for each workman employed for each calendar day, or portion thereof, if such workman is paid less than the said stipulated rates for any work done under the Agreement, by such workman or any subcontractor under such workman.

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

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

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

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

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

13. Disclosure of Proprietary / Confidential Information. A contractor may restrict the disclosure of software codes, records relating to the configuration of computer components and/or the operation thereof, and intellectual property in which it has a proprietary interest but only if such information is defined as a "closed" record under Missouri law, including, but not limited to, one or more subsections of Section 610-021, RSMo. In order for any such information or record to be closed, each page of each such document must include in at least sixteen (16) point bold font the words “Proprietary Information.” After either a contract is executed pursuant to the BID or all proposals are rejected, if access to documents so marked is requested under the Missouri Sunshine Law, MCC will notify the Contractor(s) of the request, and it shall be the burden of each Contractor to establish that the Contractor's documents are exempt from disclosure by law as aforesaid. If the Contractor shall not cooperate with MCC after notice as provided herein, MCC may, in its sole discretion, disclose the Contractor's documents/records/information to the requester without liability to the Contractor for any such disclosure under any theory of common or statutory law. Notwithstanding the foregoing, in response to a formal request for information, MCC reserves the right to release any documents, records and/or information which MCC determines is a public record subject to disclosure pursuant to the Missouri Sunshine Law.

14. Warranty.



http://www.mcckc.edu/purchasing/vendors

14.1. 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 two (2) years from the date of completion of the Work, Contractor shall correct the defects at no cost to Owner.

14.2. Manufacturer warranty is 30 years with no dollar limit. A written warranty which will commence from date of acceptance by Manufacturer must be supplied with the roof installation. This warranty will cover all defects in workmanship and materials. Damages caused by storm, vandalism and other trades are not included in the warranty. This warranty shall be from the manufacturer (See further, Statement of Policy).

14.3. A two (2) year workmanship warranty is required from the Contractor for all remedial maintenance done under the terms of this contract.

4.2 GUARANTEES

A. A roofing guarantee is available for review from the Material Manufacturer for the roofing systems published in these specifications. The guarantee will be issued only upon completion of all the guarantee requirements by an approved Contractor. Such guarantees cannot be altered or amended, nor may any other warranties, guarantees or representations be made by an agent or employee of the Material Manufacturer unless such alteration, amendment or additional representation is issued in writing and is signed by a duly authorized officer of the Material Manufacturer, and sealed with the Material Manufacturer seal. This guarantee does not cover cosmetic deficiencies.

The Contractor will warranty the roof to the Material Manufacturer for a period of two (2) years. The Contractor will inspect the roof with the Owner’s Representative 18 months after completion, and, at the Contractor's expense, correct any workmanship defects before the 24th month following completion of the project.

15. Liability Requirements.

15.1. Insurance. Contractor shall purchase and maintain insurance of the following types of coverage and limits of liability:

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

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

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

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

e) Excess/Umbrella with minimum limits of $3,000,000;f) If removal or disposal of hazardous waste is a part of the Work, Contractor shall

provide 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.

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

h) The Commercial General Liability insurance shall (i) include Metropolitan Community College and any other entity reasonably requested by 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.

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

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

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

15.3. No Waiver. The foregoing provisions shall not be deemed a relinquishment or waiver of any kind of applicable limitations of liability provided or available to MCC under applicable Missouri governmental immunities law.

16. Tobacco-Free Policy. Contractor agrees to strictly abide by MCC’s tobacco-free policy, meaning all types of smoking and smokeless tobacco products are prohibited. At all times, MCC shall have the right to enforce such policy pursuant to the terms of the Agreement and under law.

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

18. Minority and Women Business Enterprise Participation. It is the practice of Metropolitan Community College (MCC) to ensure full and equitable economic opportunities to persons and businesses that compete for business with the College, including Minority and Women Business Enterprises (M/WBEs).

MCC encourages M/WBE participation in contracts for goods and services by firms that are certified. MCC accepts certifications provided by those entities identified on the page in this document titled “Certifying M/WBE Agencies”. This may either be by the primary supplier/contractor being a certified M/WBE or by the utilization of qualified subcontractors, suppliers, joint ventures or other arrangements that afford meaningful opportunities for M/WBE participation. Work performed by M/WBEs must provide a commercially useful function related to the delivery of the service/product required herein. Second tier participation where suppliers


generally provide supplies to a corporation but that are not directly related to this contract does not qualify as meaningful participation. MCC will consider certifications from agencies not located in Missouri for M/WBEs not located in Missouri with the approval of the Purchasing Manager.

M/WBE means a business that is a sole proprietorship, partnership, joint venture or corporation in which at least fifty-one percent (51%) of the ownership interest is held by minorities or women and the management and daily business operations of which are controlled by one or more minorities or women who own it. Minority is defined as belonging to one of the following racial minority groups: African Americans, Native Americans, Hispanic Americans, Asian Americans, American Indians, Eskimos, Aleuts and other groups that may be recognized by the Office of Advocacy, United States Small Business Administration.

Bidders must indicate their MBE and WBE participation levels committed to this project on the “M/WBE Participation Form” included in this document. The names and percent participation of each MBE and WBE should also be provided on this form.

The contractor/supplier shall provide annual reports (or more frequently if requested) of the financial participation of M/WBEs. The report shall include the name(s) and address(es) of the certified M/WBEs, products or services provided and the total dollar amount or percentage of utilization. The annual report shall also include, separately, all second tier participation the contractor/supplier may have.

MCC will monitor the contractor/supplier’s compliance in meeting the M/WBE participation levels committed to in the awarded bid. 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 bid. The contractor/supplier must obtain the written approval of the Purchasing Manager for any new M/WBE participants.

This approval shall not be arbitrarily withheld. If the contractor/supplier cannot obtain an M/WBE replacement, the contractor/supplier must submit documentation to the Purchasing Manager detailing all efforts made to secure an M/WBE replacement. The Purchasing Manager shall have sole discretion in determining if the actions taken by the contractor/supplier constitute a good faith effort to secure the participation of M/WBEs and whether the contract will be amended to change the M/WBE participation commitment.


M/WBE PARTICIPATION FORM

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

The contractor/supplier is committed to the following MBE and WBE participation on this bid:

Total MBE Participation _______% Total WBE Participation _______%

Complete the following table indicating the firms used to meet the participation levels indicated.

MBE Firm Name MBE % ofContract

WBE Firm Name WBE % ofContract

THIS FORM MUST BE SUBMITTED WITH THE BID


GOOD FAITH AFFIDAVIT – CONSTRUCTION

Contractor Certification of Good EffortsAs 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 Bids were solicited;

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

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

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

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

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

Date Signature

Print Name

Company

Title

Address

City/State/Zip

Telephone

Fax

Email

State of )

County of ) ss©2015 Metropolitan Community College 71 (10mar16)

On this __ day of __ _ , in the year _ , before me,

appeared ___________________________, known to me to be the person who executed this

certification and acknowledged to me that he/she executed the same for the purposes stated

therein. In testimony whereof, I have set my hand and affixed my official seal.

Notary Public

My Commission Expires:



MISSOURI WAGE AND LABOR STANDARDS

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

B. The prevailing hourly rate of wages in this locality for each type of workman needed to execute the contract and also the general prevailing rate for legal holiday and overtime work, all as determined by the Division of Labor Standards. See attached exhibit.

C. The Contractor shall forfeit as a penalty to the College on whose behalf the contract is awarded, ten (10) dollars for each workman employed for each calendar day, or portion thereof, such workman is paid less than the said stipulated rates for any work done under said contract, by him or any subcontractor under him.

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

E. Contractor records shall be inspected periodically and when complaints are made pertaining to the wage paid all workmen employed in the construction of the public works.

F. All contractors and each subcontractor engaged in any work shall submit certified copies of their weekly payrolls to the contracting body for work performed on the project.

G. Before final payment is made on the contract an affidavit must be filed by the contractor stating that he has fully complied.

AFFIDAVITCOMPLIANCE WITH THE PREVAILING WAGE LAW

Before me, the undersigned Notary Public, in and for the County of __________, State of _____________, personally came and appeared _______________, (name & position) of the _______________________, (name of company) (a corporation) (a partnership) (a proprietorship), and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Sections 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Wage Determination No. _____ issued by the Division of Labor Standards on the ___ day of _______, 2____, in carrying out the contract and work in connection with (Name of Project) located at (Name of Institution) in __________ County, Missouri, and completed on the day of , 2 .

Notary Public

My commission expires:



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

For Contracts with The Junior College District of Metropolitan Kansas City, Missouri aka Metropolitan Community College, a public community college district and political subdivision of the State of Missouri (“MCC”).

Pursuant to Missouri Revised Statute 285.530, all business entities awarded any contract in excess of five thousand dollars ($5,000) with a Missouri political subdivision must, as a condition to the award of any such contract, be enrolled and participate in a federal work authorization program with respect to the employees working in connection with the contracted services being provided, or to be provided, to MCC (to the extent allowed by E-Verify). In addition, the business entity must affirm the same through sworn affidavit and provision of documentation. In addition, the business entity must sign an affidavit that it does not knowingly employ any person who is an unauthorized alien in in connection with the services being provided, or to be provided, to MCC.

Accordingly, your company:

(a) Agrees to have an authorized person execute the attached “Federal Work Authorization Program Affidavit” and deliver the same to MCC prior to or contemporaneously with the execution of its contract with MCC;

(b) Affirms it is enrolled in the “E-Verify” work authorization program in the United States, and is participating in E-Verify with respect to your employees working in connection with the services being provided (to the extent allowed by E-Verify), or to be provided;

(c) Affirms that it is not knowingly employing any person who is an unauthorized alien in connection with the services being provided, or to be provided, by your company to the district.

(d) Affirms you will notify MCC if you cease participation in E-Verify, or if there is any action, claim or complaint made against you alleging any violation of Missouri Revised Statue 285.530, or any regulations issued thereto;

(e) Agrees to provide documentation of your participation in E-Verify to MCC prior to or contemporaneously with the execution of its contract with MCC (or at any time thereafter upon request by MCC), by providing to MCC an E-Verify screen print out (or equivalent documentation) confirming your participation in E-Verify;

(f) Agrees to comply with any state or federal regulations or rules that may be issued subsequent to this addendum that relate to Missouri Revised Statute 285.530; and

(g) Agrees that any failure by your company to abide by the requirements a) through f) above will be considered a material breach of your contract with MCC.

By: (Signature)

Name and Title:

For and on behalf of: (Company)



FEDERAL WORK AUTHORIZATION PROGRAM AFFIDAVIT

I, ___________________, being of legal age and having been duly sworn upon my oath, state the following facts are true:

1. I am more than twenty-one years of age; and have first-hand knowledge of the matters setforth herein.

2. I am employed by _______________________________(“Company”) and have authority to issue this affidavit on its behalf.

3. Company is enrolled in and participating in the United States E-Verify federal work authorization program with respect to Company’s employees working in connection with the services Company is providing to, or will provide to MCC, to the extent allowed by E-Verify.

4. Company does not knowingly employ any person who is an unauthorized alien in connection with the services that Company is providing to, or will provide to, MCC.

By:

Name:

Title:

Company:

STATE OF ) ) ss.

COUNTY OF )

On this day _____ of _____________, 20___, before me, a Notary Public, personally appeared the above-named person who acknowledged signing the above instrument as a free act and deed.

Notary Public




NON-COLLUSION AFFIDAVIT

The undersigned, being duly sworn on oath says, that he/she is the contracting party, or that he/she is the representative, agent, member, or officer of the contracting party, that he/she has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him/her, directly or indirectly, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of the annexed contract other than that which appears upon the face of the contract.

Signature:

Name:

Title:

Company:

Date:

State of Missouri )) ss

County of )

On this day_____ day of ______, 20___, before me, a Notary Public, personally appeared the above-named person who acknowledged signing the above instrument as a free act and deed.

Notary Public



STANDARD CONTRACT (sample)

____________________ SERVICES AGREEMENT(Limited Scope Project)

THIS _______ SERVICES AGREEMENT (Agreement) is made effective on the ____ day of _____________, 2_____, by and between:

OWNER: Junior College District of MetropolitanKansas City, Missouri a/k/a MCC3200 BroadwayKansas City, MO 64111

And

CONTRACTOR:

PROJECT: (locations)

CONTRACT PRICE: $______________________RETAINAGE: Five percent (5%)

The parties agree as follows:

1. The Work. Contractor agrees to furnish and pay for all labor, material, equipment, tools, machinery, transportation, testing, inspections, waste disposal, bonds, permits, licenses, and insurance, and all other work or services required to fully perform and complete the scope of work (Work) as 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”).

2. 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:

2.1. Commencement. Contractor shall commence the Work on or before enter date .

2.2. 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 or his appointed designee (“Owner’s Director of Facility Services” or “Owner’s Representative”), the Work is at a level of completion in strict compliance with this Agreement such that Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects, for its intended purpose. Partial use or occupancy


of the Work shall not result in the Work being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion.

3. Payments.

3.1. 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 Amount Force Accounts TotalBase Bid $ $ $

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

3.3. Unless otherwise agreed upon in writing by the parties, Contractor shall submit a monthly application for payment to 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.

3.4. 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.

3.5. 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.

3.6. 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.

3.7. 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.


3.8. 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.

4. 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.

5. Insurance. Contractor shall purchase and maintain insurance of the following types of coverage and limits of liability:

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

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

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

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

5.5. Excess/Umbrella with minimum limits of $3,000,000;

5.6. If removal or disposal of hazardous waste is a part of the Work, Contractor shall provide 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.

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

5.8. The Commercial General Liability insurance shall (i) include Metropolitan Community College and any other entity reasonably requested by 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.

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


5.10. Certificates of Insurance using the insurance industry standard ACORD form, or equivalent, and a copy of the additional insured endorsement shall be furnished prior to commencement of the Project. Certificates shall include a provision for 60 days’ notice to 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.

6. Sales Taxes. The Project is exempt from sales taxes for the purchase of material, supplies, and tangible personal property to be incorporated or consumed in the construction of the Project. Owner will provide Contractor a Project Exemption Certificate to use in purchasing materials to be incorporated into the Project.

7. 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.

8. Prevailing Wages. Contractor shall pay no less than the prevailing hourly rate of wages to all workmen performing work under this Agreement as found by the Department of Labor and Industrial Relation of the State of Missouri in the applicable Wage Determination Order effective as of the date of bidding of this Project for the location of the Project. Contractor shall follow and enforce all requirements of the Prevailing Wage Law. The Contractor and all subcontractors shall submit certified payroll records to 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.

9. 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

10. Notices. Communications relating to this Agreement shall be in writing and communicated by certified mail, return receipt requested, or overnight courier to the addresses listed above or as may be later designated by written notice to the other party. If to 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 . 11. 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)”).

12. Limitation of Obligation. Any work performed in excess of the stated obligated amount shall be at the Contractor's risk. Work shall not be supplied in excess of quantities specified in the Agreement. Contractor shall be liable for handling charges and return shipment costs for any excess quantities of materials shipped.


13. Execution and Progress of the Work. Contractor shall cooperate with 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. Contractor shall further cooperate with the execution and progress of the Work as further detailed in Exhibit A.

14. Safety. Contractor shall be responsible for safety including compliance with governmental requirements in the performance of the Work, including without limitation OSHA, and as further detailed in Exhibit A.

15. 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.

16. Laws, Permits, Fees, and Notices. Contractor shall give notices and comply with laws, ordinances, rules, regulations and orders of public authorities bearing on performance of the Work, as well as comply with the policies and procedures of Owner. Contractor shall secure and pay for permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work.

17. Confidentiality/Disclosure of Proprietary Information. A Contractor may restrict the disclosure of software codes, records relating to the configuration of computer components and/or the operation thereof, and intellectual property in which it has a proprietary interest but only if such information is defined as a "closed" record under Missouri law, including, but not limited to, one or more subsections of Section 610-021, R.S.Mo. In order for any such information or record to be closed, each page of each such document must include in at least sixteen (16) point bold font the words “Proprietary Information.” If access to documents so marked is requested under the Missouri Sunshine Law, Owner will notify the Contractor(s) of the request, and it shall be the burden of each Contractor to establish that the Contractor's documents are exempt from disclosure by law as aforesaid. If the Contractor shall not cooperate with Owner after notice as provided herein, Owner may, in its sole discretion, disclose the Contractor's documents/records/information to the requester without liability to the Contractor for any such disclosure under any theory of common or statutory law. Notwithstanding the foregoing, in response to a formal request for information, Owner reserves the right to release any documents, records and/or information which Owner determines is a public record subject to disclosure pursuant to the Missouri Sunshine Law.

18. Force Majeure. Neither party shall be liable for damages or have the right to terminate the Agreement for any delay or default in performance if the delay or default is due to conditions beyond their control. Such conditions include, but are not limited to, an act of God, government restriction, or any other cause beyond the reasonable control of the party obligated to perform.

19. Severability. If for any reason, any term, covenant, or condition hereof shall be determined to be invalid or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall not be affected thereby.

20. Survival. All representations, warranties, and indemnifications made herein shall survive termination or cancellation of the Agreement.


21. No Third Party Beneficiary Rights. No third party may enforce or rely upon any obligation of, or the exercise of or failure to exercise any right of, 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.

22. Remedies. All rights and remedies of the parties, in law or equity, are cumulative and may be exercised concurrently or separately. The exercise of one (1) remedy will not be an election of that remedy to the exclusion of other remedies.

23. Non-Waivers. No delay or omission by the parties in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.

24. MBE/WBE Participation/Compliance. The Contractor shall remain in compliance with its MBE/WBE ("M/WBE") participation levels committed to in this Agreement, if any, under the Contractor's bid. 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.

25. Clean Up. Contractor shall keep the work area and surrounding area free from accumulation of waste materials or rubbish caused by the Work, and as further detailed in Exhibit A.

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

27. 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 two (2) years from the date of completion of the Work, Contractor shall correct the defects at no cost to Owner.

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

29. 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.

30. Claims. Contractor shall make claims promptly to Owner in writing.©2015 Metropolitan Community College 82 (10mar16)

31. Correction of Defective Work/Right to Stop Work.

31.1. 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.

31.2. If Contractor defaults or neglects to carry out the Work in accordance with this Agreement and fails within three (3) working days after receipt of written notice from 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.

31.3. The Contractor shall guarantee all workmanship for two (2) years from date of final payment of the contract by the Owner. Any defects which may arise during this period shall be promptly repaired by the Contractor including any damage done to the Owner's property due to such defects.

32. Termination. If the Contractor fails or neglects to carry out the Work or otherwise to perform in accordance with this Agreement and fails within seven (7) working days after receipt of written notice to commence and continue correction of such default or neglect with diligence and promptness, 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.

33. Successors and Assignments. This Agreement shall not be assigned by either party without the prior written consent of the other party and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

34. Assignment of Work. It is understood the Contractor shall not assign or subcontract the Work of this Agreement without the written consent of Owner, and subject to Owner’s approval of said subcontractor’s expertise to complete the assigned portion of the Work. 35. Powers and Authority. Neither party may sign any document, perform any act, or make any commitment nor undertaking on behalf of the other party without such other party’s express written consent.

36. Independent Contractor. Contractor is an independent contractor in all its operations and activities. The employees used by Contractor to perform Work under this Agreement shall be Contractor’s employees exclusively without any relation whatsoever to Owner.

37. 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.

38. Compliance with Law. Contractor will comply with all statutes, rules, regulations and codes of the governmental agencies having jurisdiction over the property, project, and/or the Work.©2015 Metropolitan Community College 83 (10mar16)

A. Contractor has complied with and will maintain in compliance with the requirements of RSMo 285.230 - .234 regarding transient employers (out-of-state employers who temporarily transact business in Missouri).

B. Contractor will comply with the Missouri Domestic Products Procurement Act, RSMo 34.350, regarding the use of goods or commodities in the performance of this Agreement that are manufactured, assembled or produced in the United States.

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

40. Immigration Law Compliance. Contractor certifies and agrees that:

A. Contractor does not knowingly or intentionally employ individuals who are ineligible to work in the United States in violation of any federal or applicable state or local laws;

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

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

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

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.

41. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereto and supersedes all offers, negotiations, discussions, and other agreements that occurred prior to the date of the execution ©2015 Metropolitan Community College 84 (10mar16)

of this written Agreement. Any amendments to this Agreement must be in writing and executed by both parties.

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

The parties have caused this Agreement to be executed by their authorized representatives, on the day and year written below.

Junior College District of Metropolitan Contractor's name Kansas City, Missouri

By: By:

Name: Name:

Title: Title:

Date: Date:


EXHIBIT ASCOPE OF WORK


EXHIBIT B

Certification Contractor is Not Excluded FromFederal 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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