purchase of supplies and services table of … 16... · (sample) general terms and conditions form:...

METROPOLITAN COMMUNITY COLLEGE 3200 BROADWAY – KANSAS CITY, MISSOURI 64111

(816) 604-1100 / [email protected]

Bid No. 16-7132-CP, Audio-Visual System and Integration Purchase of Supplies and Services

TABLE OF CONTENTS

PART I – BID INFORMATION, INSTRUCTIONS, FORMS

BID CERTIFICATE BID REQUEST SPECIFICATIONS BIDDER QUALIFICATIONS SCOPE OF SERVICES INSTRUCTIONS TO BIDDERS BID FORM – BID FEE SHEET

PART II – CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT

(sample) GENERAL TERMS AND CONDITIONS FORM: M/WBE PARTICIPATION FORM FORM: FEDERAL WORK AUTHORIZATION PROGRAM (E-VERIFY) ADDENDUM FORM: FEDERAL WORK AUTHORIZATION PROGRAM AFFIDAVIT FORM: NON-COLLUSION AFFIDAVIT STANDARD CONTRACT (sample)

PART III – ACKNOWLEDGEMENT OF RECEIPT

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

mailto:[email protected]

METROPOLITAN COMMUNITY COLLEGE 3200 BROADWAY – KANSAS CITY, MISSOURI 64111

(816) 604-1100 / [email protected] An Equal Opportunity Employer

BID CERTIFICATE BID REQUEST NUMBER

16-7132-CP

May 10, 2016

DATE

Metropolitan Community College (MCC), a public community college district and political subdivision of the State of Missouri, extends an invitation to qualified providers with the necessary resources and experience to submit bids. The purpose of this Bid Request is to identify and contract with companies who can provide an audio-visual system and integration for Harley-Davidson Motor Company’s Vehicle & Powertrain Operations facility under its Jobs Training Retention Program Agreement with MCC. Quotations are requested on the following services for delivery to MCC, subject to the conditions of the inquiry.

Closing Time of Bids: 11:00 a.m. on June 1, 2016 Diane Pacheco

Purchasing Manager Bid Request per attached specifications for:

Sealed Bid No. 16-7132-CP, Audio-Visual System and Integration And submitted in a sealed envelope delivered to: Purchasing Manager Metropolitan Community College 3200 Broadway Kansas City, MO 64111

Attach an electronic copy of the response (including pricing sheet). Prices are to be quoted F.O.B College or designated location.

Delivery to destination specified within inquiry, to be completed within 30 days from receipt of order. Note: Delivery time may be a factor in determining award.

THIS CERTIFICATE MUST BE EXECUTED BY BIDDER In compliance with the above invitation for bids, and subject to all of the conditions thereof, the undersigned agrees, if this Bid be accepted within sixty (60) days, to furnish any or all of the items upon which prices are quoted in accordance with the price for each item.

Printed Name of Company Signature

Company Mailing Address Printed Name

City/State/Zip Title

/

Email Address Phone Number/Fax Number


Bid Request No. 16-7132-CP Metropolitan Community College Audio-Visual System and Integration May 9, 2016

Bid Request Specifications Metropolitan Community College (MCC), a public community college district and political subdivision of the State of Missouri located in Kansas City, Missouri, extends an invitation to qualified providers with the necessary resources and experience to submit bids from audio-visual system and integration providers for Bid 16-7132-CP Audio-Visual System and Integration for consideration by MCC. MCC expects to award a contract to one vendor for this service. Bidder Qualifications Bidder must have all of the following qualifications:

Bidder must have at least three (3) years of experience in the type of work involved in this project.

Bidder must have performed work similar in scope to the work and delivered similar products as proposed in this project.

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.

Scope of Services Work Summary: Update and replace the Projection and Audio equipment at the Harley-Davidson Vehicle & Powertrain Operations (Harley-Davidson) facility, located at 11401 Congress Ave., Kansas City, MO 64153, in the Cafeteria area. The space is dual purpose and will be utilizing both projection and flat panel display. The following will be provided by the awarded bidder. Audio and Visual Equipment System Description: • Functionality Description: The room is meant for large employee meetings AND smaller meetings

and training modules. • Displays: (1) HD Projector 10,000 Lumens. (1) Fixed Projection Screen (1) 75” LED display • Source Devices: Laptop and BlueRay DVD • Audio: (2) JBL Column Speakers, Black. Located on each side of projection Screen. • Switching: Extron Switch Components • Controls: Wall Mounted Control Plate. Controlling- On/Off, Volume and Source (Laptop, BlueRay,

NO MIC)

Integration Services: • Install equipment beneath the Projector in an existing cabinet at the worksite. • Provide equipment, materials and service. • Provide systems equipment integration and supervisory responsibility for the equipment integration. • Provide systems configuration, checkout and testing. • Provide project timeline schedules. • Provide necessary information, as requested, to MCC, Harley-Davison, and/or other parties

involved with this project to insure that proper AC electrical power and cableways and/or conduits are provided to properly integrate the equipment within the facilities.

• Provide manufacturer supplied equipment documentation. Training: The awarded bidder will be responsible for providing Harley-Davidson’s project leader or designee and team with system training in the following areas:


• Equipment and system overview • Equipment operation and function • Equipment start up, stop, and shut down • Equipment automatic and manual operation • Discussion and documentation relating to control system operation • Discussion and documentation relating to system processor and its control applications • Powering up, powering down audio-visual system via control system • Manual operation of display systems, audio system and all other related components • Use/operation of patch panels, when and where to be used • Name, phone number and email address of who to call when help is required. Site Prep Work All prep work, prior to the awarded bidder’s actual installation and integration of the audio-visual system, will be handled by onsite maintenance crew, onsite Information Systems team and/or a separate contractor. Site prep work will include but not be limited to the following: • Provide drawings of room. • Site preparation including electrical and data placement. This will include any conduits, high

voltage, wiring panels, breakers, relays, boxes, receptacles, etc. • Site preparation of all work areas will be clean and dust free prior to the beginning of on-site

integration of electronic equipment. • Provide reasonable access to the building/facility and the room(s) for awarded bidder’s personnel,

equipment and materials during integration, testing and training. • Secure storage area for materials and equipment during a multi-day integration. • Provide for the construction or modification of the facilities for soundproofing, lighting, electrical,

HVAC, structural support of equipment, and decorating as appropriate. This will include installation of ceiling mounted projection screen.

• Provide for the ordering, provisioning, installation, wiring and verification of any Data Network (LAN, WAN, T1, ISDN, etc.) and Telephone Line (Analog or Digital) equipment and services prior to on-site integration.

• Provide all necessary cableways and/or conduits required to facilitate AV systems wiring. • Provide all necessary conduit, wiring and devices for technical power to the AV systems

equipment. • All Network configurations including IP addresses will be provided, operational and functional prior

to audio and visual systems integration begins. • Testing of LAN connections. • Provide cable or satellite drops to be in place with converter boxes operational before the awarded

bidder completes their audio and visual systems integration. • Provide a designated project leader who will be available for consultation and meetings. • Provide timely review, feedback and approval of all documentation (Technical Reports, Drawings,

Correspondence, Contacts, etc.) Instructions to Bidder Quotations are requested on the following list of materials, articles or services for delivery to the College or designated location, subject to the conditions of the inquiry.

1. Submit one copy of bid in a sealed envelope marked "Quotation on Bid Request Number 16-7132-CP along with an electronic copy.

2. Bids, to receive consideration, must be received prior to time designated in this inquiry.


3. Prices must be stated in units of quantity specified and extended in total column. 4. The Board of Trustees reserves the right to waive defects and informalities in bids, to reject any

or all bids, to cancel this request, to accept any bid as may be deemed to its interests. The award shall be made based on the bid that serve the best interest of MCC. MCC may award a contract, based on the initial bid received, without discussion of such bids. Accordingly, each bid should be submitted based on the most favorable terms, from a price and services standpoint, which the contractor can submit to MCC. No contract award shall exist until executed in writing.

5. 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.

6. Instructions, manufacturer's catalog numbers, etc., where shown herein, are for descriptive purposes to guide the bidder in interpreting the standard of quality, design and performance required, and shall not be construed to exclude bids based on furnishing other types of materials or service. However, any substitution or departure proposed by bidder must be clearly noted and described and must meet the prescribed specifications as to standard of quality, general design and performance required.

7. Prices quoted, unless otherwise stated by bidder, are to include any packing, containers, etc., necessary to complete delivery as designated herein.

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

9. The terms bidder(s), vendor(s), and contractor(s) shall have the same meaning herein. 10. If an award will exceed $5,000, bidder shall execute and submit an affidavit prescribed by

MCC affirming it does not knowingly employ any person who does not have legal authorization to work in the United States.

11. Check our website for award information: www.mcckc.edu/purchasing/bids. Award Selection may be made based on product, service, pricing and time period to complete work. Metropolitan Community College reserves the right to select a company within a 50-mile radius of the Administrative Center located at 3200 Broadway. Term and Pricing This Bid Request is to establish a pricing commitment for the established products and service as stated in the scope of services. The College will issue a purchase order based on the awarded bid price. Successful bidder's contract will NOT have provisions for automatic price increases. Prices quoted must be all inclusive. Invoices The vendor shall submit invoices by email to: [email protected] for items delivered. Invoices must be accurate and reflect current Bid Award pricing and specific P.O. number. (Inaccurate invoices may not be paid until corrected invoices or credit memos are received.) Payments by MCC to the vendor for items delivered shall be made in accordance with MCC's regular payment terms of net 30 days. Please provide any early payment discount available.



Bidder Response Each bidder shall complete and include the following documents: 1) Bid Certificate, 2) Bid Form – Bid Fee Sheet, 3) M/WBE Participation Form, 4) Federal Work Authorization Program (E-Verify) Addendum, 5) Federal Work Authorization Program Affidavit, 6) Non-Collusion Affidavit, and any other included forms. Deliver/send all documents to: Purchasing Manager, MCC – Administrative Center, 3200 Broadway Blvd., Kansas City, MO 64111 along with an electronic copy in a sealed envelope marked on the outside with the Bid Request Number and date and time of bid closing (June 1, 2016 at 11:00 A.M.) Questions No communication will take place between vendors and MCC during the Bid process, except in writing. Questions regarding the Bid Request should be emailed to the Purchasing Department at [email protected], and must be received by Noon, May 23, 2016. Responses to questions will be sent to all bidders who have submitted the “Acknowledgement of Receipt” to be found on the last page of this document. Work Site Harley-Davidson Vehicle & Powertrain Operations, Cafeteria area 11401 Congress Ave. Kansas City, MO 64153



Bid Form BID FEE SHEET

ITEM DISPLAY EQUIPMENT Provide Manufacturer

& Model # Qty

Unit Price

Extended Price

1 Projection Screen-DA-SNAP HD1.1 78X139NPA 159D

1 $_______ $__________

2 Ceiling Mount Projector-DWU1052-Q 1 $_______ $_________

3 Projector Lens- Long Zm 3.6-5.8/3.7- 5.9/3.5-5.6

1 $_______ $_________

4

75"LED HDTV(UN75J6300AF) Display, RS232 Dongle

1 $_______ $_________

5

75" Display Mount- SMARTMOUNT

1 $_______ $_________

ITEM VIDEO EQUIPMENT

6

Video Switcher-IN1608, DTP 330 EXTENSION

1 $_______ $_________

7

HDMI Transmitter-DTP T UWP 332 D Black 1 $_______ $_________

8 HDMI Receiver-DTP HDMI 4K 330 Rx 1 $_______ $_________

9 HDMI Transmitter-DTP HDMI 4K 330 Tx 2 $_______ $_________

10 HDMI Receiver-DTP HDMI 4K 330 Rx 2 $_______ $_________

11 Blu-ray Disc Player 1 $_______ $_________

ITEM AUDIO EQUIPMENT

12 Speaker Array-High-Power J-shaped line array column

2 $_______ $_________

13 Column Speaker-S/M, CBT 70JE 2

$_______ $_________

14 Amplifier-CTS3000 1 $_______ $_________

15 Audio Mixer-8 Input - 2 Output Mixer, Fanless, 70/100V, 1U Full-Rack

1 $_______ $_________

ITEM CONTROLS

16 AV Control Panel-MLC Plus 200 1

$_______ $_________

17 Power Injector-XTP PI 100 1

$_______ $_________

18 AV Specific Switch-8-port 10/100/1000M, PoE+ Gigabit Ethernet Switch

1 $_______ $_________

ITEM RACK EQUIPMENT

19 Power Strip-9OUT,15A,RCKMNT POWER, CEN

1 $_______ $_________

20 2SP VENTED UTILITY SHELF 1 $_______ $_________

ITEM INTEGRATION

21 Integration shall include Engineering & Drawings, Project Management, Programming, Cable Placement, In Shop fabrication, On-site integration, Integration Materials, Testing & Acceptance

1 $_______ $_________

TOTAL COST $_______ $_________

22 Additional Cost for 1 year System Support $_______ $_________

State number of days to complete the work. ______days


PART II

CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT (sample)

GENERAL TERMS AND CONDITIONS

1. Contract Documents. This Bid Request and any subsequent addenda and/or written modifications, these General Terms and Conditions, the terms of the Standard Contract (sample), Contractor’s Bid proposal, any completed forms and certifications required by Contractor under this Bid Request, and MCC’s Award letter shall form a binding agreement and shall be made a part of any contract executed between MCC and a selected 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. 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.

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

6. 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.

7. 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.

8. 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.

9. 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 with Contractors Bid Response a Federal Work Authorization Program (E-Verify), and Affidavit.

10. 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.

11. 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

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

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


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.

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

13. Liability Requirements.

13.1. 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.

13.2. 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.

13.3. 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.

14. 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.

15. 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.

16. 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).


M/WBE PARTICIPATION MCC encourages M/WBE participation in contracts for goods and services by firms that are certified. MCC accepts certifications provided by those entities identified on the page in this document titled “Certifying M/WBE Agencies”. This may either be by the primary supplier/contractor being a certified M/WBE or by the utilization of qualified subcontractors, suppliers, joint ventures or other arrangements that afford meaningful opportunities for M/WBE participation. Work performed by M/WBEs must provide a commercially useful function related to the delivery of the service/product required herein. Second tier participation where suppliers generally provide supplies to a corporation but that are not directly related to this contract does not qualify as meaningful participation. MCC will consider certifications from agencies not located in Missouri for M/WBEs not located in Missouri with the approval of the Purchasing Manager. M/WBE means a business that is a sole proprietorship, partnership, joint venture or corporation in which at least fifty-one percent (51%) of the ownership interest is held by minorities or women and the management and daily business operations of which are controlled by one or more minorities or women who own it. Minority is defined as belonging to one of the following racial minority groups: African Americans, Native Americans, Hispanic Americans, Asian Americans, American Indians, Eskimos, Aleuts and other groups that may be recognized by the Office of Advocacy, United States Small Business Administration. Bidders must indicate their MBE and WBE participation levels committed to this project on the “M/WBE Participation Form” included in this document. The names and percent participation of each MBE and WBE should also be provided on this form. The contractor/supplier shall provide annual reports (or more frequently if requested) of the financial participation of M/WBEs. The report shall include the name(s) and address(es) of the certified M/WBEs, products or services provided and the total dollar amount or percentage of utilization. The annual report shall also include, separately, all second tier participation the contractor/supplier may have. MCC will monitor the contractor/supplier’s compliance in meeting the M/WBE participation levels committed to in the awarded proposal. If the contractor/supplier's payments to participating M/WBEs are less than the amount committed to in the contract, MCC may cancel the contract or suspend or debar the contractor/supplier from participating in future contracts. If a participating M/WBE fails to retain their certification or is unable to satisfactorily perform, the contractor/supplier must obtain other certified M/WBEs to fulfill the M/WBE participation requirements committed to in the awarded proposal. The contractor/supplier must obtain the written approval of the Purchasing Manager for any new M/WBE participants. This approval shall not be arbitrarily withheld. If the contractor/supplier cannot obtain an M/WBE replacement, the contractor/supplier must submit documentation to the Purchasing Manager detailing all efforts made to secure an M/WBE replacement. The Purchasing Manager shall have sole discretion in determining if the actions taken by the contractor/supplier constitute a good faith effort to secure the participation of M/WBEs and whether the contract will be amended to change the M/WBE participation commitment.


M/WBE PARTICIPATION FORM

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

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

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

MBE Firm Name MBE % of Contract

WBE Firm Name WBE % of Contract

THIS FORM MUST BE SUBMITTED WITH THE BID


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) THIS FORM MUST BE SUBMITTED WITH THE BID


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

My commission expires: THIS FORM MUST BE SUBMITTED WITH THE BID.


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 ) ) 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 My commission expires: THIS FORM MUST BE SUBMITTED WITH THE BID


STANDARD CONTRACT (sample)

Services Agreement This Services Agreement (Agreement) is made by and between the Junior College District of Metropolitan Kansas City, Missouri aka Metropolitan Community College (MCC), a public community college district and political subdivision of the State of Missouri, whose principal office is located at 3200 Broadway, Kansas City, Missouri 64111, and Contractor Name (Contractor), whose principal office is located at Contractor's address . MCC desires to engage Contractor to provide a replacement audio-visual system integration at the Harley-Davison Vehicle & Powertrain Operations facility (Services), and Contractor represents and warrants to MCC that Contractor has demonstrated a high degree of experience, training, and proficiency in Contractor’s conduct of various prior and similar works, has the requisite expertise and resources, and is technically and professionally capable of performing the obligations under this Agreement. In consideration of the foregoing and the mutual agreements contained in this Agreement, the parties agree as follows:

1. Scope of Services. Contractor agrees to provide the services to replace and integrate the audio and visual equipment system at Harley-Davidson Vehicle & Powertrain Operations (Harley-Davidson) facility cafeteria area as specified in MCC’s Bid Request No. 16-7132-CP Audio-Visual System and Integration (BID), Contractor’s Response to the BID (Response), collectively incorporated herein by reference, as further detailed in Exhibit A – Scope of Services (Exhibit A), attached hereto and incorporated herein, and as detailed below. Contractor shall:

a) be responsible for all materials, manpower, and equipment needed to provide the

services described herein; b) provide systems equipment integration and supervisory responsibility of the equipment

integration; c) provide systems configuration, checkout and testing; d) provide project timeline schedules; e) provide necessary information, as requested, to MCC, Harley-Davidson, and/or other

parties involved with this project to insure that proper AC electrical power and cableways and/or conduits are provided to properly integrate the equipment within the facilities;

f) provide manufacturer supplied equipment documentation; and g) provide Harley-Davidson’s project leader or designee and team with system training in

the following areas: • equipment and system overview, • equipment operation and function, • equipment start up, stop, and shut down, • equipment automatic and manual operation, • control system operation and documentation, • system processor and its control applications and documentation, • powering up, powering down audio-visual system via control system, • manual operation of display systems, audio system and all other related components, • use/operation of patch panels, including options for utilization, and • contact name, phone number, and email address for contractor’s support services.

2. Location. Services shall be provided by Contractor at Harley-Davidson Vehicle & Powertrain Operations facility, Cafeteria area, located at 11401 Congress Avenue, Kansas City, Missouri 64153.


3. Term and Termination.

a) Term. The term of this Agreement be from June 23, 2016 through July 30, 2016, unless terminated earlier in accordance with the terms and conditions set forth herein. The term may be extended upon the mutual written agreement of the parties.

b) Termination. MCC reserves the right to terminate this Agreement with or

without cause upon written notice to Contractor if given at least thirty (30) days prior to the beginning of services. Each party reserves the right to terminate this Agreement immediately if the other party fails to comply with any of the terms and conditions herein.

4. Compensation.

a) Fees. For and in consideration of the Services, MCC shall pay Contractor a total of $__________, upon receipt of a properly itemized invoice. Payments shall be sent to Contractor at the address first written above. MCC agrees to pay all undisputed amounts within thirty (30) days of receipt of a properly itemized invoice, if applicable. The Contractor agrees that no other payment of any kind shall be due for services provided hereunder. Any services that cause Contractor to so exceed this amount without a proper contract amendment or addendum shall be performed at Contractor’s sole risk and liability and MCC shall have no obligations therefore.

b) Subcontractors. 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 this Agreement.

c) Performance. No payment made under this Agreement shall be proof of

satisfactory performance of this Agreement, either in whole or in part, and no payment shall be construed as acceptance of deficient or unsatisfactory service.

5. Notices. All communications relating to this Agreement shall be in writing and may be hand delivered, sent by overnight courier, or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested to the parties at the addresses first written above. If to MCC regarding legal matters, notice shall be sent to the attention of Kathy Walter-Mack, Chief of Staff to the Chancellor.

6. Contractor’s Representations and Warranties.

a) Standard of Care. Contractor represents and warrants that Contractor shall provide services based on a manner consistent with the highest degree of care, diligence, and skill. Contractor shall only utilize experienced employees who shall be trained, licensed, authorized or permitted under state and local law to perform the services required on MCC properties. Contract shall provide a list of licenses or certifications if requested, including without limitation,

b) 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.

c) Non-Discrimination. MCC is an equal opportunity/affirmative action

employer. If applicable, Contractor, in performing the work required by this Agreement,


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

d) 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 this Agreement.

e) No Debarment. Contractor represents that it is not debarred or suspended

from doing business with the federal government and/or any state government, and shall notify MCC if it becomes debarred or suspended during the Term of this Agreement.

7. Confidential Information. As used herein, "Confidential Information" will mean any ideas, strategies, plans, purposes, and/or agendas that MCC may seek to advance, any reports and information generated by Contractor, and educational and/or other confidential information related to students (Information). Both during the term of this Agreement and thereafter, Contractor covenants and agrees (i) to hold such information in trust and confidence and to exercise diligence in protecting and safeguarding such information, as well as any other information protected from public disclosure by federal or state law or by the policies or procedures of MCC, (ii) that Contractor will not knowingly use the Information, directly or indirectly, for Contractor’s own benefit, or for the benefit of another, but instead will use such information only for the purposes contemplated hereunder, (iii) that Contractor will not disclose any confidential information to any third party, except as may be required in the course of performing services for MCC hereunder or by law, (iv) that access to the education records of any student shall be in compliance with the Family Educational Rights and Privacy Act, and (v) that Contractor not be deemed a spokesperson for MCC in any manner for the purpose of disseminating any information hereunder, excepting such information that is related to the Purpose and content and format for dissemination of such information is mutually agreed to by the parties. Notwithstanding the foregoing, Contractor's obligations of confidentiality will not include information that (i) at the time of disclosure was in the public domain, (ii) after such disclosure, immediately becomes generally available to the public other than through any act or omission of Contractor, and (iii) is required to be disclosed by a court of competent jurisdiction, provided that prior written notice of such disclosure is furnished to MCC in a timely manner in order to afford MCC the opportunity to seek a protective order against such disclosure and the disclosure is strictly limited to the information that the court requires. After expiration or termination of this Agreement, Contractor must return all confidential information given to or generated by him hereunder within five (5) days of MCC's written request. Contractor agrees that Contractor will comply with MCC's instructions regarding the return or disposition of its confidential information, including any copies or reproductions.

8. Remedies for Disclosure. Contractor understands and agrees that any unauthorized disclosure or use of any confidential information as provided under this article may result in MCC seeking injunctive relief. Contractor agrees to give prompt notice to MCC of any unauthorized


disclosure, use, or misappropriation of any confidential information and take all steps as requested by MCC to limit, stop, or otherwise remedy the disclosure, use, or misappropriation of any confidential information. All steps taken by Contractor relating to remedy shall be at its sole expense.

9. Liability Requirements.

a) Insurance. Contractor agrees to maintain the following insurance throughout the term of this Agreement: a) workers’ compensation and employer’s liability for its employees in amounts as required by Missouri law; b) automobile insurance, to include uninsured and underinsured motorists, in the minimum amounts of $1,000,000 per occurrence and $2,000,000 in the aggregate; and c) general liability in the amounts of $1,000,000 per occurrence and $2,000,000 in the aggregate, which shall include students, participants, volunteers, property damage, and contractually assumed liability and name MCC as an additional insured. Upon the execution of this Agreement, Contractor agrees to provide MCC proof of insurance which shall include the stipulations hereunder and state that such coverage will not be cancelled without thirty (30) days written notice. Failure to so provide or maintain any insurance as requested hereunder will not relieve it of any contractual obligation or responsibility herein.

b) 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 this Agreement.

c) 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.

10. Governing Law. This Agreement is governed by and constructed in accordance with the laws of the state of Missouri.

11. 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 this Agreement and under law.

12. 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.

13. 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.

14. Assignment of Services. It is understood the Contractor shall not assign or subcontract the services in this Agreement without the written consent of MCC, and subject to MCC’s approval of said subcontractor’s expertise to complete the assigned portion of the services.


15. Independent Contractor. The parties agree the terms of this Agreement do not constitute a formation of a partnership, joint venture, employer-employee, or other relationship and no form of agency exist between the parties. The Contractor represents and warrants that it is now and shall remain a separate and independent entity from MCC. Accordingly, no employee, contractor, subcontractor, supplier, agent, or representative of Contractor shall be deemed to be the employee, contractor, subcontractor, supplier agent, or representative of MCC. Contractor shall have on file with MCC prior to services being performed a Request for Taxpayer Identification Number and Certification form (W-9). Contractor shall be solely responsible for any acts or omissions of its employees, as well as payment of all invoice tax, FICA, FUTA, and other tax liabilities for said employees, and agrees to indemnify MCC in accordance with the indemnification provisions under this Agreement.

16. Force Majeure. Neither party shall be liable for damages or have the right to terminate this 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 and which cannot be overcome by reasonable diligence and without unusual expense.

17. 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.

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

19. No Third Party Beneficiary Rights. No third party may enforce or rely upon any obligation of, or the exercise of or failure to exercise any right of, MCC or Contractor in this Agreement. Nothing in this Agreement, whether express or implied, is intended to create any rights or remedies on any third party beneficiary.

20. 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.

21. 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.

22. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and supersedes all offers, negotiations, discussions, and other agreements, whether written or oral, that occurred prior to the date of the execution of this written Agreement, and may not be amended except by the mutual written agreement of the parties.

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


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


EXHIBIT A Scope of Services


PART III

ACKNOWLEDGEMENT OF RECEIPT

16-7132-CP Audio-Visual System and Setup

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

Metropolitan Community College

Purchasing Department Email: [email protected]

Fax: 816-759-1221

Name of Firm:

Address:

City/State/Zip:

Phone: Fax:

Name (Print):

Title:

Email Address:

Signature: Date:

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

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

Submit this form to MCC prior to Noon, May 23, 2016. (Bids can still be submitted even if this form has not been sent to MCC prior to this date. Please check www.mcckc.edu/purchasing/bids for revisions or addenda that may not have been received.)


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