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REQUEST FOR PROPOSAL (RFP)
TO: RFP NO:
TITLE:
ISSUE DATE:
BUYER of RECORD:
PHONE:
FAX:
EMAIL:
9797
On-Call Architectural and Engineering
Services
August 21, 2015
Roderick M. Woolen
(660) 543-4542
(660) 543-8345
PROPOSALS MUST BE RECEIVED NO LATER THAN:
DATE: Tuesday, September 22, 2015
TIME: 2:00PM CDST
RETURN BID TO: University of Central Missouri (UCM)
Procurement and Materials Management
Building A, Room 116
415 East Clark Street
Warrensburg, MO 64093
Prospective offerors are hereby invited to submit their proposal to provide the University of
Central Missouri (University) with on-call Architectural and engineering design pursuant to the
requirements of this Request for Proposal and further agree when the proposal is awarded, a
binding contract, as defined herein, shall exist between the offeror and the University.
PRE-PROPOSAL CONFERENCE: All prospective offerors may attend the pre-proposal conference held
on Wednesday, September 9, 2015 at 10:00AM at the Procurement Office Conference Room 113, 415 East Clark Street, Building A, Warrensburg, MO 64093.
QUESTIONS: Last date to submit questions is 10:00AM on Monday, September 14,
2015. Email or fax questions to 660-543-8345, attention Buyer of
Record.
CONTRACT PERIOD: January 1, 2016 to December 31, 2016. The University shall have the
right, at its sole option, to renew for four (4) additional one-year
periods. IMPORTANT: Bid may not be accepted if the number is not designated on the
outside of the envelope. Any and all communication from bidders
regarding specifications, requirements, competitive procurement
process, etc., must be directed to the buyer as indicated on the first
page of the solicitation document. Communication made with
parties outside of Procurement may result in your solicitation
response being disqualified.
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BID OPENING: All prospective bidders may attend the bid opening held on Tuesday,
September 22, 2015 at 2:00PM at the Procurement Office
Conference Room 111, 415 East Clark Street, Building A,
Warrensburg, MO 64093.
AWARD: Requirement requires UCM Board of Governors approval.
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PART ONE
INTRODUCTION AND GENERAL INFORMATION
1. INTRODUCTION
1.1 This document constitutes a request for competitive, sealed proposals from qualified individuals
and organizations to perform architectural and engineering services in accordance with the terms
and conditions set forth herein.
2. BACKGROUND
2.1 The University intends to select one or more architectural and engineering firms under an on-call
master agreement that will have no specific scope of work or contract amount. As individual
projects arise, the University and the Contractor will negotiate the scope of work and fee and will
formalize such in a project authorization.
3. ORGANIZATION
3.1 This document, referred to as a Request for Proposal (RFP), has been divided into the following
parts for the convenience of the offeror:
3.1.1 Part One – Introduction and General Information
3.1.2 Part Two – General Terms and Conditions
3.1.3 Part Three – General Contractual Requirements
3.1.4 Part Four – Scope of Services
3.1.5 Part Five – Proposal Submission Information
3.1.6 Part Six – Exhibits
END OF PART ONE
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PART TWO
UNIVERSITY OF CENTRAL MISSOURI
PROCUREMENT AND MATERIALS MANAGEMENT OFFICE
TERMS AND CONDITIONS
REQUEST FOR PROPOSAL
1. TERMINOLOGY/DEFINITIONS
Whenever the following words and expressions appear in a Request for Proposal (RFP) document or any
amendment thereto, the definition or meaning described below shall apply.
a. Amendment means a written, official modification to a RFP or to a contract.
b. Attachment applies to all forms which are included with a RFP to incorporate any informational data
or requirements related to the performance requirements and/or specifications.
c. Proposal Opening Date and Time and similar expressions mean the exact deadline required by the
RFP for the Physical receipt of sealed proposals in the Procurement and Materials Management
Office.
d. Offeror means the person or organization that responds to a RFP by submitting a proposal with
prices to provide the equipment, supplies, and/or services as required in the RFP document.
e. Buyer means the procurement staff member of the Procurement and Materials Management Office.
The Contact Person as referenced herein is usually the Buyer.
f. Contract means a legal and binding agreement between two or more competent parties, for a
consideration for the procurement of equipment, supplies, and/or services.
g. Contractor means a person or organization who is a successful offeror as a result of a RFP and who
enters into a contract.
h. Exhibit applies to forms which are included with a RFP for the offeror to complete and return with
the sealed proposal prior to the specified opening date and time.
i. Request for Proposal (RFP) means the solicitation document issued by the Procurement and
Materials Management Office to potential offerors for the purchase of equipment, supplies, and/or
services as described in the document. The definition includes these Terms and Conditions as well as
all Pricing Pages, Exhibits, Attachments, and Amendments thereto.
j. May means that a certain feature, component, or action is permissible, but not required.
k. Must means that a certain feature, component, or action is a mandatory condition. Failure to provide
or comply will result in a proposal being considered non-responsive.
l. Pricing Page(s) applies to the form(s) on which the offeror must state the price(s) applicable to the
equipment, supplies, and/or services required in the RFP. The pricing pages must be completed and
returned by the offeror with the sealed proposal prior to the specified proposal opening date and time.
m. Shall has the same meaning as the word must.
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n. Should means that a certain feature, component and/or action is desirable but not mandatory.
2. OPEN COMPETITION/REQUEST FOR PROPOSAL DOCUMENT
a. It shall be the offeror's responsibility to ask questions, request changes or clarification, or otherwise
advise the Procurement and Materials Management Office if language, specifications or requirements
of a RFP appear ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit
the requirements stated in the RFP to a single source. Any and all communication from offerors
regarding specifications, requirements, competitive procurement process, etc., must be directed to the
buyer as indicated on the first page of the RFP. Such communication should be received at least
seven calendar days prior to the official proposal opening date.
Every attempt shall be made to ensure that the offeror receives an adequate and prompt response.
However, in order to maintain a fair and equitable procurement process, all offerors will be advised
via the issuance of an amendment to the RFP, of any relevant or pertinent information related to the
procurement. Therefore, offerors are advised that unless specified elsewhere in the RFP, questions
received by the Procurement and Materials Management Office less than seven calendar days prior to
the RFP opening date may not be answered.
b. Offerors are cautioned that the only official position of the University is that position which is stated
in writing and issued by the Procurement and Materials Management Office in the RFP or an
amendment thereto. No other means of communication, whether oral or written, shall be construed
as a formal or official response or statement.
c. The Procurement and Materials Management Office monitors all procurement activities to detect any
possibility of deliberate restraint of competition, collusion among offerors, price-fixing by offerors,
or any other anticompetitive conduct by offerors which appears to violate state and federal antitrust
laws. Any suspected violation shall be referred to the Missouri Attorney General's Office for
appropriate action.
d. The Procurement and Materials Management Office reserves the right to officially modify or cancel a
RFP after issuance. Such a modification shall be identified as an amendment.
e. The Contractor certifies, by submitting this bid or proposal, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from participation in this transaction (contract) by any governmental department or agency.
3. PREPARATION OF PROPOSALS
a. Offerors must examine the entire RFP carefully. Failure to do so shall be at offeror's risk.
b. Unless otherwise specifically stated in the RFP, all specifications and requirements constitute
minimum requirements. All proposals must meet or exceed the stated specifications and
requirements.
c. Unless otherwise specifically stated in the RFP, any manufacturer's names, trade names, brand
names, information and/or catalog numbers listed in a specification and/or requirement are for
informational purposes only and are not intended to limit competition. Theofferor may offer any
brand which meets or exceeds the specification for any item, but must state the manufacturer's name
and model number for any such brands in the proposal. In addition, the offeror shall explain, in
detail, (1) the reasons why the proposed equivalent meets or exceeds the specifications and/or
requirements and (2) why the proposed equivalent should not be considered an exception thereto.
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Proposals which do not comply with the requirements and specifications are subject to rejection
without clarification.
d. Proposals lacking any written indication of intent to offer an alternate brand or to take an exception
shall be received and considered in complete compliance with the specifications and requirements as
listed in the RFP.
e. All equipment and supplies offered in a proposal must be new and of current production and
available for marketing by the manufacturer unless the RFP clearly specifies that used, reconditioned,
or remanufactured equipment and supplies may be offered.
f. Prices shall include all packing, handling and shipping charges FOB destination, freight prepaid and
allowed unless otherwise specified in the RFP.
g. Prices offered shall remain valid for 90 days from proposal opening unless otherwise indicated. If the
proposal is accepted, prices shall be firm for the specified contract period.
4. SUBMISSION OF PROPOSALS
a. A proposal submitted by an offeror must (1) be signed by a duly authorized representative of the
offeror's organization, (2) contain all information required by the RFP, (3) be priced as required, (4)
be sealed in an envelope or container, and (5) be mailed or hand-delivered (not faxed) to the
Procurement and Materials Management Office and officially clocked in no later than the exact
opening time and date specified in the RFP.
b. The sealed envelope or container containing a proposal should be clearly marked on the outside with
(1) the official RFP number and (2) the official opening date and time. Different proposals should
not be placed in the same envelope, although copies of the same proposal may be placed in the same
envelope.
c. A proposal may only be modified or withdrawn by signed, written notice which has been received by
the Procurement and Materials Management Office prior to the official opening date and time
specified. A proposal may also be withdrawn or modified in person by the offeror or its authorized
representative, provided proper identification is presented before the official opening date and time.
Telephone or telegraphic requests to withdraw or modify a proposal shall not be honored.
5. FACSIMILE DOCUMENTS
a. All responses to RFP's and amendments to RFP's including "no bid" responses and requests to
modify a proposal, must be delivered to the Procurement and Materials Management Office in a
sealed envelope or container. Submission by unsealed facsimile, telegram or telephone is not
acceptable. However, sealed proposals containing faxed pages are acceptable. In addition, requests
to withdraw proposals may be submitted by facsimile but must be received by the Procurement and
Materials Management Office prior to the official opening date and time specified.
6. PROPOSAL OPENING
a. Proposal openings are public on the opening date and at the opening time specified on the RFP
document. Only the names of the offerors shall be read at the proposal opening. The contents of the
proposals shall not be disclosed.
b. It is the offeror's responsibility to ensure that the proposal is delivered by the official opening date
and time to the Procurement and Materials Management Office.
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c. Proposals which are not received by the Procurement and Materials Management Office prior to the
official opening date and time shall be considered late, regardless of the degree of lateness or the
reason related thereto, including causes beyond the control of the offeror. Late proposals shall not be
opened.
7. PREFERENCES
a. By virtue of statutory authority, a preference will be given to materials, products, supplies, provisions
and all other articles produced, manufactured, made or grown within the state of Missouri. Such
preference shall be given when quality is equal or better and delivered price is the same or less.
b. In accordance with Executive Order 98-21, contractors are encouraged to utilize minority and
women-owned businesses in selecting subcontractors.
8. EVALUATION /AWARD
a. Any clerical error, apparent on its face, may be corrected by the Procurement and Materials
Management Office before contract award. Upon discovering an apparent clerical error, the buyer
shall contact the offeror and request written clarification of the intended proposal. The correction
shall be made in the notice of award. Examples of apparent clerical errors are (1) misplacement of
decimal point; and (2) obvious mistake in designation of unit.
b. Any pricing information submitted by an offeror but not reflected on the pricing page shall be subject
to evaluation if deemed by the Procurement and Materials Management Office to be in the best
interests of the University.
c. Unless otherwise stated in the RFP, cash discounts for prompt payment of invoices shall not be
considered in the evaluation of prices. However, such discounts are encouraged to motivate prompt
payment.
d. Awards shall be made to the offeror whose proposal (1) complies with all mandatory specifications
and requirements of the RFP and (2) is the lowest and best proposal, considering price, responsibility
of the offeror, and all other evaluation criteria specified in the RFP and any subsequent negotiations.
e. In the event all offerors fail to meet the same mandatory requirements in a RFP, the Procurement and
Materials Management Office reserves the right, at its sole discretion, to waive that requirement for
all offerors and to proceed with the evaluation. In addition, the Procurement and Materials
Management Office reserves the right to waive any minor irregularity or technicality found in any
individual proposal.
f. When evaluating a proposal, the University reserves the right to consider relevant information and
fact, whether gained from a proposal, from an offeror, from offeror's references, or from any other
source.
g. Any information contained in the proposal package, regardless of the format or placement of such
information, may be considered in making decisions related to the responsiveness and merit of a
proposal and the award of a contract.
h. Negotiations may be conducted with those offerors who submit potentially acceptable proposals.
Proposal revisions may be permitted for the purpose of obtaining best and final offers. In conducting
negotiations, there shall be no disclosure of any information submitted by competing offerors.
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i. Any award of a contract shall be made by written notification from the Procurement and Materials
Management Office to the successful offeror. The Procurement and Materials Management Office
reserves the right to make awards by item, group of items, or an all or none basis. The grouping of
items awarded shall be determined by the Procurement and Materials Management Office based upon
factors such as item similarity, location, administrative efficiency, or other considerations in the best
interest of the University.
j. Pursuant to Section 610.021 RSMo, proposals and related documents shall not be available for public
review until after a contract is executed or all proposals are rejected.
k. The Procurement and Materials Management Office reserves the right to request written clarification
of any portion of the offeror's response in order to verify the intent of the offeror. The offeror is
cautioned, however, that its response shall be subject to acceptance or rejection without further
clarification.
9. CONTRACT/PURCHASE ORDER
a. By submitting a proposal, the offeror agrees to furnish any and all equipment, supplies and/or
services specified in the RFP, at the prices quoted, pursuant to all requirements and specifications
contained therein.
b. A binding contract shall consist of: (1) the RFP, any amendments thereto, and any negotitation
request(s) with RFP changes/additions, (2) the contractor's response (proposal) to the RFP including
the contractor's best and final offer, (3) clarification of the proposal, if any, and (4) the Procurement
and Materials Management Office's acceptance of the response (proposal) by "notice of award" (for
ongoing provision of equipment, supplies, and/or services) or by "purchase order." All Exhibits and
Attachments included in the RFP shall be incorporated into the contract be reference.
c. A notice of award does not constitute an authorization for shipment of equipment or supplies or a
directive to proceed with services. Before providing equipment, supplies and or/services, the
contractor must receive a properly authorized purchase order.
d. The contract expresses the complete agreement of the parties and performance shall be governed
solely by the specifications and requirements contained therein. Any change, whether by
modification and/or supplementation, must be accompanied by a formal contract amendment signed
and approved by and between the duly authorized representatives of the contractor and the
Procurement and Materials Management Office or by a purchase order change order prior to the
effective date of such modification. The contractor expressly and explicitly understands and agrees
that no other method and/or no other document, including correspondence, acts, and oral
communications by or from any person, shall be used or construed as an amendment/change order to
the contract.
e. All prices shall be firm, fixed. The University shall not pay, nor be liable for, any other additional
costs including, but not limited to taxes, insurance, interest, penalties, termination payments, attorney
fees, liquidates damages, etc.
f. To the extent that a provision of the contract is contrary to the Constitution or laws of this state or of
the United States, the provision shall be void and unenforceable. However, the balance of the
contract shall remain in force between the parties.
g. No modification of any provision in the contract shall be made or construed to have been made unless
such modification is mutually agreed to in writing by the Contractor and the University Procurement
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Office and incorporated in a written amendment to the contract approved by the University
Procurement Office prior to the effective date of such modification.
10. INVOICING AND PAYMENT
a. The University does not pay state or federal taxes unless otherwise required under law or regulation.
The University's Missouri sales tax exemption number 12496308.
b. Each invoice submitted must reference the contract or purchase order number and must be itemized
in accordance with items listed on the purchase order and/or contract. Failure to comply with this
requirement may delay processing of invoices for payment.
c. The contractor shall not transfer any interest in the contract, whether by assignment or otherwise,
without the prior written consent of the Procurement and Materials Management Office.
d. Payment for all equipment, supplies, and/or services required shall be made in arrears. The
University shall not make any advance deposits.
e. The University assumes no obligation for equipment, supplies and/or services shipped or provided in
excess of the quantity ordered. Any unauthorized quantity is subject to the University's rejection and
shall be returned at the contractor's expense.
11. DELIVERY
a. Time is of the essence. Deliveries of equipment, supplies, and/or services must be made no later than
the time stated in the contract or within a reasonable period of time, if a specific time is not stated.
12. INSPECTION AND ACCEPTANCE
a. No equipment, supplies, and/or services received by the University pursuant to a contract shall be
deemed accepted until the University has had reasonable opportunity to inspect said equipment,
supplies, and/or services.
b. All equipment, supplies, and/or services which do not comply with the specifications and/or
requirements or which are otherwise unacceptable or defective may be rejected. In addition, all
equipment, supplies, and/or services which are discovered to be defective or which do not conform to
any warranty of the contractor upon inspection (or at any later time if the defects contained were not
reasonably ascertainable upon the initial inspection) may be rejected.
c. The University reserves the right to return any such rejected shipment at the contractor's expense for
full credit or replacement and specify a reasonable date by which replacements must be received.
d. The University's right to reject any unacceptable equipment, supplies, and/or services shall not
exclude any other legal, equitable or contractual remedies the University may have.
13. WARRANTY
a. The contractor expressly warrants that all equipment, supplies and/or services provided shall: (1)
conform to each and every specification, drawing, sample or other description which was furnished to or
adopted by the Procurement and Materials Management Office, (2) be fit and sufficient for the purpose
expressed in the RFP, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free
from defect.
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b. Such warranty shall survive delivery and shall not be deemed waived either by reason of the University's
acceptance of or payment of said equipment, supplies and/or services.
14. APPLICABLE LAWS AND REGULATIONS
a. The contract shall be construed according to the laws of the State of Missouri. The contractor shall
comply with all local, state, and federal laws and regulations related to the performance of the contract to
the extent that the same may be applicable.
b. To the extent that provision of the contract is contrary to the Constitution or laws of the State of Missouri
or of the United States, the provisions shall be void and unenforceable. However, the balance of the
contract shall remain in force between the parties unless terminated by consent of both the contractor and
the Procurement and Materials Management Office.
c. The contractor must be registered and maintain good standing with the secretary of State of the State of
Missouri and other regulatory agencies, as may be required by law or regulations.
d. The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required
Missouri tax returns and taxes, including interest and additions to tax.
e. The exclusive venue for any legal proceeding relating to or arising out of the RFP or resulting contract
shall be in the Circuit Court of Johnson County, Missouri.
f. The contractor shall only utilize personnel authorized to work in the United States in accordance with applicable
federal and state laws and Executive Order 07-13 for work performed in the United States
15. CONFLICT OF INTEREST
a. Officials and employees of the University, its governing body, or any other public officials of the
State of Missouri must comply with Sections 105.452 and 105.454 RSMo regarding conflict of
interest.
b. The contractor hereby covenants that at the time of the submission of the proposal the contractor has
no other contractual relationships which would create any actual or perceived conflict of interest.
The contractor further agrees that during the term of the contract neither the contractor nor any of its
employees shall acquire any other contractual relationships which create such a conflict.
16. REMEDIES AND RIGHTS
a. No provision in the contract shall be construed, expressly or implied, as a waiver by the University of
any existing or future right and/or remedy available by law in the event of any claim by the University of
the contractor's default or breach of contract.
b. The contractor agrees and understands that the contract shall constitute an assignment by the contractor
to the University of all rights, title and interest in and to all causes of action that the contractor may have
under the antitrust laws of the United States or the State of Missouri for which causes of action have
accrued or will accrue as the result of or in relation to the particular equipment, supplies, and/or services
purchased or procured by the contractor in the fulfillment of the contract with the University.
17. RIGHT TO TERMINATE CONTRACT
a. The University reserves the right to terminate the contract for the convenience of the University
without penalty or recourse by giving written notice to the Contractor at least ninety (90) calendar
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days prior to the effective date of such termination. In the event of termination pursuant to this
paragraph, all documents, data, reports, and accomplishments prepared, furnished or completed by
the Contractor pursuant to the terms of the contract shall, at the option of the Purchasing Office,
become property of the University.
18. CANCELLATION OF CONTRACT
a. In the event of material breach of the contractual obligations by the contractor, the Procurement and
Materials Management Office may cancel the contract. At its sole discretion the Procurement and
Materials Management Office may give the contractor an opportunity to cure the breach or to explain
how the breach will be cured.
b. If the contractor fails to cure the breach or if circumstances demand immediate action, the Procurement
and Materials Management Office will issue a notice of cancellation terminating the contract
immediately.
c. If the Procurement and Materials Management Office cancels the contract for breach, the Procurement
and Materials Management Office reserves the right to obtain the equipment, supplies, and/or services to
be provided pursuant to the contract from other sources and charge the contractor for any additional costs
incurred as a result.
d. The contractor understands and agrees that funds required to fund the contract must be appropriated for
each fiscal year included within the contract period (the University's fiscal year runs July 1 through June
30). The contract shall not be binding upon the University for any period in which funds have not been
appropriated, and the University shall not be liable for any costs associated with termination caused by
lack of appropriations.
19. COMMUNICATIONS AND NOTICES
a. Any written notice to the contractor shall be deemed sufficient when deposited in the United States
mail postage prepaid, transmitted by facsimile, or hand-carried and presented to an authorized
employee of the contractor at the contractor's address as listed in the contract.
20. BANKRUPTCY OR INSOLVENCY
a. Upon filing for any bankruptcy or insolvency proceeding by or against the contractor, whether
voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of
creditors, the contractor must notify the Procurement and Materials Management Office immediately.
b. Upon learning of any such actions, the Procurement and Materials Management Office reserves the
right at its sole discretion, to either cancel the contract or affirm the contract and hold the contractor
responsible for damages.
21. INVENTIONS, PATENTS AND COPYRIGHTS
a. The contractor shall defend, protect, and hold harmless the University, its officers, agents, and
employees against all suits of law equity resulting from patent and copyright infringement concerning
the contractor's performance or products produced under the terms of the contract.
22. NON-DISCRIMINATION AND AFFIRMATIVE ACTION
a. In connection with the furnishing of equipment, supplies, and/or services under the contract, the
contractor and all subcontractors shall agree not to discriminate against recipients of services or
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employees or applicants for employment on the basis of race, color, religion, national origin, sex, age,
disability, or veteran status. If the contractor or subcontractor employs at least 50 persons, they shall have
and maintain an affirmative action program which shall include:
i. A written policy statement committing the organization to affirmative action and assigning
management responsibilities and procedures for evaluation and dissemination;
ii. The identification of a person designated to handle affirmative action;
iii. The establishment of non-discriminatory selection standards, objective measures to analyze
recruitment, an upward mobility system, a wage and salary structure, and standards applicable
to layoff, recall, discharge, demotion, and discipline;
iv. The exclusion of discrimination from all collective bargaining agreements; and
v. Performance of an internal audit of the reporting system to monitor execution and to provide
for future planning.
b. If discrimination by a contractor is found to exist, the Procurement and Materials Management Office
shall take appropriate enforcement action which may include, but not necessarily be limited to,
cancellation of the contract, removal from all offeror's lists issued by the Procurement and Materials
Management Office until corrective action by the contractor is made and ensured, and referral to the
Attorney General's Office, whichever enforcement action may be deemed most appropriate.
23. AMERICANS WITH DISABILITIES ACT
a. In connection with the furnishing of equipment, supplies, and/or services under the contract, the
contractor and all subcontractors shall comply with all applicable requirements and provisions of the
Americans with Disabilities Act (ADA).
24. CONTRACT PERIOD
a. Contract Period - The original contract period shall be as stated on page one (1) of the Request for
Proposal (RFP). The contract shall not bind, nor purport to bind, the University for any contractual
commitment in excess of the original contract period. All terms and conditions, requirements and
specifications of the contract shall remain the same and apply during the renewal period, pursuant to
applicable option clauses of this document.
25. TERMINATION
a. The University reserves the right to terminate the contract at any time, for the convenience of the
University, without penalty or recourse, by giving written notice to the contractor at least ninety (90)
calendar days prior to the effective date of such termination. In the event of termination pursuant to
this paragraph, all documents, data, reports, supplies, equipment, and accomplishments prepared,
furnished or completed by the contractor pursuant to the terms of the contract shall, at the option of
the University, become the property of the University. The contractor shall be entitled to receive
compensation for services and/or supplies delivered to and accepted by the University pursuant to the
contract prior to the effective date of termination.
26. CONTRACTOR LIABILITY
a. The contractor shall be responsible for any and all personal injury (including death) or property
damage as a result of the contractor's negligence involving any equipment or service provided under
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the terms and conditions, requirements and specifications of the contract. In addition, the contractor
assumes the obligation to save the University, including its agencies, employees, and assignees, from
every expense, liability, or payment arising out of such negligent act.
b. The contractor also agrees to hold the University, including its agencies, employees, and assignees,
harmless for any negligent act or omission committed by any subcontractor or other person employed
by or under the supervision of the contractor under the terms of the contract.
c. The contractor shall not be responsible for any injury or damage occurring as a result of any negligent
act or omission committed by the University, including its employees and assignees.
d. Under no circumstances shall the contractor be liable for any of the following: (1) third party claims
against the University for losses or damages (other than those listed above); or (2) economic
consequential damages (including lost profits or savings) or incidental damages, even if the
contractor is informed of their possibility.
27. INSURANCE
a. The contractor shall understand and agree that the University cannot save and hold harmless and/or
indemnify the contractor or employees against any liability incurred or arising as a result of any
activity of the contractor or any activity of the contractor's employees related to the contractor's
performance under the contract. Therefore, the contractor must have and maintain adequate liability
insurance in the form(s) and amount(s) sufficient to protect the University, its agencies, its
employees, its clients, and the general public against any such loss, damage and/or expense related to
his/her performance under the contract. The insurance shall include an endorsement that adds the
University as an additional insured. Self-insurance coverage or another alternative risk financing
mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable and the
University is protected as an additional insured. The contractor must submit evidence of insurance
coverage to the Procurement and Materials Management Office within thirty (30) calendar days of
the receipt of the notice of award. In the event any insurance coverage is canceled, the Procurement
and Materials Management Office must be notified immediately.
28. SUBCONTRACTORS
a. Any subcontracts for the products/services described herein must include appropriate provisions and
contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by
the contractor and the University and to ensure that the University is indemnified, saved, and held
harmless from and against any and all claims of damage, loss, and cost (including attorney fees) of
any kind related to a subcontract in those matters described in the contract between the University
and the contractor.
b. The contractor shall expressly understand and agree that he/she shall assume and be solely
responsible for all legal and financial responsibilities related to the execution of a subcontract.
c. The contractor shall agree and understand that utilization of a subcontractor to provide any of the
products/services in the contract shall in no way relieve the contractor of the responsibility for
providing the products/services as described and set forth herein.
d. The contractor must obtain the approval of the University prior to establishing any new
subcontracting arrangements and before changing any subcontractors. The approval shall not be
arbitrarily withheld.
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e. Pursuant to subsection 1 of section 285.530, RSMo, no contractor or subcontractor shall knowingly
employ, hire for employment, or continue to employ an unauthorized alien to perform work within
the State of Missouri. In accordance with sections 285.525 to 285.550, RSMo, a general contractor
or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with
its direct subcontractor who violates subsection 1 of section 285.530, RSMo, if the contract binding
the contractor and subcontractor affirmatively states that:
i. The direct subcontractor is not knowingly in violation of subsection 1 of section 285.530,
RSMo, and shall not henceforth be in such violation.
ii. The contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting
to the fact that the direct subcontractor’s employees are lawfully present in the United States.
29. SUBSTITUTION OF PERSONNEL
a. The contractor agrees and understands that the University's agreement to the contract is predicated in
part on the utilization of the specific key individual(s) and/or personnel qualifications identified in the
proposal. Therefore, the contractor agrees that no substitution of such specific key individual(s)
and/or personnel qualifications shall be made without the prior written approval of the University.
The contractor further agrees that any substitution made pursuant to this paragraph must be equal or
better than originally proposed and that the University’s approval of a substitution shall not be
construed as an acceptance of the substitution's performance potential. The University agrees that an
approval of a substitution will not be unreasonably withheld.
30. AUTHORIZED PERSONNEL
a. The contractor shall only utilize personnel authorized to work in the United States in accordance with
applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform
and Immigrant Responsibility Act (IIRIRA) and INA Section 274A.
b. If the contractor is found to be in violation of this requirement or the applicable state, federal and
local laws and regulations, and if the University has reasonable cause to believe that the contractor
has knowingly employed individuals who are not eligible to work in the United States, the University
shall have the right to cancel the contract immediately without penalty or recourse and suspend or
debar the contractor from doing business with the University. The University may also withhold up
to twenty-five percent of the total amount due to the contractor.
c. The contractor shall agree to fully cooperate with any audit or investigation from federal, state, or
local law enforcement agencies.
d. If the contractor meets the definition of a business entity as defined in section 285.525, RSMo,
pertaining to section 285.530, RSMo, the contractor shall maintain enrollment and participation in the
E-Verify federal work authorization program with respect to the employees hired after enrollment in
the program who are proposed to work in connection with the contracted services included herein. If
the contractor’s business status changes during the life of the contract to become a business entity as
defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall,
prior to the performance of any services as a business entity under the contract:
i. Enroll and participate in the E-Verify federal work authorization program with respect to the
employees hired after enrollment in the program who are proposed to work in connection with
the services required herein.
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ii. Provide to the Procurement and Materials Management Office the documentation required in
the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of
Work Authorization affirming said company’s/individual’s enrollment and participation in the
E-Verify federal work authorization program.
iii. Submit to the Procurement and Materials Management Office a completed, notarized Affidavit
of Work Authorization provided in the exhibit titled, Business Entity Certification, Enrollment
Documentation, and Affidavit of Work Authorization.
e. In accordance with subsection 2 of section 285.530, RSMo, the contractor should renew their
Affidavit of Work Authorization annually. A valid Affidavit of Work Authorization is necessary to
award any new contracts.
31. CONTRACTOR STATUS
a. The contractor represents himself or herself to be an independent contractor offering such services to
the general public and shall not represent himself/herself or his/her employees to be an employee of
the University. Therefore, the contractor shall assume all legal and financial responsibility for taxes,
FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage
requirements, overtime, etc., and agrees to indemnify, save, and hold the University, its officers,
agents, and employees, harmless from and against, any and all loss; cost (including attorney fees);
and damage of any kind related to such matters.
32. COORDINATION
a. The contractor shall fully coordinate all contract activities with those activities of the University. As
the work of the contractor progresses, advice and information on matters covered by the contract
shall be made available by the contractor to the University or the Procurement and Materials
Management Office throughout the effective period of the contract.
33. PROPERTY OF THE UNIVERSITY
a. All documents, data, reports, supplies, equipment, and accomplishments prepared, furnished, or
completed by the contractor pursuant to the terms of the contract shall become the property of the
University. Upon expiration, termination, or cancellation of the contract, said items shall become the
property of the University.
34. CONFIDENTIALITY
a. The contractor shall agree and understand that all discussions with the contractor and all information
gained by the contractor as a result of the contractor’s performance under the contract shall be
confidential and that no reports, documentation, or material prepared as required by the contract shall
be released to the public without the prior written consent of the University.
b. If required by the University, the contractor and any required contractor personnel must sign specific
documents regarding confidentiality, security, or other similar documents upon request. Failure of
the contractor and any required personnel to sign such documents shall be considered a breach of
contract and subject to the cancellation provisions of this document.
35. MINORITY AND WOMEN-OWNED BUSINESS PARTICIPATION
a. Executive order 05-30 directs the University to strengthen efforts to increase purchases to certified
minority and women-owned businesses (MBE/WBE). All state agencies shall continue to make
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every feasible effort to target the percentage of goods and services procured from certified MBE’s
and WBE’s to 10% and 5% respectively. The targets may be met through the use of prime
contractors, subcontractors, joint ventures, or other arrangements that afford meaningful opportunities
for MBE/WBE participation. The contractor shall therefore make a good faith effort to obtain
MBE/WBE participation in any subcontracting activities. Businesses must meet the eligibility
requirements outlined in 37.020, RSMo. An MBE or WBE is defined as a business in which at least
51% of the ownership interest is held by minorities or women and the management and daily
business operations are controlled by one or more of the minorities or women who own it. A
minority is defined as belonging to one of the following racial minority groups: African Americans,
Native Americans, Hispanic Americans, Asian Americans, or other similar racial groups.
b. In the event an MBE/WBE subcontractor is unable to satisfactorily perform, the contractor shall
make a good faith effort to replace the subcontractor with another MBE/WBE subcontractor. The
contractor must secure written approval from the Procurement and Materials Management Office
prior to the replacement of an MBE/WBE subcontractor. If the contractor proposes replacement of
an MBE/WBE subcontractor with a non-MBE/WBE, the contractor must provide documentation of
any and all efforts made to secure a MBE/WBE replacement. The Procurement and Materials
Management Office shall have sole discretion in determining if the actions taken by the contractor
constitute a good faith effort.
36. INDEMNIFICATION
a. Each party shall be responsible for damages that result from its wrongful acts or omissions, or each
respective party’s employees, agents, and/or representatives due to neglect or wrongful acts or
omissions occurring during or arising out of the performance of duties and obligations agreed to
herein. By so agreeing, the University is not waiving its sovereign immunity as provided by section
537.600, RSMo, nor is it waiving any of the protection afforded it as a quasi-public body of the State
of Missouri. Rather, the University agrees to be responsible hereunder only to the extent that it
would otherwise be liable under the provisions of section 537.600, RSMo.
b. In the event of legal actions or claims arising out of this contract against the University, the Board of
Governors, or its employees or agents, the contractor will share the cost of litigation, defense,
judgment or settlement on a 50/50 basis with the University. The University shall reserve the right to
engage legal counsel and determine whether settlement or defense of litigation is appropriate. This
section is not withstanding worker’s compensation claims.
c. If allegations of wrongdoing are alleged against the University, the Board of Governors, or its
employees which in fact are solely attributable to the contractor or were solely the fault of the
contractor, the contractor will indemnify and reimburse the University for all legal costs and expenses
incurred by the University in extricating itself from the legal action or claim.
37. FILING AND PAYMENT OF TAXES
a. The commissioner of administration and other agencies to which the state purchasing law applies
shall not contract for goods or services with a vendor if the vendor or an affiliate of the vendor makes
sales at retail of tangible personal property or for the purpose of storage, use, or consumption in this
state but fails to collect and properly pay the tax as provided in chapter 144, RSMo. For the purposes
of this section, "affiliate of the vendor" shall mean any person or entity that is controlled by or is
under common control with the vendor, whether through stock ownership or otherwise. Therefore
offeror’s failure to maintain compliance with chapter 144, RSMo, may eliminate their proposal from
consideration for award.
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38. FUNDING SHORTFALLS
b. In the event that funds are not available for any of the remaining years after year one (1), the
University will have the option to terminate the contract with sixty (60) days’ notice.
39. VENDOR NO TAX DUE CERTIFICATION
a. The State of Missouri requires the University to have a Vendor No Tax Due Certificate on file before
the final award letter is provided. The selected vendor for this contract shall be in compliance with
the state mandate. The procedure for obtaining this certificate is provided herein (attachment one).
40. TITLES
a. Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be
construed to infer a contractual construction of language.
END OF PART TWO
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PART THREE
GENERAL CONTRACTUAL REQUIREMENTS
1. CONTRACT PERIOD:
1.1 The contract period shall be as stated on page one of the Request for Proposal (RFP). The contract shall
not bind, nor purport to bind, the University for any contractual commitment in excess of the original
contract period. The University shall have the right, at its sole option, to renew the contract for four (4)
additional one-year periods, or portion thereof. In the event the University exercises such right, all terms
and conditions, requirements and specifications of the contract shall remain the same and apply during the
renewal period(s).
2. APPLICABLE STATE LAWS:
2.1 The contract shall be construed according to the laws of the State of Missouri.
3. CONFLICT OF INTEREST:
3.1 No official or employee of the University or its governing body and no other public official of the State of
Missouri who exercises any functions or responsibilities in the review or approval of the undertaking or
carrying out of the project covered by the contract shall voluntarily acquire any personal interest, directly
or indirectly, in the contract or proposed contract.
3.2 The Contractor covenants that the Contractor presently has no interest and shall not acquire any interest,
directly or indirectly, which would conflict in any manner or degree with the performance of the services
hereunder. The Contractor further covenants that no person having any such known interest shall be
employed or conveyed an interest, directly or indirectly, in the contract.
4. MINORITY AND WOMEN-OWNED BUSINESS PARTICIPATION:
4.1 Executive order 05-30 directs the University to strengthen efforts to increase purchases to certified
minority and women-owned businesses (MBE/WBE). All state agencies shall continue to make every
feasible effort to target the percentage of goods and services procured from certified MBE’s and WBE’s
to 10% and 5% respectively. The targets may be met through the use of prime contractors,
subcontractors, joint ventures, or other arrangements that afford meaningful opportunities for MBE/WBE
participation. The Contractor shall therefore make a good faith effort to obtain MBE/WBE participation
in any subcontracting activities. Businesses must meet the eligibility requirements outlined in 37.020,
RSMo. An MBE or WBE is defined as a business in which at least 51% of the ownership interest is held
by minorities or women and the management and daily business operations are controlled by one or more
of the minorities or women who own it. A minority is defined as belonging to one of the following racial
minority groups: African Americans, Native Americans, Hispanic Americans, Asian Americans, or other
similar racial groups.
4.2 In the event an MBE/WBE subcontractor is unable to satisfactorily perform, the Contractor shall make a
good faith effort to replace the subcontractor with another MBE/WBE subcontractor. The Contractor
must secure written approval from the University Procurement and Materials Management Office
(Procurement Office) prior to the replacement of an MBE/WBE subcontractor. If the Contractor proposes
replacement of an MBE/WBE subcontractor with a non-MBE/WBE, the Contractor must provide
documentation of any and all efforts made to secure a MBE/WBE replacement. The University
Procurement Office shall have sole discretion in determining if the actions taken by the Contractor
constitute a good faith effort.
5. CONTRACT DOCUMENTS:
5.1 The contract between the University and the Contractor shall consist of: (1) the Request for Proposal
(RFP), and any amendments thereto, and (2) the Contractor's response to the Request for Proposal. The
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University reserves the right to clarify any contractual relationship in writing with the concurrence of the
Contractor, and such written clarification shall govern in case of conflict with the applicable requirements
stated in the RFP or the Contractor's response. In all other matters not affected by the written
clarification, if any, the RFP shall govern. The offeror is cautioned that the offeror’s response shall be
subject to acceptance without further clarification.
5.2 To the extent that a provision of the contract is contrary to the Constitution or laws of this state or of the
United States, the provision shall be void and unenforceable. However, the balance of the contract shall
remain in force between the parties.
6. AMENDMENTS TO CONTRACT:
6.1 No modification of any provision in the contract shall be made or construed to have been made unless
such modification is mutually agreed to in writing by the Contractor and the Procurement Office and
incorporated in a written amendment to the contract approved by the Procurement Office prior to the
effective date of such modification.
7. ASSIGNMENTS:
7.1 The Contractor shall not transfer any interest in the contract, whether by assignment, merger, or
otherwise, without the prior written consent of the Procurement Office.
8. SUBCONTRACTORS:
8.1 Any subcontracts for the products/services described herein must include appropriate provisions and
contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by the
Contractor and the University and to ensure that the University is indemnified, saved, and held harmless
from and against any and all claims of damage, loss, and cost (including attorney fees) of any kind related
to a subcontract in those matters described in the contract between the University and the Contractor.
a. The Contractor shall expressly understand and agree that he/she shall assume and be solely
responsible for all legal and financial responsibilities related to the execution of a subcontract.
b. The Contractor shall agree and understand that utilization of a subcontractor to provide any of the
products/services in the contract shall in no way relieve the contractor of the responsibility for
providing the products/services as described and set forth herein.
c. The Contractor must obtain the approval of the University prior to establishing any new
subcontracting arrangements and before changing any subcontractors. The approval shall not be
arbitrarily withheld.
9. CONTRACTOR’S WORK ACTIVITIES AND REPORTS:
9.1 The Contractor shall fully coordinate his activities in the performance of the contract with those of the
University. As the work of the Contractor progresses, advice, updated progress reports and information
on matters covered by the contract shall be made available by the Contractor to the University throughout
the effective period of the contract.
9.2 All reports, documentation, and material developed or acquired by the Contractor as direct requirement
specified in the contract shall become the property of the University. The Contractor shall agree and
understand that all discussions with the Contractor and all information gained by the Contractor as a result
of the Contractor’s performance under the contract shall be confidential and that no reports,
documentation or material prepared, as required by the contract shall be released to the public without the
prior written consent of the University.
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10. CONTRACTOR’S PERSONNEL/REPRESENTATIVES
10.1 The Contractor agrees and understands that the University’s agreement to the contract is predicated, in
part and among other considerations, on the utilization of the specific individual(s) and/or personnel
qualification(s) as identified and/or described in the Contractor’s proposal. Therefore, the Contractor
agrees that no substitution of such specific individuals and/or personnel qualifications shall be made
without the prior written approval of the University. The Contractor further agrees that any substitution
made pursuant to this paragraph must be equal or better than originally proposed and that the University’s
approval of a substitution shall not be construed as an acceptance of the substitution’s performance
potential. The University agrees that an approval of a substitution will not be unreasonably withheld.
10.2 In the event that the University is dissatisfied with an individual provided under this contract, the
University shall give written notice to the Contractor of such fact and the reason(s) therefore. If the
problem cannot be resolved to the satisfaction of the University, the Contractor shall replace the
individual.
11. INSURANCE
11.1 The Contractor shall understand and agree that the University cannot save and hold harmless and/or
indemnify the Contractor or employees against any liability incurred or arising as a result of any activity
of the Contractor or any activity of the Contractor's employees related to the Contractor's performance
under the contract.
11.2 Therefore, the Contractor must acquire and maintain adequate liability insurance sufficient to protect the
University, its agencies, its employees, its clients and the general public against any such loss, damage
and/or expense. The insurance coverage shall include general liability and appropriate professional
liability. The Contractor shall provide written evidence of the insurance to the University within thirty
(30) days after the contract award. The evidence of insurance shall include, but shall not necessarily be
limited to: effective dates of coverage, limits of liability, insurer's names; policy numbers, endorsement
by representatives of the insurance company, etc. Evidence of self-insurance coverage or of another
alternative risk financing mechanism may be utilized provided that such coverage is verifiable and
irrevocably reliable. In the event the insurance coverage is canceled, the Procurement Office must be
notified immediately.
12. INDEMNIFICATION
12.1 Each party shall be responsible for damages that result from its wrongful acts or omissions, or each
respective party’s employees, agents, and/or representatives due to neglect or wrongful acts or omissions
occurring during or arising out of the performance of duties and obligations agreed to herein. By so
agreeing, the University is not waiving its sovereign immunity as provided by Section 537.600, RSMo,
nor is it waiving any of the protection afforded it as a quasi-public body of the State of Missouri. Rather,
the University agrees to be responsible hereunder only to the extent that it would otherwise be liable
under the provisions of Section 537.600, RSMo.
12.2 In the event of legal actions or claims arising out of this contract against the University, the Board of
Governors, or its employees or agents, the Contractor will share the cost of litigation, defense, judgment
or settlement on a 50/50 basis with the University. The University shall reserve the right to engage legal
counsel and determine whether settlement or defense of litigation is appropriate. This section is not
withstanding worker’s compensation claims.
12.3 If allegations of wrongdoing are alleged against the University, the Board of Governors, or its employees
which in fact are solely attributable to the Contractor or were solely the fault of the Contractor, the
Contractor will indemnify and reimburse the University for all legal costs and expenses incurred by the
University in extricating itself from the legal action or claim.
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13. PRECEDENCE
13.1 In the event of a conflict between this document and the terms and conditions of any Contractor
agreement, contract, proposal or any other legally binding document the terms and conditions of this
document shall govern.
14. VENDOR NO TAX DUE CERTIFICATION
14.1 In accordance with Section 34.040.6, RSMo, the University is precluded from contracting with a vendor
or its affiliate who makes sales at retail of tangible personal property or for the purpose of storage, use or
consumption in this state but fails to collect and properly pay the tax as provided in Section 144, RSMo.
15. BANKRUPTCY OR INSOLVENCY:
15.1 Upon filing for any bankruptcy or insolvency proceeding by or against the Contractor, whether voluntary
or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the
Contractor must notify the Procurement Office.
15.2 Upon learning of any such actions, the Procurement Office reserves the right, at its sole discretion, to
either cancel the contract or affirm the contract and hold the Contractor responsible for damages.
16. AUTHORIZED PERSONNEL:
16.1 The Contractor understands and agrees that by signing the RFP, they certify the following:
16.1.1 The Contractor shall only utilize personnel authorized to work in the United States in accordance
with applicable federal and state laws. This includes but is not limited to the Illegal Immigration
Reform and Immigrant Responsibility Act (IIRIRA) and INA Section 274A.
16.1.2 If the Contractor is found to be in violation of this requirement or the applicable laws of the state,
federal and local laws regulations, and if the University has reasonable cause to believe that the
contractor has knowingly employed individuals who are not eligible to work in the United States,
the University shall have the right to cancel the contract immediately without penalty or recourse
and suspend or debar the contractor from doing business with the University.
16.1.3 The Contractor agrees to fully cooperate with any audit or investigation from federal, state or
local law enforcement agencies.
16.1.4 The Contractor should renew their Affidavit of Work Authorization annually.
17. NON-DISCRIMINATION IN EMPLOYMENT:
17.1 The Contractor and his subcontractors will not discriminate based on affected group status unless with
respect to sex, age, or handicapped status such restrictions relate to the bona fide occupational
qualifications. Specifically, the Contractor and his subcontractors shall not discriminate:
17.1.1 Against recipients of service on the basis of race, color, religion, national origin, sex, handicap or
age.
17.1.2 Against any employee or applicant, for employment on the basis of race, color, religion, national
origin, sex or otherwise qualified handicapped status.
17.1.3 Against any applicant for employment or employee on the basis of age, where such applicant or
employee is between ages 40 and 70 and where such contractor employs at least 20 persons.
17.1.4 Against any applicant for employment or employee on the basis of that person's status as a
disabled or Vietnam-era veteran.
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17.2 The Contractor and subcontractors will take affirmative action to insure applicants are employed and
employees are treated fairly during employment without regard to the above considerations. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion and transfer;
recruitment or recruitment advertising; and selection for training, including apprenticeship. The
Contractor and Subcontractors will give written notice of their commitments under this clause to any
labor union with which they have bargaining or other agreements.
17.3 The Contractor and his subcontractors shall develop, implement, maintain and submit in writing to the
Owner an affirmative action program if at least fifty (50) persons in the aggregate are employed under
this contract. If less than fifty (50) persons in the aggregate are to be employed under this contract, the
Contractor shall submit, in lieu of the written affirmative action program, a properly executed Affidavit
for Affirmative Action. The Affidavit for Affirmative Action will be provided to the Contractor upon
award of contract. For the purpose of this section, an "affirmative action program" means positive action
to influence all employment practices (including, but not limited to, recruiting, hiring, promoting and
training) in providing equal employment opportunity regardless of race, color, sex, national origin,
religion, age (where the person affected is between age 40 and 70), disabled and Vietnam-era veteran
status, and handicapped otherwise qualified status. Such "affirmative action program" shall include:
17.3.1 A written policy statement committing the total organization to affirmative action and assigning
management responsibilities and procedures for evaluation and dissemination;
17.3.2 The identification of a person designated to handle affirmative action;
17.3.3 The establishment of non-discriminatory selection standards, objective measures to analyze
recruitment, an upward mobility system, a wage and salary structure, and standards applicable to
lay-off, recall, discharge, demotion and discipline;
17.3.4 The exclusion of discrimination from all collective bargaining agreements; and
17.3.5 Performance of an internal audit of the reporting system to monitor execution and to provide for
future planning.
17.3.6 In the enforcement of this non-discrimination clause, the Owner may use any reasonable
procedures available, including, but not limited to: requests, reports, site visits and inspection of
relevant documents of contractors and subcontractors.
17.3.7 In the event of the Contractor's or a Subcontractor's noncompliance with any provisions of this
section of the contract, the Owner may cancel this contract in whole or in part or require the
Contractor to terminate his contract with the subcontractor.
18. AMERICANS WITH DISABILITIES ACT:
18.1 In connection with the furnishing of goods and services under the contract, the Contractor and
Contractor's subcontractor shall comply with all applicable requirements and provisions of the Americans
with Disabilities Act (ADA).
19. LIABILITIES:
19.1 The Contractor shall agree that the University shall not be responsible for any liability incurred by the
Contractor or the Contractor’s employees arising out of the ownership, selection, possession, leasing,
rental, operation, control, use, maintenance, delivery, return, and/or installation of equipment provided by
the Contractor, except as otherwise provided in the contract.
19.2 The Contractor shall be responsible for any and all injury or damage as a result of the Contractor’s
negligence involving any equipment or service provided under the terms and conditions of the contract.
In addition to the liability imposed upon the Contractor on account of personal injury, bodily injury
22
(including death), or property damage suffered as a result of the Contractor’s negligence, the Contractor
assumes the obligation to save the University, including its employees and assigns from every expense,
liability, or payment arising out of such negligent act. The contractor also agrees to hold the University,
including its employees and assigns, harmless for any negligent act or omission committed by any
subcontractor or other person employed by or under the supervision of the Contractor under the terms of
the contract.
19.2.1 However, the Contractor shall not be responsible for any injury or damage occurring as a result of
any negligent act or omission committed by the University, including its agencies, employees,
and assigns.
20. CANCELLATION FOR BREACH:
20.1 The University may cancel the contract at any time for material breach of contractual obligations by
providing the contractor with written notice of such cancellation. Prior to issuing such a notice, the
University will, if appropriate, provide the contractor with an opportunity to cure the breach within thirty
(30) days after notification. Should the University exercise its right to cancel the contract for such
reasons, the cancellation shall become effective on the date as specified in the notice of cancellation sent
to the contractor.
21. TERMINATION FOR CONVENIENCE
21.1 The University may terminate the contract or any portion of the work without cause at any time, and at
the University’s convenience. The University will provide any such notification of a termination to the
Contractor in writing. Upon receipt of the notification, the Contractor shall:
21.1.1 Cease operations when directed.
21.1.2 Take actions to protect the work and any stored materials.
21.1.3 Place no further subcontracts or orders for material, supplies, services or facilities except as may
be necessary to complete the portion of the contract that has not been terminated. No claim for
payment of materials or supplies ordered after the termination date shall be considered.
21.1.4 Terminate all existing subcontracts, rentals, material, and equipment orders.
21.1.5 Settle all outstanding liabilities arising from termination with subcontractors and suppliers.
21.1.6 Transfer title and deliver to the University, work in progress, completed work, supplies and other
material produced or acquired for the work terminated, and completed or partially completed
plans, drawing information and other property that, if the contract had been completed, would be
required to be furnished to the University.
21.2 For termination without cause and at the University’s convenience, in addition to payment for work
completed prior to date of termination, the Contractor may be entitled to payment of other documented
costs directly associated with the early termination of the contract. Payment for anticipated profit and
unapplied overhead will not be allowed.
END OF PART THREE
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PART FOUR
SCOPE OF SERVICES
1. GENERAL REQUIREMENTS
1.1 For the purposes of Part Four – Scope of Services, the Contractor shall be referred to as the Contractor
and the University shall be referred to as the Owner.
1.2 Contractor Selection: For each project, the Owner shall first attempt to obtain an agreement for services
with the primary Contractor. If the Owner is unable to obtain a satisfactory agreement with the primary
Contractor, the contractor shall attempt to obtain an agreement for services with the secondary Contractor.
If the Owner is unable to obtain a satisfactory agreement with the secondary Contractor, the contractor
shall attempt to obtain an agreement for services with the tertiary Contractor.
1.3 The Contractor shall provide miscellaneous architectural, engineering, and other technical support
services in support of the university campus, facilities, grounds, and infrastructure on an, indefinite
quantity basis, as requested by the Owner in accordance with the terms of the contract. The contract shall
be non-exclusive and the Owner reserves the right to contract with other firms outside of the contract for
architectural, engineering, and other technical services when determined by the Owner to be in its best
interest. Project types include, but are not limited to, assessments, studies, new construction, renovation,
repair, and minor construction performed. The Contractor shall have the knowledge, ability, skills, and
resources to provide services in accordance with the terms and requirements of the contract. As requested
by the Owner, the Contractor shall provide, but not be limited to, the following:
1.3.1 Project Administration Services.
a. Program Management
b. Management and Administration
c. Owner Consultant Coordination
d. Project Presentation
e. Special Presentation
f. Evaluation of Project Budget
g. Schedule Development and Monitoring
h. Preliminary Estimate of Cost of the Work
i. Detailed Estimate of Cost of the Work
j. Owner Supplied Data Coordination
k. Value Analysis
1.3.2 Planning & Evaluation Services.
a. Programming Space Schematic and Flow Diagrams
b. Existing Facilities Surveys/Assessments
c. Economic Feasibility Studies
d. Marketing Studies
e. Project Financing
f. Site Analysis and Selection
g. Site Development Planning
h. Detailed Site Utilization Studies
i. On-Site Utility Studies
j. Off-Site utility Studies
k. Environmental Studies and Reports
l. Energy Studies and Reports
m. Zoning Processing Assistance
n. Geotechnical Engineering
o. Site Surveying
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1.3.3 Design Services.
a. Architectural Design
b. Structural Design
c. Mechanical Design
d. Electrical Design
e. Civil Design
f. Interior Design
g. Landscape Design
h. Graphic/Way finding Design
i. Special Design
j. Material Research and Specifications
k. Special Furnishing Design
l. LEED Consultation
1.3.4 Construction Procurement Services.
a. Bidding/Proposal Documents
b. Reproduction & Distribution of Bidding/Proposal Documents
c. Special Bidding/Negotiation Addenda
d. Analysis of Alternatives/Substitutions
e. Pre-Bid Conference/Selection Interviews
f. Bidding/Negotiations
g. Bid/Proposal Evaluation
h. Contract Award
i. Report of Bidding/Negotiation Results
1.3.5 Contract Administration Services.
a. General Administration
b. Submittal Services
c. Site Visitation
d. On-Site Project Representation
e. Payment Certification
f. Administration of Testing and Inspection
g. Supplemental Documentation
h. Administration of Changes in the Work
i. Interpretation and Decisions
j. Project Close-Out
k. Construction Management
1.3.6 Facility Operation Services.
a. Maintenance and Operational Programming
b. Start-Up/Commissioning Assistance
c. Record Drawings
d. Warranty Review
e. Facility Operations and Performance Meeting
f. Post Contract Evaluation
2. PROJECT SCOPE OF WORK DEVELOPMENT AND REQUEST FOR PROPOSAL
REQUIREMENTS
2.1 Project Scope: The Owner and the Contractor shall mutually agree, in writing, on the specific scope of
work for each project.
2.2 Project Request for Proposal: Upon mutual agreement of the scope of work for the project, the Owner
shall prepare a Project Request for Proposal (“Project RFP”) identifying the project and describing, in
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general, the required scope of the project, the preliminary cost estimate and schedule for the project, and
the basic services to be provided by the Contractor for the project.
2.3 Project Proposal: In response to a Project RFP, the Contractor shall provide Owner with a written
Project Proposal. The Contractor shall include the following in the Project Proposal:
2.3.1 A narrative description of Contractor’s understanding of the project scope of work.
2.3.2 A detailed statement of the basic and additional services anticipated for the project, including a
list of deliverables.
2.3.3 A description of particular phases of the scope of the work, if applicable;
2.3.4 A Fee Proposal detailing:
a. The total fee for providing the basic services expressed as a “Not to Exceed” amount.
b. The total fee for providing additional services expressed as a “Not to Exceed” amount.
c. The total anticipated amount for reimbursable expenses.
2.3.5 A proposed date to commence the work.
2.3.6 A list of all consultants, persons and firms that Contractor proposes to use in the performance of
Contractor’s scope of work.
2.3.7 A schedule of hourly billing rates for any consultants that Contractor proposes to use in the
performance of Contractor’s scope of work.
2.3.8 Any qualifications or conditions applicable to the Project Proposal.
2.4 Project Proposal Review: The Owner and the Contractor shall review Contractor’s Project Proposal and
negotiate any changes, clarifications, or modifications thereto. The Contractor shall submit a revised
Project Proposal incorporating any changes, clarifications, or modifications made in the review process.
The Owner may accept, reject, or seek modification of any Project Proposal.
2.5 Notice to Proceed: Upon approval of a Project Proposal by the Owner, the Owner shall issue a written
Notice to Proceed to the Contractor. The Notice to Proceed authorizes the Contractor to begin the work
identified in the Project Proposal on the date specified in the Notice to Proceed. The Notice to Proceed
shall include a Purchase Order number specific to the project.
3. CONTRACTOR’S GENERAL SERVICES AND RESPONSIBILITIES
3.1 Project Management: The Contractor shall manage the Contractor’s services and administer any project
authorized pursuant to the contract. The Contractor shall provide and/or coordinate the basic services
necessary and reasonably inferable for the complete performance of any project authorized pursuant to the
contract.
3.2 Standard of Care: The Contractor agrees to use its best professional efforts, skill, judgment, and
abilities to perform the Contractor's services in an expeditious and timely manner as is consistent with
professional standards of care and the orderly progress of any project authorized pursuant to the contract.
The Contractor shall provide a sufficient number of qualified personnel to accomplish the Contractor's
services within the time limits set forth in the schedule specified in the awarded Project Proposal.
3.3 Compliance with Laws: The Contractor shall perform the Contractor's Services in compliance with all
applicable national, federal, state, municipal, or other applicable entity having laws, regulations, codes,
ordinances, orders and with those of any other body having jurisdiction over the Project.
3.4 Existing Conditions: The Contractor shall use reasonable efforts to verify the accuracy and suitability of
any drawings, plans, sketches, instructions, information, requirements, procedures, requests for action,
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and other data supplied to the Contractor by the Owner, or any other party that Contractor uses for the
Project.
3.5 Correction of Work: The Contractor's services shall be reasonably accurate and free from material
errors or omissions. Upon notice, the Contractor shall promptly correct any known or discovered error,
omission, or other defect without any additional cost or expense to the Owner.
3.6 Phasing: The Contractor shall not proceed beyond any previously authorized phase of the work for a
project unless authorized by the Owner in writing.
3.7 Representative: The Contractor shall designate a representative primarily responsible for the
Contractor's services under the contract. The designated representative shall act on behalf of the
Contractor with respect to all phases of the Contractor's services and shall be available as required for the
benefit of any project and the Owner. The designated representative shall not be changed without prior
approval of the Owner, whose approval shall not be unreasonably withheld.
3.8 Documentation: The Contractor shall fully document its project activities in drawings, reports, or other
methods as appropriate to the scope of work and as identified in the Project Proposal. The Contractor
shall bear the cost of providing all plans, specifications, and other documents used by the Contractor and
its consultants.
4. OWNER’S RESPONSIBILITIES
4.1 Project Program: The Owner shall provide a Project RFP to the Contractor setting forth the Owner’s
description of the project scope; preliminary project budget; schedule; objectives, characteristics and
constraints; and a description of the basic services to be provided by the Contractor for the project.
4.2 Representative: The Owner designates the Office of Facilities Planning and Operations as its
representative authorized to act in the Owner's behalf with respect to the Project. The Owner designates the
Executive Director of Facilities Planning and Operations or his designee as its representative for the purpose
of administering this contract.
4.3 Special Information: The Owner shall furnish available property, boundary, easement, right-of-way,
topographic and utility surveys, plans and specifications, and special data and conditions relevant to the
project. The Owner shall furnish other special investigations of the project site as requested by the
Contractor and as reasonably necessary for the project. The Contractor shall exercise reasonable care in
relying upon this information in the performance of its services under the contract. The Owner makes no
warranties or representations as to the accuracy or suitability of information provided to the Contractor by
the Owner or by others.
4.4 Entry on Land: The Owner shall assist the Contractor in gaining entry to University owned or
controlled property as necessary for the Contractor to perform its services under the contract.
4.5 Administrative Services: The Owner shall furnish all legal, accounting, auditing, and insurance counseling
services that the Owner requires for the project.
4.6 Review of Work: The Owner will review the Contractor's documents at the completion of each stage of
development as described in the Project Proposal. The Owner’s review comments or decisions regarding
the documents will be furnished to the Contractor in a reasonably prompt manner. The Owner will notify
the Contractor in writing of any material error or omission or other defect in the project or any conflict in
the contract documents that the Owner becomes aware of, but Owner shall have no obligation or duty to
investigate whether such faults, defects, or conflicts exist.
4.7 Time for Response: The Owner shall furnish required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the Contractor's services.
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5. ACCEPTANCE OF WORK
5.1 Owner's Satisfaction: All work performed under the contract shall be completed to the satisfaction of
the Owner’s representative assigned to the project.
5.2 Correction of Work: Should the Contractor’s services not conform to the requirements of the contract
and the Project Proposal as determined by the Owner’s representative, the Owner may order the
Contractor to re-perform such services at no additional expense to the Owner.
5.3 Liability: The Owner’s approval or acceptance of Contractor's services will not release the Contractor
from any liability for such services because the Owner is, at all times, relying upon Contractor's skill and
knowledge in performing the Contractor's services.
6. INVOICING REQUIREMENTS
6.1 Monthly Invoices: For each project, the Contractor shall submit a monthly record or invoice of services
performed under the contract identifying all fees earned and reimbursable expenses incurred in the
previous month. The Contractor shall submit the invoices in a format approved by the Owner and such
invoice must contain the following information at a minimum:
6.1.1 Indicate “Partial Billing” or “Final Billing” on the invoice.
6.1.2 Project Name and Purchase Order Number.
6.1.3 Owner Agreement Number.
6.1.4 Contractor’s Tax Identification Number.
6.1.5 Name of Contractor’s Project Manager.
6.1.6 Identification of billing period, by calendar month, to which the invoice applies.
6.1.7 Itemized description of services provided including the names, billing rates, and amount of time
per task expended by all persons who performed services on the project during the billing period.
6.1.8 Completion status of the project by percentage.
6.1.9 Total amount of invoice.
6.1.10 Total amount of prior invoices for the project and the maximum project sum.
6.1.11 Copy of all receipts in support of any reimbursable expenses invoiced.
6.2 Maximum Project Sum: It is the responsibility of Contractor not to provide services or submit invoices
that exceed the maximum project sum. Services provided and/or expenses incurred that exceed the
maximum contract sum without Owner's written consent will be at the Contractor's financial risk and the
Owner shall not be obligated to pay for any such services or expenses.
6.3 Prompt Payment: The Owners shall make payment of invoices within thirty (30) days of the Owner’s
approval of the invoice.
6.4 Invoice Submittal: Invoices shall be submitted to:
Procurement and Materials Management Office
Southeast Complex, Building A, Room 116
415 East Clark Street
Warrensburg, MO 64093
Fax: (660) 543-8345
6.5 Exceptions to Payment: Regardless of any other provision of the contract, the Owner shall not be
obligated to make any payment requested by the Contractor under the contract if any of the following
conditions exist:
6.5.1 The Contractor is in breach or default under the contract.
6.5.2 The requested payment includes services not performed in accordance with the contract.
6.5.3 The Contractor has failed to make payments promptly to consultants or other third parties used in
connection with the services for which the Owner has made payment to Contractor.
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6.5.4 The Contractor becomes insolvent, makes a general assignment of its rights or obligations for the
benefit of its creditors, or voluntarily or involuntarily files for protection under the bankruptcy
laws.
6.5.5 If the Owner, in its good faith judgment, determines that the balance of unpaid compensation is
insufficient to complete the services required under the contract.
6.6 Partial Payment: No partial payment by the Owner shall constitute or be construed as final acceptance
or approval of any services or as a release of any of the Contractor's obligations or liabilities with respect
to such services.
6.7 Subcontractor Payment: The Contractor shall promptly pay all bills for labor and material performed
and furnished by others in connection with the performance of the services.
6.8 Final Payment and Release: The acceptance by the Contractor of final payment for a an individual
project shall constitute a full and complete release of the Owner from any and all claims, demands, and
causes of action whatsoever that the Contractor or the Contractor's successors have or may have against
the Owner pursuant to the individual project except those claims specifically identified in writing by the
Contractor as unsettled at the time of the final request for payment.
7. COMPENSATION FOR SERVICES RENDERED
7.1 Owner’s Approval Required: The Owner agrees to pay Contractor for those services that were
rendered at Owner's specific request in writing.
7.2 Scheduled Billing Rates: Incorporated into the contract as Exhibit B is the Contractor’s Schedule of
Billing Rates, including hourly billing rates and/or per service billing rates as applicable. The Schedule
Billing Rates include all costs for any identified services and the Contractor shall not be entitled to any
additional compensation for providing those services. The Schedule of Billing Rates shall remain in full
force and effect for the term of the contract, including all renewal periods.
7.3 Basic Service: For Basic Services rendered in connection with any project authorized pursuant to the
contract, the Contractor shall be compensated on an hourly rate basis or on a per-service fee basis in
accordance with Contractor’s Project Proposal, up to the maximum “Not to Exceed” amount approved in
the Contractor’s Project Proposal.
7.4 Additional Services: Additional Services shall be provided only if authorized or confirmed in writing by
the Owner. For approved Additional Services provided in connection with any project authorized by the
contract, the Contractor shall be compensated on an hourly rate basis or on a per-service fee basis in
accordance with the Contractor’s Additional Services Proposal, up to the maximum “Not to Exceed”
amount approved in Contractor’s Additional Services Proposal.
7.5 Consultant and Subcontractor Costs: Unless approved in advance by the Owner, the Contractor shall
pay for all consultant and subcontractor services and costs associated with his services under the contract,
whether basic services or additional services, out of the Contractor’s fees. The Owner is not responsible
for any such consultant or subcontractor fees or costs unless otherwise agreed to in writing.
8. REIMBURSABLE EXPENSES
8.1 Reimbursable Expenses: Reimbursable Expenses are in addition to compensation for basic and
additional services. The Contractor shall be compensated in accordance with Reimbursable Expenses
Proposal, up to the maximum “Not to Exceed” amount approved in Contractor’s Reimbursable Expenses
Proposal. Reimbursable Expenses recoverable by the Contractor under the contract are limited to the
following:
8.1.1 Expenses in connection with out-of-state travel, including coach class air fare and reasonable
living expenses, as directed and approved in advance and in writing by the Owner.
8.1.2 Expenses in connection with in-state travel, including reasonable travel and living expenses, for
the Contractor’s employees and consultants when a project is located more than fifty (50) miles
29
from the place where the Contractor’s employees and consultants are usually and customarily
assigned, but only as directed and approved in advance and in writing by Owner.
8.1.3 Fees paid for securing approval of authorities having jurisdiction over any particular project.
8.1.4 Expenses of reproductions, printing, collating, postage, and handling of Drawings, Specifications,
Reports, and other documents or other project related work product, but excluding plotting costs
of drawings, reproductions for the use of Contractor and Contractor’s consultants, and up to three
(3) review sets as necessary for progressive reviews by the Owner in accordance with the Project
Proposal.
8.1.5 Communication expenses such as long distance telephone, facsimile transmissions, express
charges, and postage that are directly attributable to the project.
8.1.6 Reasonable costs for rental or use of special equipment, tools, and electronic data processing
equipment required in connection with the project if approved in advance and in writing by the
Owner.
8.1.7 Expense of any additional insurance coverage or limits, requested by the Owner excluding
professional liability and errors and omissions insurance required under Basic Services of the
contract that exceed those normally carried by the Contractor and the Contractor’s consultants.
8.2 Compensation for Reimbursable Expenses: The Contractor shall be compensated for the actual, out-
of-pocket, reasonable costs for all approved Reimbursable Expenses that are incurred solely and directly
in connection with the performance of the Contractor’s services and duties under the contract or in the
interest of any particular project.
8.3 Proposal Costs Not Recoverable: The Contractor is solely responsible for any expenses or costs,
including expenditures of time, incurred by the Contractor and its employees and consultants in the
development of Project Proposals or Additional Services Proposals. Such expenses or costs are not
Reimbursable Expenses.
END OF PART FOUR
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PART FIVE
PROPOSAL SUBMISSION INFORMATION
1. SUBMISSION OF PROPOSALS:
1.1 Proposals must be signed, sealed, and returned (with all necessary attachments) to the Procurement Office
by the proposal receipt date and time specified on the first page of the RFP.
1.1.1 Specifically, any form containing a signature line must be manually signed and returned as part of
the Proposal.
1.1.2 In addition to the original proposal, the offeror should include five (5) copies of the proposal for a
grand total of six (6), one (1) original plus five (5) copies.
1.1.3 The offeror shall not submit a proposal by fax machine because only sealed proposals are
acceptable in response to this RFP.
1.2 To facilitate the evaluation process, the offeror is encouraged to organize their proposal into sections that
correspond with the individual evaluation categories described herein. The offeror is cautioned that it is
the offeror’s sole responsibility to submit information related to the evaluation categories and that the
University is under no obligation to solicit such information if it is not included with the proposal. The
offeror’s failure to submit such information may cause an adverse impact on the evaluation of the
proposal.
1.2.1 The offeror should provide documentation to support the qualifications of the offeror as specified
in Part Five, Section 4, EVALUATION CRITERIA.
1.2.2 The proposal should be page numbered.
1.2.3 The offeror must complete each exhibit and return such with the sealed proposal.
a. Exhibit A – MBE/WBE Participation and Agreement to RFP requirements.
b. Exhibit B – Affidavit for Work Authorization: RSMo 285.525 and 285.530 require
business entities to enroll and participate in a federal work authorization program in order
to be eligible to receive award of any state contract in excess of $5,000. Offerors should
submit with their bid an Affidavit of Work Authorization along with appropriate
documentation evidencing such enrollment and participation. One form of appropriate
documentation, the E-Verify Memorandum of Understanding, is located at
http://www.dhs.gov/files/programs/gc_1185221678150.shtm. Submittal of the affidavit
form and appropriate documentation is required before the award of any contract.
c. Exhibit C – Affidavit for Affirmative Action.
1.3 The offeror shall limit the offeror’s proposal to seventy-five (75) pages.
2. CLARIFICATION OF REQUIREMENTS:
2.1 Any and all questions regarding specifications, requirements, competitive procurement process, etc., must
be directed to the Buyer of Record as indicated on the first page of this RFP.
2.2 Offerors should not to contact any other employees of the University concerning this procurement during
the competitive procurement and evaluation processes.
2.3 The offeror is advised that the only official position of the University is that position which is stated in
writing and issued by the Procurement Office as a Request for Proposal and any amendments thereto. No
other means of communication, whether oral or written, shall be construed as a formal or official response
or statement.
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3. EVALUATION PROCESS:
3.1 After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal,
the comparative assessment of the relative benefits and deficiencies of the proposal in relationship to the
published evaluation criteria shall be made by using subjective judgment. The award of the contracts
resulting from this Request for Proposal shall be based on the most qualified proposals received in
accordance with the evaluation criteria specified elsewhere herein.
3.1.1 Pursuant to Section 8.291, RSMo, the University anticipates awarding primary, secondary, and
tertiary contracts. Pursuant to Section 8.285, after the University selects the three offerors to be
awarded contracts, the offeror with the highest evaluation score shall provide the University with
fair and reasonable prices for the E/A services. Therefore the highest scoring offeror shall
provide a Schedule of Billing rates. The Schedule of Billing rates submitted by the offeror shall
become contractually binding and shall be incorporated into the contract as Exhibit B.
a. In the event that only one proposal is received in response to this Request for Proposal,
the Procurement Office reserves the right to negotiate the terms and conditions, including
the price, as proposed in the sole proposal. In addition, as part of such negotiations, the
Procurement Office reserves the right to require supporting cost, pricing, and other data
from the offeror in order to determine the reasonableness and acceptability of the
proposal.
3.2 After an initial screening process, a technical question and answer conference or interview may be
conducted, if deemed necessary by the University, to clarify or verify the offeror's proposal and to
develop a comprehensive assessment of the proposal.
3.3 The University reserves the right to consider historic information and fact, whether gained from the
offeror's proposal, questions and answer conferences, references, or any other source, in the evaluation
process.
4. EVALUATION CRITERIA:
4.1 The following criteria shall be used to evaluate the qualifications of the offeror:
4.1.1 Category One: The specialized experience and technical competence of the offeror with respect
to the type of services required……………………50 points
4.1.2 Category Two: The capacity and capability of the offeror to perform the work in question,
including specialized services, within the time limitations fixed for the completion of the
project……….25 points
4.1.3 Category Three: The past record of performances of the offeror with respect to such factors as
control of costs, quality of work, and ability to meet schedules……….15 points
4.1.4 Category Four: The offeror’s proximity to and familiarity with the area in which the project is
located……….10 points
4.2 Although many types of services may be required through the contract, the offeror should focus the
offeror’s proposal on the core areas of the RFP which include architectural, mechanical, electrical,
plumbing, civil, and structural design.
5. CONTRACT AWARD:
5.1 Any award of a contract resulting from this RFP will be made only by written authorization from the
Procurement Office.
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5.2 The University reserves the right to reject any and all proposals received In response to this RFP and to
waive any minor irregularity or informality.
END OF PART FIVE
33
The University reserves the right to reject any or all proposals and to waive informalities. Proposals
shall remain valid for one hundred twenty (120) days after openings.
The contractor certifies, by submitting this bid or proposal, that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction (contract) by any governmental department or agency.
Signature
By signing this proposal, the offeror signifies agreement with and acceptance of all the terms, conditions
and specifications shown in this RFP, signifies that this is an accurate estimate for providing the
requested services, and agrees to hold prices firm as required in the RFP. The person signing below
represents and warrants that he/she has authority to bind his/her company.
Please complete all the information requested below:
I (We) received ________ Addendum(s) {Fill in number(s) received, if none, write none.}
Company name: __________________________________________________________________
Address: ___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
Telephone number: ___________________________________________________________________
Email: ____________________________________________________________________
Fax number: ____________________________________________________________________
Signature: ____________________________________________________________________
Typed or printed name of individual signing proposal: ________________________________________
Date: ______________________________________________________________________
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PART SIX
EXHIBIT A
MBE/WBE PARTICIPATION
MBE/WBE PERCENTAGE OF PARTICIPATION: MBE_____% WBE_____ %
35
EXHIBIT B
AFFIDAVIT OF WORK AUTHORIZATION
Comes now ____________________________________ as _________________________ first being duly (Contractor Representative Name) (Title)
sworn on my oath, affirm ________________________________________ is enrolled and will continue to
(Company Name)
participate in a federal work authorization program in respect to employees that will work in connection with
the services related to the University of Central Missouri for the duration of the contract, if awarded in
accordance with RSMo Chapter 285.530 (2).
I also affirm that_____________________________________ shall only use personnel who are authorized to work in the United States in accordance with applicable federal and state laws with the contracted services related to the University of Central Missouri for the duration of the contract, if awarded.
In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that
false statements made in this filing are subject to the penalties provided under Section 575.040,
RSMo).
Signature (person with authority) Printed Name
Title Date
Subscribed and sworn to before me this _____________________ of _________________________. I am (Day) (Month, Year)
commissioned as a notary public within the County of ____________________________________, State of
(Name of County)
________________________________, and my commission expires on _________________________.
(Name of State) (Date)
_________________________________________ __________________________________________
(Signature of Notary) (Date)
FEDERAL WORK AUTHORIZATION PROGRAM
E-Verify is a federal work authorization program. Information regarding E-Verify is available at http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm. A copy of the E-Verify Memorandum of Understanding (MOU) can be viewed at http://www.uscis.gov/files/nativedocuments/MOU.pdf.
36
EXHIBIT C
AFFIDAVIT FOR AFFIRMATIVE ACTION State of Missouri )
) ss. County of
)
first being duly sworn on his/her oath states: that he/she is the (sole proprietor, partner or officer) of a (sole proprietorship, partnership or
corporation), and as such ( sole proprietor, partner or officer) is duly authorized to make this affidavit on
behalf of said (sole proprietorship, partnership or corporation); that under the contract known as "
" Project (Bid) Number less than 50 persons in the aggregate
will be employed and therefore, the applicable Affirmative Action requirements as set forth in the General
Conditions of the University of Central Missouri have been met.
Subscribed and sworn to before me this day of ___________, 20__
My commission expires , 20__
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EXHIBIT D
VENDOR NO TAX DUE CERTIFICATION
In order for the University to be able to consider your responses to this solicitation, you must verify that you are
either registered to collect sales and/or use tax in Missouri, or you are not making retail sales of tangible
personal property or providing taxable services in Missouri. You can provide this verification by submitting an
official “Vendor No Tax Due” certificate issued by the Missouri Department of Revenue. The Department of
Revenue will issue the “Vendor No Tax Due” certificate if you are properly registered to collect and have
properly remitted sales and/or use tax, or if you are not making retail sales in Missouri. Once the “Vendor No
Tax Due” certificate is issued, submit it to my attention at the address noted above. (The certificate may also be
faxed to my attention at 660-543-8345). If you do not provide the “Vendor No Tax Due” certificate and/or
maintain a compliant tax status, it may render your company unacceptable for further consideration for
University of Central Missouri contracts.
You may obtain a “Vendor No Tax Due” certificate by contacting the Missouri Department of Revenue.
Theattached document provides information on how to obtain the “Vendor No Tax Due” certificate. Additional
information regarding section 34.040.6, RSMo, is available on the Department of Revenue’s website at
http://www.dor.mo.gov/tax/business/sales/hb600.htm. Make sure you request a “Vendor No Tax Due”
certificate as there are other similar tax clearance forms that do not meet this verification requirement.
If you are not already registered as a vendor with the State of Missouri, you are encouraged to register on the
state’s On-Line Bidding/Vendor Registration System website (https:www.moolb.mo.gov). Instructions for
registering on this website are available on the Home page of the website.
Thank you for your attention to this urgent matter.
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How To Obtain A Certificate Of Vendor No Tax Due
A “Vendor No Tax Due” certificate can be obtained from the Missouri Department of Revenue when a business
pays all of its sales/use tax in full, up to date, does not have a sales tax delinquency or does not sell tangible
personal property at retail in Missouri.
If taxes are due, depending on the payment history of the business, a cashier’s check or money order may be
required for payment before a certificate of vendor no tax due can be issued.
A “Vendor No Tax Due” certificate can be obtained by completing and submitting the Request For Tax
Clearance, Form 943, to the Missouri Department of Revenue, Division of Taxation & Collection. This form is
available at http://dor.mo.gov/forms/943.pdf. Make sure you check item 4 in the Reason For Request section
and complete page 2.
For assistance, you may call (573) 751-9268 or e-mail [email protected].
END OF PART SIX
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