METROPOLITAN COMMUNITY COLLEGE Blue River, Business & Technology, Longview, Maple Woods, Penn Valley 3200 Broadway Kansas City, MO 64111 REQUEST FOR QUALIFICATIONS #15-7105-C1R2 PROFESSIONAL ENGINEERING SERVICES
Metropolitan Community College (MCC) a public community college district and political subdivision of the State of Missouri, in Kansas City, MO annually solicits statements of qualifications from engineering firms for professional engineering services for various projects on a non-exclusive arrangement.
Whenever a project requiring engineering services is being considered, MCC shall evaluate current statements of qualification and select three firms to consider as provided in Sections 8.285-8.291, RSMo. We could select three firms in each of the areas listed below. Please indicate the category of expertise to be considered.
1. Services can include, but are not limited to, Civil and Structural Engineering. 2. Services can include, but are not limited to, Mechanical, Electrical and Plumbing Engineering. 3. Services can include, but are not limited to, Environmental, Geo-technical, Construction Material Testing and Building Special Inspections Engineering
Profile of Metropolitan Community College
MCC began in 1915 as the Kansas City Polytechnic Institute and enrolled 125 students the first semester. Today, MCC is the largest higher education institution in the metropolitan area. MCC has five campuses – Blue River, Longview, Maple Woods, Penn Valley and Business & Technology – that serve 37,000 students annually through credit and non-credit courses and business services. More information about MCC can be found at www.mcckc.edu.
MCC is a comprehensive community college committed to serving the current and emerging needs of the residents of the Kansas City area for higher academic education, technical/vocational education and lifelong learning. MCC is considered a leader among community colleges and would like to develop a relationship with service providers that will enhance this status within the community.
General Instructions 1. The Purchasing Department of MCC is the issuing department for this document and all subsequent addenda relating to it. Your sealed proposal must be received no later than 11:00 am CDT, November 10, 2015. Proposals received after this deadline will be considered late and ineligible for consideration. No exceptions will be permitted. The envelope must be labeled RFQ #15-7105-C1R2, Professional Engineering Services. Please send one original plus one electronic copy of your proposal to Diane Pacheco, Purchasing Manager, Administrative Center, 3200 Broadway, Kansas City, Missouri 64111-2429. Hand delivered proposals must be logged in (indicating date and time received) with the public safety officer located in the lobby of the Administrative Center, 3200 Broadway, Kansas City, Missouri 64111-2429. The electronic copy may be emailed to: [email protected]. If you submitted a statement of qualifications in 2015 and wish MCC to consider your firm based on that statement, complete the Statement of Qualifications Proposal Signature Form on page 8. You may include any updates to your firm’s current personnel, qualifications and experiences. Previous statements of qualification will NOT automatically be considered. The Statement of Qualifications Proposal Signature Form must be filled out and submitted by the deadline.
2. Any exceptions taken to the terms, conditions, or specifications of the RFQ must be clearly noted in the proposal as follows: Exceptions to RFQ #15-7105-C1R2: Professional Engineering Services. If not so noted, then the firm expressly agrees to the terms, conditions and specifications of the RFQ in its entirety and any exception subsequent to the submittal of the proposal will be held invalid and/or cause for MCC to reject the proposal, in whole or in part, at the sole discretion of MCC.
3. To be considered “on record”, fill out and email the “Acknowledgement of Receipt” prior to the time noted above (page 12 of this document).
4. It is the responsibility of each firm to become familiar with the requirements of this RFQ. Lack of knowledge concerning the RFQ’s requirements will not relieve the firm of conditions submitted in response to the proposal.
5. In the event that it becomes necessary to revise this RFQ in whole or in part, an addendum will be provided to all firms on record as having received the RFQ. MCC strives to notify all prospective firms of any issued addenda. It is important to note, however, that it remains the responsibility of the respondent to determine if any addenda have been issued and to obtain those addenda prior to submitting their proposal. Complete the attached Acknowledgement of Receipt form and return to the Purchasing Department to receive these notifications.
6. A response to this RFQ must be dated and signed by an official authorized to bind the firm to its provisions. The response will be retained until MCC submits its next annual request for qualifications.
7. No communication will take place between suppliers and MCC during the RFQ process, except in writing. Questions regarding the RFQ should be emailed to [email protected] Purchasing must be received by, Noon October 30, 2015. Responses will be compiled and shared with all suppliers on record with interest in participating. To be considered “on record”, fill out and email the “Acknowledgement of Receipt” (last page of this document) prior to the time noted above.
8. MCC reserves the right to waive defects and informalities in proposals, to reject any or all proposals, or to accept any proposals as may be deemed in the best interest of MCC, in its sole discretion.
9. Any submission may be withdrawn at any time prior to the time specified herein for the opening of submissions, but no submission may be withdrawn for a period of ninety (90) days thereafter.
10. In all cases, only the written response shall be considered by MCC in making decisions as to any project which will require professional services. No verbal communication will override written communication and only written communications are binding.
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 2 11. MCC will not be liable for any costs that a firm may incur in the preparation of or presentation of the proposal.
12. MCC shall not be obligated to return the firm’s proposal once submitted, whether the proposal is withdrawn or not.
Response Format
In order to fairly, uniformly and thoroughly evaluate submitted responses in accordance with the evaluation criteria, MCC requests that the responses conform to the following:
1. Responses should not exceed ten (10) two-sided pages. Resumes of key owners/supervisors/employees may be attached as a Qualification Statement and shall include the professional credentials and experience of the firm’s employees who will work on MCC projects, indicating the role of each such individual. Required forms do not count towards the page limit.
2. Responses shall include the following completed forms: 1) M/WBE Participation Form, 2) Statement of Qualifications Proposal Signature Form, 3) Federal Work Authorization Program (“E-Verify”) Addendum, and 4) Federal Work Authorization Program Affidavit.
3. Describe the firm’s general work experience and areas of specialization, including those relating to facilities in higher education.
4. Enumerate the specialties and strengths of the firm and state why the firm should be selected to provide engineering services for MCC
5. Provide the number of employees by discipline and location.
6. Provide resumes of key personnel expected to be assigned to MCC projects.
7. Provide a list of subs (other engineers, architects, etc) that your firm commonly partners with and their area of discipline.
8. Describe the methods used for project management in the areas of cost, quality and schedule.
9. Provide proof of a current registered Missouri engineer’s license.
10. Describe circumstances and outcomes of any litigation (including complaints, violations, citations, license reprimands, probations, etc.) the firm has been involved in over the last five years.
11. Provide a minimum of three (3) client references, preferably multi-campus higher education institutions, which shall include name of organization, contact person’s name and title, telephone number and email address.
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 3 Evaluation Criteria
A selection committee will evaluate the submittals based on the following criteria:
Total Points Evaluation Criteria Available The specialized experience and technical competence of the 25 firm with respect to the type of services required The capacity and capability of the firm to perform the work in 15 question, including specialized services, within the time and cost limitations fixed for the completion of the project The past record of performance of the firm with respect to such 15 factors as control of costs, quality of work, and ability to meet schedules Prior experience with MCC and/or previous experience with 15 similar or like services as outlined in this RFQ Professional credentials and experience of all personnel who 10 will be involved with MCC projects References - level of satisfaction of present and former clients 10 with accounts of similar size and complexity Any litigation is fully disclosed and firm has demonstrated 5 appropriate resolution The firm's proximity to and familiarity with MCC and the Greater 5 Kansas City area
General Contract Terms
An agreement will be issued to the recommended firms upon approval of the firms by MCC’s Board of Trustees.
The costs agreed to are to be firm, fixed prices for the entire contract period and are not subject to increases unless mutually agreeable to both parties. Should an increase be needed, the firm shall be responsible for providing proof of price increase in writing to MCC not less than thirty (30) days prior to said requested increase.
MCC shall not make any advance deposits. Payment for all equipment, supplies and/or services required herein shall be made in arrears.
MCC assumes no obligation for equipment, products, materials, supplies and/or services shipped or provided in excess of the quantity ordered or stated hereunder. Any unauthorized quantity is subject to MCC’s rejection and shall be returned at the firm’s expense.
The firm shall provide all equipment, products, materials, supplies and services necessary for the proper execution and implementation of the agreement.
The firm is now and shall remain a separate and independent entity from MCC.
Basis of Contract Awards
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 4 The proposal received from the successful firm, along with the RFQ, will be incorporated into the Agreement between MCC and the firm, and all provisions therein shall be provided by the firm in accordance with the requirements of the proposal, unless superseded by the terms and conditions of the Agreement, RFQ or any subsequent amendment. No contract award shall exist until an agreement is approved by MCC’s Board of Trustees and executed by both parties.
MCC reserves the right to waive any informality, reject any or all proposals and/or cancel this RFQ, all without any obligation to MCC. In accordance with Section 8.289, R.S.Mo., when MCC identifies a project requiring engineering services, MCC will evaluate the responses on file and shall select three. In accordance with Section 8.291, R.S.Mo., from those three, MCC shall select the firm which, based upon its response to this RFQ, it regards to be the best qualified and capable of performing the desired work. MCC shall prepare a written description of the scope of the proposed services and shall enter into negotiations with the firms so selected. If not successful in negotiating a contract with the selected firm, MCC shall initiate negotiations with the second of the three and with the third if unable to negotiate a contract with the second. If unsuccessful with the third, MCC shall reevaluate the necessary services, including reasonable fee, and select another three firms and start the process anew.
For any project over $10,000, the MCC's Board of Trustees will approve an agreement to be issued to the firm with which MCC has successfully completed negotiations.
5% Preference
A 5% preference shall be granted to all firms, corporations or individuals doing business as a Missouri firm, corporation or individual provided the additional cost to MCC does not exceed $500.
Minority & Women Business Enterprise Participation
It is the practice of MCC to ensure full and equitable economic opportunities to persons and businesses that compete for business with MCC, including Minority and Women Business Enterprises (M/WBEs).
MCC encourages M/WBE participation in contracts for goods and services by firms that are certified. This may either be by the primary firm being a certified M/WBE or by the utilization of qualified subcontractors, suppliers, joint ventures or other arrangements that afford meaningful opportunities for M/WBE participation. Work performed by M/WBEs must provide a commercially useful function related to the delivery of the service/product required herein. Second tier participation where suppliers generally provide supplies to a corporation but that are not directly related to this contract does not qualify as meaningful participation. MCC will consider certifications from agencies not located in Missouri for M/WBEs not located in Missouri with the approval of the Director of Purchasing.
M/WBE means a business that is a sole proprietorship, partnership, joint venture or corporation in which at least fifty-one percent (51%) of the ownership interest is held by minorities or women and the management and daily business operations of which are controlled by one or more minorities or women who own it. Minority is defined as belonging to one of the following racial minority groups: African Americans, Native Americans, Hispanic Americans, Asian
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 5 Americans, American Indians, Eskimos, Aleuts and other groups that may be recognized by the Office of Advocacy, United States Small Business Administration.
Suppliers must indicate their MBE and WBE participation levels committed to this project on the “M/WBE Participation Form” included in this document. The names and percent participation of each MBE and WBE should also be provided on this form.
The firm shall provide written reports as requested by MCC of the financial participation of M/WBEs. The report shall include the name(s) and address(es) of the certified M/WBEs, services, equipment, products or materials provided and the total dollar amount or percentage of utilization. The report shall also include, separately, all second tier participation the firm may have.
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 6 MBE/WBE PARTICIPATION FORM
If proposing MBE/WBE participation, the firm must indicate below the percentage of qualified MBE and WBE participation committed to in relation to the total dollar value of the contract regardless of whether the firm is awarded one, some or all of the categories being proposed. Overall, the MBE and WBE participation must not be contingent upon award of a specific category and the firm, if awarded a contract, must be able to achieve the stated participation for the resulting contract regardless of the categories awarded or not awarded. The firm must be able to achieve participation stated below for the total value of the awarded contract(s). If the firm is a qualified MBE and/or WBE, the firm may indicate 100% participation.
The firm is committed to the following MBE and WBE participation on this bid:
Total MBE Participation _____% Total WBE Participation_____%
Complete the following table indicating the firms used to meet the participation levels indicated.
MBE Firm Name MBE % of WBE Firm Name WBE % of Contract Contract
THIS FORM MUST BE SUBMITTED WITH THE BID
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 7 STATEMENT OF QUALIFICATIONS PROPOSAL SIGNATURE FORM
By signing below, I am certifying that I am submitting this proposal as an authorized representative of the below-named firm, have thoroughly reviewed and understand the terms and conditions of the RFQ, and am submitting the proposal accordingly.
Dated this day of , 201 .
(Authorized Representative Signature)
(Authorized Representative Name/Title)
(Company Name)
(Address)
(City, State, Zip)
(Phone Number/Fax Number)
(Email Address)
Previously, we submitted a Statement of Qualifications in 2015 and wish MCC to consider this our official response to RFQ #15-7105-C1R2.
Please indicate which area for consideration Civil and Structural Engineering
Mechanical, Electrical and Plumbing Engineering.
Environmental, Geo-technical, Construction Material Testing and Building Special Inspections Engineering
THIS FORM MUST BE SUBMITTED WITH THE QUALIFICATIONS
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 8 General Terms and Conditions
1. Contract Documents. This Request for Qualifications, Engineer’s Qualifications Proposal, including without limitation any completed forms required by Engineer under the Request for Qualifications, and Owner’s Notice of Award letter shall form a binding agreement and shall be made a part of any Agreement (the Agreement) executed between Owner and the winning Engineer regarding the subject matter herein.
2. Engineer’s Services. Engineer agrees, when requested by Owner, to provide professional engineering services to Owner, which may include but are not limited to: subsurface exploration, geotechnical engineering, phase I ESA; asbestos and/or lead-based paint surveys; property condition assessments (PCA); construction material testing; laboratory testing; specials inspections; reports; engineering services, such as assisting Owner in obtaining competitive bids and administering the construction contracts for any such project, or other professional or consulting services. The scope of the services performed by Engineer shall be agreed upon for each project and shall be documented in a written Project Work Authorization signed by the parties.
3. Non-Exclusivity. Engineer acknowledges that this is a non-exclusive arrangement and that Owner may from time to time enter into similar arrangements with other engineers. Owner reserves the right to contract with others to perform similar services. Engineer further acknowledges that Owner is not committed to contract for a stated volume of work or services during the period for which they are qualified to provide services.
4. Initial Term. The Agreement of the qualified engineer shall be for a one year term from the date of qualification. The Agreement may be renewed upon the mutual written agreement of the parties for two each one year renewal options. If the Agreement is not renewed, Owner and Engineer agree to complete all ongoing Project Work Authorization in accordance with the terms of the Agreement and the applicable Project Work Authorization, unless such projects were or are terminated in accordance with the termination provisions of the Agreement.
5. Insurance. During the course of performing its services, Engineer will maintain the following minimum insurance coverage:
Type of Coverage Limits of Liability
Workers' Compensation Statutory Employers' Liability $500,000
Comprehensive General Liability $1,000,000 per occurrence, $2,000,000 aggregate
Automobile Liability $1,000,000 per occurrence, $2,000,000 aggregate
Umbrella $2,000,000
Professional Liability $1,000,000 per claim
Errors & Omissions $1,000,000
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 9 Owner will be listed as an additional insured in respect to general liability, automobile liability, and umbrella/excess insurance. However, the addition of Owner as an additional insured shall not in any way nullify coverage for claims or actions Owner may have against Engineer. Engineer will provide to Owner certificates evidencing the required coverage prior to commencing services.
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 10 FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUM
For Contracts with The Junior College District of Metropolitan Kansas City, Missouri aka Metropolitan Community College, a public community college district and political subdivision of the State of Missouri (“MCC”).
Pursuant to Missouri Revised Statute 285.530, all business entities awarded any contract in excess of five thousand dollars ($5,000) with a Missouri political subdivision must, as a condition to the award of any such contract, be enrolled and participate in a federal work authorization program with respect to the employees working in connection with the contracted services being provided, or to be provided, to MCC (to the extent allowed by E-Verify). In addition, the business entity must affirm the same through sworn affidavit and provision of documentation. In addition, the business entity must sign an affidavit that it does not knowingly employ any person who is an unauthorized alien in in connection with the services being provided, or to be provided, to MCC.
Accordingly, your company:
(a) Agrees to have an authorized person execute the attached “Federal Work Authorization Program Affidavit” and deliver the same to MCC prior to or contemporaneously with the execution of its contract with MCC;
(b) Affirms it is enrolled in the “E-Verify” work authorization program in the United States, and is participating in E-Verify with respect to your employees working in connection with the services being provided (to the extent allowed by E-Verify), or to be provided;
(c) Affirms that it is not knowingly employing any person who is an unauthorized alien in connection with the services being provided, or to be provided, by your company to the district.
(d) Affirms you will notify MCC if you cease participation in E-Verify, or if there is any action, claim or complaint made against you alleging any violation of Missouri Revised Statue 285.530, or any regulations issued thereto;
(e) Agrees to provide documentation of your participation in E-Verify to MCC prior to or contemporaneously with the execution of its contract with MCC (or at any time thereafter upon request by MCC), by providing to MCC an E-Verify screen print out (or equivalent documentation) confirming your participation in E-Verify;
(f) Agrees to comply with any state or federal regulations or rules that may be issued subsequent to this addendum that relate to Missouri Revised Statute 285.530; and
(g) Agrees that any failure by your company to abide by the requirements a) through f) above will be considered a material breach of your contract with MCC.
By: ______(signature)
Printed Name and Title: ______
For and on behalf of: ______(Company) THIS FORM MUST BE SUBMITTED WITH THE QUALIFICATIONS
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 11 FEDERAL WORK AUTHORIZATION PROGRAM AFFIDAVIT
I, ______, being of legal age and having been duly sworn upon my oath, state the following facts are true:
1. I am more than twenty-one years of age; and have first-hand knowledge of the matters setforth herein.
2. I am employed by ______(“Company”) and have authority to issue this affidavit on its behalf.
3. Company is enrolled in and participating in the United States E-Verify federal work authorization program with respect to Company’s employees working in connection with the services Company is providing to, or will provide to MCC, to the extent allowed by E-Verify.
4. Company does not knowingly employ any person who is an unauthorized alien in connection with the services Company is providing to, or will provide to, the MCC.
FURTHER AFFIANT SAYETH NOT.
By: ______(Signature)
Print Name/Title: ______
On Behalf of: ______(Company)
STATE OF ) ) ss. COUNTY OF )
Submitted and sworn to before me this ____ day of ______, 201___.
______Notary Public
______Print Notary Name My commission expires:
THIS FORM MUST BE SUBMITTED WITH THE QUALIFICATIONS
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 12 ACKNOWLEDGEMENT OF RECEIPT
This Form Must be Completed and Emailed/faxed Upon Receiving
Request for Qualifications #15-7105-C1R2 Professional Engineering Services
Please fill in the requested information below and return by email or fax, as acknowledgement that you have received the Request for Proposal noted above.
Metropolitan Community College Purchasing Department Email to : p urc h a s i n g.in f o@ m cc k c.edu Or Fax: 816-759-1221
By doing this, we will be able to provide notification of any addenda to the RFQ.
Name of Firm:
Address:
City/State/Zip:
Phone: Fax:
Name: (Print)
Title:
Email address:
Signature: Date:
Yes, our company does have an interest in responding.
No, our company does NOT have an interest in responding.
Email or fax this to MCC prior to Noon on October 30, 2015.
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 13 SAMPLE CONTRACT
MASTER AGREEMENT BETWEEN OWNER AND ENGINEER
This Master Agreement between Owner and Engineer is made as of this _____ day of ______, 20___, (Effective Date) by and between
Owner: Junior College District of Metropolitan Kansas City, Missouri 3200 Broadway Kansas City, MO 64111 (Owner)
And
Engineer: ______(Engineer)
General Services:
Initial Term: One Year
Engineer has qualified to perform professional engineering services for Owner pursuant to Section 8.291 RSMo. Owner from time to time requires professional engineering services involving multiple projects and desires to enter into a non-exclusive arrangement with Engineer so that for various projects it may obtain engineering services from Engineer. The purpose of this Master Agreement is to set forth the terms and conditions of any work or services undertaken by Engineer for Owner and to define the contractual rights, obligations and liabilities of the parties. Owner desires that Engineer provide such professional engineering services when requested by Owner, and Engineer desires to render such services to Owner when requested.
Owner and Engineer, in consideration of the mutual promises and covenants as set forth in this Master Agreement, agree as follows:
1. Engineer’s Services. Engineer agrees, when requested by Owner, to provide professional engineering services to Owner. The scope of the services performed by Engineer shall be agreed upon for each project and shall be documented in a written Project Work Authorization signed by the parties. A sample Project Work Authorization is attached as Exhibit A.
2. Non-Exclusivity. Engineer acknowledges that this is a non-exclusive arrangement and that Owner may from time to time enter into similar arrangements with other engineers. Owner reserves the right to contract with others to perform similar services. Engineer further acknowledges that Owner is not committed to contract for a stated volume of work or services during the Term of this Master Agreement.
3. Initial Term. This Master Agreement shall be for a term of one year beginning on the Effective Date of this Agreement, and may be renewed upon the mutual written agreement of the parties. If this Master Agreement is not renewed, Owner and Engineer agree to complete all
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 14 ongoing Project Work Authorization in accordance with the terms of this Master Agreement and the applicable Project Work Authorization, unless such projects were or are terminated in accordance with the termination provisions of this Master Agreement.
4. Compensation. Owner shall compensate Engineer for services rendered by its staff and consultants in accordance with the compensation set forth in the Project Work Authorization. Such compensation may be determined as follows: (i) based on the hourly rates for Engineer’s staff as set forth in Exhibit C, (ii) a fixed or stipulated fee for the specific project or service, (iii) hourly rates with a guaranteed maximum price, or (iv) as otherwise agreed upon by the parties.
The rates set forth in Exhibit C shall be effective through the Initial Term. Any increase in rates thereafter shall be subject to the mutual agreement of the parties, and, such increases, if mutually agreed upon, shall be in writing and appended to this Master Agreement. Notwithstanding the foregoing, for purposes of increases in such rates, one-half (1/2) of each rate is designated as labor, and increases in any such rate will be limited to a figure computed by multiplying the particular individual's labor rate prior to any proposed increase by such individual's percentage salary/compensation increase as paid by Engineer and dividing such figure by two (2). No rate will be increased by more than six percent (6%).
No services shall be performed or time shall be charged to a project until Engineer is given a written notice to proceed by Owner (such notice may be provided by the Project Work Authorization).
Owner shall also reimburse Engineer for expenses qualifying for reimbursement as set forth in Exhibit B.
5. Personnel.
a. All of the services required in this Master Agreement or any Project Work Authorization will be performed by Engineer or under their supervision and all personnel engaged in the work shall be fully qualified and shall be licensed, authorized, or permitted under state and local law to perform such services. Engineer further represents that Engineer is or will become within a reasonable time after execution of this Master Agreement duly authorized, licensed, or certified to provide professional engineering or other professional services under Missouri law, if required by Missouri law.
b. Engineer shall identify the individuals to perform the engineering services prior to commencing work on any project. Owner reserves the right to approve all such individuals so named for any project, but Owner agrees that it shall not exercise this right arbitrarily. Engineer's Authorized Representative for each Project shall be set forth in the Project Work Authorization. Any Authorized Representative may be changed by Engineer by naming a designated successor in writing, subject to Owner’s prior written approval.
c. None of the work or services covered by this Master Agreement or any Project Work Authorization shall be subcontracted without the prior written approval of Owner, which approval shall not be unreasonably withheld. Any work or services subcontracted shall be specified by written contract or agreement and shall be subject to each provision of this Master Agreement and the appropriate Project Work
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 15 Authorization. The approved subconsultants to Engineer on each Project shall be set forth in the Project Work Authorization.
6. Project Work Authorization. Owner's Director of Physical Facilities shall submit to Engineer, in writing, a proposed scope of work for the particular project, including a request for a fee estimate for Engineer's professional services. Owner may request a guaranteed maximum fee or a fixed fee for any project, in which case the guaranteed maximum fee or fixed fee shall control as to compensation.
The Director of Facility Services may request an initial project meeting at which representatives of Owner and Engineer shall be present for the purpose of establishing a defined scope of work and schedule for the Project. Following such meeting, a defined scope of work and schedule, together with a guaranteed maximum fee or fixed fee, if applicable, shall be submitted to Owner for review and approval. If approved, the Director of Facility Services or Engineer shall prepare a Project Work Authorization in substantially the form set forth in Exhibit A based on the approved proposal for signing by the parties. If subject to a guaranteed maximum fee or fixed fee, Engineer will bill against the guaranteed maximum fee or fixed fee based upon the schedule of hourly rates then applicable or the estimated fee per design phase of the project, if applicable.
7. Payment. Owner shall compensate Engineer for its professional services on a monthly basis in accordance with the hourly rates then in effect; provided, however, that in the event of a guaranteed maximum fee, Owner shall compensate Engineer on a monthly basis in accordance with the hourly rates for services performed during any given month until such time as Engineer has reached the guaranteed maximum fee at which point Engineer shall be entitled to no further compensation for professional service as defined in the Project Work Authorization, without prior written authorization from Owner. Expenses qualifying for reimbursement shall be reimbursed monthly upon receipt of a detailed statement of such expenses from Engineer (subject to the guaranteed maximum fee, if any).
On or about the tenth day of each month, Engineer shall submit to Owner a separate itemized statement of the preceding month’s services for each Project Work Authorization with all information necessary to substantiate payment including a detailed description of the work performed, a list of all professionals who devoted time to the work, and a description of the percentage complete of each phase of the work. Engineer’s statement shall designate the balance remaining in the fixed compensation amount per phase, if applicable. Where a guaranteed maximum fee has been established for a specific service, Engineer’s invoice shall designate the remaining fees to be billed. Engineer shall also submit supporting documentation for any reimbursable expenses. Owner agrees to make payment within thirty (30) days of the timely receipt of an invoice and necessary information. Interest charges for late payment shall be applied at the rate of 12% per year for all unpaid balances due over 45 days. Engineer's accounting records shall be kept on a generally accepted accounting basis fully reflecting all hours charged to each project and detailing reimbursable expenses. Such records shall be available to Owner's authorized representative at mutually convenient times.
8. Insurance. During the course of performing its services, Engineer will maintain the following minimum insurance coverage:
Type of Coverage Limits of Liability
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 16 Workers' Compensation Statutory Employers' Liability $500,000
Comprehensive General Liability $1,000,000 per occurrence, $2,000,000 aggregate
Automobile Liability $1,000,000 per occurrence, $2,000,000 aggregate
Umbrella $2,000,000
Professional Liability $1,000,000 per claim
Errors & Omissions $1,000,000
Owner will be listed as an additional insured in respect to general liability, automobile liability, and umbrella/excess insurance. However, the addition of Owner as an additional insured shall not in any way nullify coverage for claims or actions Owner may have against Engineer. Engineer will provide to Owner certificates evidencing the required coverage prior to commencing services.
9. Indemnity. Engineer shall defend, hold harmless and indemnify Owner and its officers, directors, and employees from and against losses, liabilities, expenses, and costs, including, without limitation, reasonable attorneys’ fees and costs, that may be based on any injury to persons or property to the extent caused by (i) the intentional or negligent performance of services under this Master Agreement or any Project Work Authorization by Engineer or any person or entity employed or retained by Engineer, (ii) violation of applicable laws; or (iii) any breach of this Master Agreement or any Project Work Authorization. The indemnification set forth in this Article shall not be limited or restricted by any insurance policy. This provision does not require Engineer to indemnify, hold harmless, or defend Owner or other indemnified parties for their own negligence.
10. Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect, or incidental damages. This limitation shall not limit or restrict available insurance coverage, including without limitation, Engineer’s liability policies or Engineer’s indemnity obligation for third party claims.
11. Standard of Care. Engineer will exercise the necessary and reasonable professional skill, care and diligence required in the performance of its services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices and standards. If Engineer fails to meet the foregoing standards, without in any way diminishing the rights and remedies otherwise available to Owner, Engineer will perform at its own cost, and without reimbursement from Owner, the professional engineering services necessary to correct errors and omissions which are caused by Engineer's failure to comply with this standard.
12. Changes/Additional Services. Owner shall have the right to make changes within the general scope of Engineer’s services or to authorize additional services, with an appropriate change in compensation and schedule, upon execution of a mutually acceptable amendment or
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 17 change order to the Project Work Authorization, which is signed by an authorized representative of Owner and an authorized representative of Engineer. Such changes or additional services shall be performed only if authorized by Owner in writing. In such event Owner shall pay Engineer compensation based on Engineer's normal hourly rates for time actually and necessarily devoted to services rendered in completing the additional services or shall negotiate an agreed upon fixed amount or guaranteed maximum amount to perform such additional services. Engineer's hourly rate schedule is attached as Exhibit C.
13. Independent Contractor. Engineer shall be an independent contractor with respect to performance of its services. Neither Engineer nor its employees shall be deemed to be a servant, employee, partner, or joint venturer of Owner. Engineer shall be solely responsible for, and shall have control over, the means and details of performing the services required by this Master Agreement and any Project Work Authorization. Engineer is solely responsible for payment of wages, salaries, fringe benefits, and other compensation to Engineer’s employees. Engineer will indemnify, hold harmless and defend Owner and its employees and agents, without limitation and including attorneys’ fees, relating to payment of taxes and benefits and any failure of Engineer to comply with workers’ compensation laws.
14. Ownership and Use of Documents. Engineer shall own the drawings, plans, specifications, sketches, renderings, artwork, models, and any other displays or documents prepared by Engineer (“Documents”) pursuant to this Master Agreement or any Work Authorization. Owner is permitted to use the Documents for construction of the Project, for promoting and/or advertising the Project and for any other purpose in connection with the Project or the College, including without limitation, the completion of additions, modifications, maintenance, repairs, renovations, or alterations to the Project. If Engineer is in default under this Master Agreement or any Work Authorization, the Documents may be used by Owner for completion of the work by others. Engineer shall not be responsible for the unauthorized reuse or modification of the Documents.
15. Equal Opportunity Employer. Owner is an equal opportunity/affirmative action employer. If applicable, Engineer, in performing the work required by this Agreement, agrees to comply with the applicable provision of Executive Order 11246 issued by the President of the United States, September 24, 1965, and the applicable provisions of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the Rehabilitation Act of 1974, all as amended, and to comply with the Rules and Regulations issued thereunder, as set forth at 41 CFR § 10.1-4(a), and 41 CFR § 60-250. Engineer agrees not to discriminate against any employee or applicant for employment because of race, color, religion, age, sex, sexual orientation, gender identity, disability, national origin, veteran status or any other status protected by applicable law. This Engineer and subcontractor shall also abide by the requirements of 41 CFR § 60-300.5(a), and 41 CFR § 60-741.5(a). These regulations prohibit discrimination against qualified protected veterans and qualified individuals on the basis of disability and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities.
16. Assignment. Owner and Engineer, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Engineer shall assign, subcontract or transfer any interest in this Agreement without the written consent of the other.
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 18 17. Assignment of Services. It is understood Engineer shall not assign or subcontract the services in the Agreement without the written consent of Owner, and subject to Owner’s approval of said subcontractor’s expertise to complete the assigned portion of the services.
18. Force Majeure. Engineer shall not be responsible for delay from causes beyond their control including, without limitation, an act of God, and act of war, a riot, epidemic, fire, flood or other disaster, an act of government, a strike or lockout, a communication line failure or a power failure.
19. Dispute Resolution.
a. The parties will attempt in good faith to resolve through negotiation any dispute, claim, or controversy arising out of or relating to this Master Agreement or any Project Work Authorization. If the dispute is not resolved by these negotiations, the dispute will be submitted to mediation. Except as provided herein, no civil action or arbitration with respect to any dispute, claim, or controversy arising out of or relating to this Master Agreement may be commenced until the dispute has been submitted to mediation. Any party may commence mediation by providing the other parties a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with one another in selecting a mediator and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and will share equally in the cost of the mediation. The parties will endeavor to reach agreement within thirty (30) days or proceed to exercise any remedies available.
20. Termination
a. Termination of Contract for Cause. If, through any cause, either party shall fail to fulfill in a timely and proper manner its material obligations under this Master Agreement or any Project Work Authorization, or if either party shall violate any of the material covenants, agreements, or stipulations of this Master Agreement or any Project Work Authorization, the other party shall have the right to terminate this Agreement or any Project Work Authorization by giving at least fourteen (14) days’ prior written notice of such termination and an opportunity to cure such default or violation. Owner’s failure to make payments to Engineer in accordance with this Agreement or the applicable Project Work Authorization shall be considered substantial nonperformance and cause for termination or, at Engineer’s option, cause for the suspension of services under the applicable Project Work Authorization, unless Owner has a good faith basis for nonpayment. In the event of suspension of services, Engineer shall have no liability to Owner for delay or damage caused Owner because of such suspension of services.
In the event Owner gives written notice of termination to Engineer of this Master Agreement or any Project Work Authorization, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by Engineer, under this Agreement or the applicable Project Work Authorization, shall be delivered to Owner. Owner understands that Engineer cannot be responsible for the accuracy, completeness or workability of the work documents prepared by Engineer if used, changed or completed by another party. If this Agreement or any Project Work Authorization is terminated during the progress of
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 19 work, Engineer shall be paid for services rendered up to the termination date, and shall be entitled to no other compensation.
b. Termination for Convenience of Owner. Owner may terminate this Master Agreement or any Project Work Authorization, at any time, for any reason without cause, by giving at least thirty (30) days’ notice in writing to Engineer. If this Master Agreement or any Project Work Authorization is terminated by Owner, Engineer shall be paid for services rendered up to the termination date, and shall not be entitled to any consequential, loss of profits, or other damages.
21. Notices. All communications relating to the Agreement shall be in writing and may be hand delivered, sent by overnight courier, or shall be deemed received within ten (10) business days after mailing if sent by registered or certified mail, return receipt requested to the parties at the addresses first written above. If to Owner regarding legal matters, notice shall be sent to the attention of Kathy Walter-Mack, Chief of Staff to the Chancellor.
22. No Debarment. Engineer represents that it is not debarred or suspended from doing business with the federal government and/or any state government, and shall notify Owner if it becomes debarred or suspended during the Term of this Agreement.
23. Complete Agreement. This Agreement together with any executed Project Work Authorizations represents the entire and integrated agreement between Owner and Engineer and supersedes all prior negotiations, representatives and agreements, either written or oral. In the event that any provision of any invoice, acknowledgment, quotation/proposal, confirmation, schedule, or other document whatsoever provided by either party to the other conflicts with the provisions of this Master Agreement or any applicable Project Work Authorization, the provisions of this Master Agreement and the applicable Project Work Authorization shall control and such other documents shall be void and unenforceable.
24. Governing Law. This Agreement may be amended only by written instrument signed by both Owner and Engineer, and shall be governed by the laws of Missouri, without regard to its conflicts of law rules.
25. Execution. This Agreement may be executed in counterparts, which together constitute one and the same Agreement. If a party sends a signed copy of this Agreement via digital transmission, such party will, upon request by the other party, provide an originally signed copy of this Agreement. No member or officer of Owner incurs personal liability by the execution or default of this Agreement. All such liability is released by Engineer as a condition of and consideration of the execution of this Agreement.
Owner and Engineer have caused this Agreement to be executed as of the day and year first above written.
Junior College District of Metropolitan Engineer Kansas City, Missouri
By: By:
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 20 Name: David L. Disney Name:
Title: President, Board of Trustees Title:
Date: Date:
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 21 EXHIBIT A Project Work Authorization
PROJECT:
This Project Work Authorization is entered into in accordance with the Master Services Agreement Between Owner and Engineer, dated ______(“Master Agreement”). The parties agree as follows:
1. SCOPE OF SERVICES
Engineer agrees to perform professional services as described in this Work Authorization and or elsewhere in the Master Agreement in the development, design, and construction of the following Project:
Engineer agrees to provide professional design, environmental, geotechnical, and materials testing services for the Project as set forth in Attachment 1, Engineer’s Proposal.
2. TIME OF COMMENCEMENT AND PERIOD OF SERVICE
Engineer’s services under this Project Amendment shall begin immediately upon execution of this Project Amendment. Engineer’s services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Schedule, which may be modified by mutual agreement, is attached as part of Attachment 1, Engineer’s Proposal.
3. COMPENSATION
Owner shall compensate Engineer as provided for in the Master Agreement as set forth below:
a. Fee. Owner agrees to pay Engineer for the services performed pursuant to paragraph 1 (exclusive of reimbursable expenses), the fixed amount of ______.
[Compensation shall be allocated between the following phases: Insert payment schedule, milestone event, or other payment terms, if applicable. ]
b. Reimbursable Expenses. The estimated budget for reimbursable expenses is $______.
4. AUTHORIZED REPRESENTATIVE
Engineer's Authorized Representative for the Project is ______or successor to be designated in writing, subject to Owner’s prior written approval.
5. AUTHORIZED SUBCONSULTANTS
The following firms are approved as subconsultants to Engineer:
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 22 (1) [list any approved subconsultants]
6. ADDITIONAL CONDITIONS OR SERVICES
In the event of any conflict, inconsistency or ambiguity between the terms and provisions of this Work Authorization and those of Master Agreement, this Work Authorization shall govern and control.
Junior College District of Metropolitan Engineer Kansas City, Missouri
By: By:
Name: David L. Disney Name:
Title: President, Board of Trustees Title:
Date: Date:
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 23 Attachment 1 – Engineer’s Proposal
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 24 EXHIBIT B Expenses Qualifying for Reimbursement
1. For additional services of Consultants, including additional structural, mechanical and electrical engineering services, a multiple of one (1.0) times the amounts billed to Engineer for such services.
2. For reimbursable expenses, as described below, a multiple of one (1.0) times the amount expended by Engineer, Engineer's employees or consultants in the interest of the Project:
a. Costs for approved outside special consultants, laboratory analysis and equipment rentals are billed at actual cost. b. Expense of reproductions, delivery charges, postage and handling of drawings, specifications and other documents, costs such as bulk printing and binding are billed at commercial rates. c. Expense of postage and long distance phone calls are billed at cost. d. Expenses of transportation outside the Greater Kansas City Metropolitan area and plotting.
RFQ #15-7102-C1R2 Professional Engineering Services Metropolitan Community College Page 25