Proposed Project Agreement

Date: 1/8/2020

Proposal Number:

P00402

Prepared for: PARK H I L L SCHOOL DISTRICT 8500 N W RIVERPARK DRIVE PARKVILLE, MO 64152

Prepared by:

Ryan Driver

816-333-8489

rdriver@mmccontractors.com

i : f c ye- ; .com

PROJECT PROPOSAL

Company M M C Contractors National, Inc.

13805 Wyandotte

Kansas City, Missouri 64087

Ph: 816-333-8489 Fax:

Proposal Date: 1/8/2020

Proposal Number: P00402

Bill To Identity PARK H I L L SCHOOL DISTRICT

8500 N W RIVERPARK DRIVE

PARKVILLE, M O 64152

JIM RICH

Agreement Location PARK H I L L SCHOOL DISTRICT

8500 N W RIVERPARK DRIVE

PARKVILLE, M O 64152

JIM RICH

M M C Contractors is pleased t o provide a Lump Sum Proposal fo r the fo l low ing scope of work .

Scope of Work: Demolish (2) walk in freezers and (1) walk in cooler

• Provide labor and materials to remove the refrigerant from each of the refrigeration systems as required.

• Remove (2) condensers and (4) evaporators from the newest walk in freezer and make ready for storage.

Units will be laid on pallets provided by owner.

• Salvage all remaining condensers and evaporators.

• Provide labor and materials to remove electrical wiring back to to first junction box at each location as

required.

• Provide labor and materials to demolish (2) walk in freezers and (1) walk in cooler.

• Provide forklift for the project.

• Provide 40 yard dumpsters with drop off and pick up service for demolit ion/salvage materials.

• Provide saw cutting of floor to remove wall panels from floor (oldest walk-in freezer)

• Provide disposal of concrete soils in dumpsters.

• Provide labor and materials to pour concrete back in the trench flush to existing adjacent floor.

Exclusions:

• Permits.

• Overtime.

• Taxes.

Our price is guaranteed for (30) days from the date of this proposal.

WARRANTY: Our war ran ty on work per fo rmed is one (1) year, parts and labor.

TERMS OF PAYMENT: NET 30. Mater ia l and equ ipment furn ished under this proposal shall remain the proper ty of the

seller unt i l f inal payment has been received.

OUR PRICE FOR THIS PROPOSAL IS $49,750.00

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: or £ x o m

Upon execution as provided below, this agreement, including the following pages attached hereto (collectively, the "Agreement"), shall become a binding and enforceable agreement against both parties hereto. Customer, by execution of this Agreement, acknowledges that it has reviewed and understands the attached terms and conditions and has the authority to enter into this Agreement.

Contractor Customer

" ^ - T T Signature (Authorized Representative) Signature (AuthdfeSed Representative)

Ryan Driver "R/llOfc^ T ^ ^ H T ^ ^ Name (Print/ Type) Name (Print/Type)

816-333-8489 0p3 /S4A.vJ4rfc£4~

Phone Title

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Project Agreement Terms and Conditions

The fol lowing te rms and condit ions are incorporated into and a part of the agreement between Contractor and Customer ( the "Agreement " ) :

1. Customer shall permi t Contractor free and t imely access to areas and equ ipment , and allow Contractor to star t and stop the equ ipment as necessary to per form required services. All planned work under this Agreement wil l be performed dur ing the Contractor 's normal work ing hours.

2. Contractor warrants that the workmansh ip hereunder shall be free f rom defects for th i r ty (30) days f rom date of insta l lat ion. I f any replacement part or i tem of equ ipment proves defect ive, Contractor will extend to Customer the benefi ts of any war ran ty Contractor has received f rom the manufacturer . Removal and reinstal lat ion of any equ ipment or mater ials repaired or replaced under a manufacturer 's warranty will be at Customer 's expense and at the rates in effect. CONTRACTOR MAKES NO OTHER WARRANTIES, EXCEPT AS DESCRIBED HEREIN, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

3. Contractor may invoice Customer on a month ly basis. Customer wil l p rompt ly pay invoices within th i r ty (30) days of receipt. Should a payment become th i r ty (30) days or more del inquent , Contractor may stop all work under th is Agreement w i thout notice and/or cancel this Agreement , and the ent i re Agreement amount shall become due and payable immediate ly w i thou t notice or demand. In add i t ion , if Contractor does not receive payment of a proper ly submi t ted invoice wi th in th i r ty (30) days, Customer shall accrue a late charge on the balance outs tanding at the lesser of (a) 1 1/2% per month of (b) the highest rate al lowed by law, in each case coupounded month ly to the extent al lowed by law.

4. Any a l terat ion to , or deviat ion f r o m , this Agreement involving extra work , cost of mater ials or labor will become an extra charge (f ixed price amoun t to be negotiated or on a t ime-and-mater ia ls basis at Contractor 's rates then in ef fect) over the sum stated in this Agreement .

5. In the event Contractor must commence legal action in order to recover any amoun t payable or owed to Contractor under this Agreement , Customer shall pay Contractor all cour t costs and at torneys ' fees incurred by Contractor.

6. In the event of a breach by Contractor of the terms of this Agreement , including w i thout l imitat ion Section 2, or in the event Customer incurs any l iabil i ty in connection wi th the render ing of services by Contractor, Customer 's sole remedy against Contractor shall be for Contractor to re -per fo rm the services in accordance wi th the war ran ty or, if such services cannot be re-per formed or such re-per formance does not cure the breach or the l iabi l i ty, to refund to Customer the amoun t paid to Contractor under this Agreement , up to Customer's direct damages caused by such breach or l iabil i ty. Notwi thstanding the forego ing, in no event shall the liabil ity of Contractor in connect ion wi th any products or services, whether by reason of breach of contract, to r t ( including w i thou t l imi tat ion negl igence), s tatute or otherwise exceed the amoun t of fees paid by Customer to Contractor for those products or services. Further, in no event shall Contractor have any l iabil i ty for loss of prof i ts, loss of business, indirect, incidental , consequent ial , special, pun i t ive, indirect or exemplary damages, even if Contractor has been advised of the possibil i ty of such damages. In fur therance and not in l imitat ion of the fo rego ing, Contractor shall not be liable in respect of any decisions made by Customer as a result of Contractor 's services. Any act ion, regardless of f o rm , against the Contractor relat ing to this Agreement , or the breach thereof , must be commenced wi th in one (1) year f rom the date of the work .

7. Contractor shall not be liable for any delay, loss, damage or detent ion caused by acts or circumstances beyond its contro l including, w i thout l imi ta t ion, unavai labi l i ty of mach inery , equ ipment or mater ia ls, delay of carr iers, s t r ikes, including those by Contractor 's employees, lockouts, civil or mi l i tary author i ty , pr ior i ty regulat ions, insurrect ion or r iot, war , acts of te r ro r ism, action of the e lements , forces of nature, or by any cause beyond its cont ro l .

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8. To the ful lest ex tent permi t ted by law, Customer shall indemni fy and hold harmless Contractor, its agent and employees f rom and against all c laims, l iabilit ies, damages, losses and expenses ( including but not l imited to at torneys ' fees) arising out of or result ing f rom the per formance of work hereunder or any act or omission arising out of or related to this Agreement , provided tha t such c la im, damage, loss or expense is caused in whole or in part by an act ive or passive act or omission of Customer, anyone direct ly or indirectly employed by Customer, or anyone for whose acts Customer may be l iable, regardless of whe ther it is caused in party by the negli lgence of Contractor. Further, and notwi thstanding the preceding sentence, Contractor shall be held harmless and shall not be liable to Customer for any c la ims, l iabil i t ies, damages, losses and expenses related to mold or to the creat ion of mold at Customer's locat ion(s) and shall have no obl igat ion to t reat , ident i fy or remove such mold .

9. Customer shall make available to Contractor 's personnel all per t inent Material Safety Data Sheets (MSDS) pursuant to OSHA'S Hazard Communicat ion Standard Regulat ions.

1 1 . Contractor 's obl igat ion under this proposal and any subsequent contract does not include the ident i f icat ion, abatement or removal of asbestos, mold or any other toxic or hazardous substances, hazardous wastes or hazardous mater ia ls. In the event such substances, wastes and mater ials are encountered, Contractor 's shall have the r ight thereaf ter to suspend its work unti l such substances, wastes or mater ia ls and the resultant hazards are removed. The t ime for complet ion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. As previously prov ided, Contractor shall be held harmless and shall not be liable for any claims, l iabil it ies, damages, losses and expenses related to such substances, wastes and mater ia ls , including the failure to ident i fy or not i fy Customer of such substances, wastes and mater ia ls.

12. This Agreement is between Contractor and Customer alone, and neither intends that there be any th i rd par ty beneficiaries to this Agreement . Wi thout l imit ing the general i ty of the forego ing, by enter ing into this Agreement and provid ing services on Customer's behalf, Contractor is not assuming any duty or abl igat ion to any of Customer 's employees, vendors, cl ients, subcontractors , agents, shareholders, partners or members. Customer agrees to indemni fy and hold Contractor harmless f rom and against any and all l iabil i t ies, losses, c la ims, costs, expenses and damages (including w i thout l imi tat ion reasonable a t torneys ' fees) incurred by Contractor by reason of a claim brought against Contractor by any of Customer 's employees, vendors, cl ients, subcontractors, agents, shareholders, partners or members w i th respect to the services provided by Contractor on Customer's behalf.

13. Each of the part ies hereto is an independent contractor and neither party is, nor shall be considered to be, an agent , d is t r ibutor or representat ive of the other. Neither par ty shall act or present itself, directly or indirect ly, as an agent of the other or in any manner assume or create any obl igat ion on behalf of, or in the name of, the other.

14. These te rms and condi t ions, together wi th the at tached documents , const i tutes the entire agreement and understanding among the part ies hereto and supersedes any and all prior agreements and understandings, oral or wr i t ten , relat ing to the subject mat te r hereof. I t sets for th the te rms for the provision of any products or services Contractor may provide Customer, whether in connect ion wi th the part icular engagement that is identi f ied as the subject of th is Agreement or otherwise, unless and unti l a wr i t ten ins t rument is signed by an author ized representat ive of Contractor agreeing to d i f ferent te rms . This Agreement shall not be assignable by Customer and Contractor w i thou t the express prior wr i t ten consent of ei ther party. This Agreement shall be governed by and construed in accordance wi th the laws of the State of the Contractor 's headquarters are located, w i thou t giv ing ef fect to tha t State's confl icts of laws principles.

15. I f paying wi th credit card a 3 % surcharge will be added to tota l project price.

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