Contract Documents for:

th

Street Arterial Mill and Overlay Project

Project Number 3-P-001-26

Owner: Prepared by:

City of Olathe, Kansas George Butler Associates, Inc.

Infrastructure Department 9801 Renner Blvd. #300

Engineering Division Lenexa, KS 66219

MU

ABNESOR SACUL

29311

SASNAK

R E

E

NIGNE LANOIS

SE

F O

R P

DESNECIL

01/13/2026

CITY OF OLATHE, KANSAS

ENGINEERING DIVISION

NOTICE TO BIDDERS

Sealed bids will be received online at https://olatheks.bonfirehub.com, until 10 a.m. local time, on February 17, 2026, for the construction of 135th Street Arterial Mill and Overlay Project, Project No. 3-P-001-26.

At said time and place, and promptly thereafter, all bids that have been duly received will be publicly opened online at https://olatheks.bonfirehub.com.

The work consists of the following:

Mill and overlay on 135th Street (Indian Creek Trail to Pflumm Road) including base and subgrade repairs (as needed), concrete curb and sidewalk replacement, installation of ADA compliant sidewalk ramps, installation of wide shared use path on the south side, placement of pavement markings, stormwater improvements, signal detections replacement, and installation of new signals at intersections of Black Bob Road and Brougham Drive.

Bid documents including drawings and specifications are on file at the office of Public Works of Olathe, Kansas, and are open for public inspections. Bid documents and drawings may be downloaded free of charge from https://olatheks.bonfirehub.com. Only bids submitted electronically at https://olatheks.bonfirehub.com will be accepted.

An Owner’s Contingency Allowance determined by the City will be included within the Schedule of Values for this project, following the bid opening.

A satisfactory bid bond executed by the bidder or an acceptable surety, in an amount equal to five percent (5%) of the total bid for work shall be submitted with each proposal. A scanned copy of the BID BOND must be included with the online bid submitted at https://olatheks.bonfirehub.com. The original copy of the BID BOND form must be submitted to the ENGINEER within 48 hours of bid opening. Failure to submit original copy of the bid bond will result in rejection of bid and OWNER’s selection of the next low qualified bidder.

The successful bidder will be required to furnish and pay satisfactory performance and payment bond or bonds.

The City of Olathe, Kansas, reserves the right to reject any or all bids or to waive any informality in the bidding.

Bids may be held by the City of Olathe, Kansas, for a period not to exceed sixty (60) days from the date of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract.

City of Olathe, Kansas

BY Brenda Swearingian City Clerk

TC-1 City of Olathe

TABLE OF CONTENTS

NOTICE TO BIDDERS .................................................................................................NB-1 TABLE OF CONTENTS ...............................................................................................TC-1 INSTRUCTIONS TO BIDDERS ...................................................................................ITB-1 01 Terms ...........................................................................................................ITB-1 02 Copies of Bidding Documents....................... ..............................................ITB-1 03 Qualifications of Bidders......................... ....................................................ITB-1 04 Examination of Contract Documents & Site.......... .....................................ITB-1 05 Interpretations................................... ...........................................................ITB-2 06 Bid Security...................................... ...........................................................ITB-2 07 Contract Time..................................... .........................................................ITB-2 08 Liquidated Damages................................ ....................................................ITB-2 09 Substitute Material & Equipment................... .............................................ITB-3 10 Subcontractors, Etc............................... .......................................................ITB-3 11 Bid Form.......................................... ............................................................ITB-4 12 Submission of Bids................................ ......................................................ITB-4 13 Modification and Withdrawal of Bids............... ..........................................ITB-4 14 Opening of Bids................................... ........................................................ITB-4 15 Bids to Remain Open............................... ....................................................ITB-5 16 Award of Contract................................. ......................................................ITB-5 17 Performance and Other Bonds....................... ..............................................ITB-5 18 Signing of Agreement.............................. ....................................................ITB-6 19 Special Legal Requirements........................ ................................................ITB-6 20 Non-Resident Contractors.......................... .................................................ITB-6 21 Equal Employment Opportunity...................... ............................................ITB-6 22 Tax Exemption..................................... .......................................................ITB-6 ANTI-DISCRIMINATION FORM ................................................................................ADF-1 STATEMENT OF BIDDERS QUALIFICATIONS........................ ..............................BQ-1 BID BOND................................................... ..................................................................BB-1 BID FORM................................................... ..................................................................BF-1 STANDARD FORM OF AGREEMENT....................... ...............................................EJCDC-1 PERFORMANCE AND MAINTENANCE BOND........................... ...........................EJCDC-8 STATUTORY BOND............................................. .......................................................EJCDC-10 APPOINTMENT OF PROCESS AGENT............................... ......................................EJCDC-12 NON-COLLUSIVE AFFIDAVIT OF PRIME BIDDER.................... ...........................EJCDC-13 STANDARD GENERAL CONDITIONS................................ .....................................100-1 SUPPLEMENTARY CONDITIONS................................... ..........................................SC-1 PROJECT REQUIREMENTS........................................................................................PR-1 TEMPORARY FACILITIES....................................... ..................................................TF-1 SUBMITTALS................................................. ..............................................................SB-1 TECHNICAL SPECIFICATIONS................................... ..............................................TS-1 SPECIAL CONDITIONS......................................... ......................................................SPC-1 MEASUREMENT AND PAYMENT.................................... ........................................M&P-1

City of Olathe ITB-2 3-P-001-26

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

These Instructions to Bidders which are defined in the Standard General Conditions of the

Construction Contract, EJCDC C-700, 2013 Edition have the meanings assigned to them in the General Conditions. The term “Successful Bidder” means the lowest qualified, responsible BIDDER to whom OWNER (on the basis of OWNER’S evaluation as hereinafter provided) makes an award.

2. COPIES OF BIDDING DOCUMENTS

A. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation may be obtained from ENGINEER via https://olatheks.bonfirehub.com.

B. Complete sets of Bidding Documents shall be used in preparing bids; neither OWNER nor

ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

C. OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use.

3. QUALIFICATIONS OF BIDDERS

A. Contractor to provide a Certificate of Good Standing from the Kansas Secretary of State prior to the project award.

B. To demonstrate qualifications to perform the work, each BIDDER must be prepared to submit, within five (5) days of OWNER's request, a notarized "Statement of Bidder's Qualifications." A form for this purpose is included in this document. All information requested on the form must be provided. Each bid must contain evidence of BIDDER's qualification to do business in the state where the project is located or covenant to obtain such qualification prior to award of the contract.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Before submitting a bid, each BIDDER must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work; and (d) study and carefully correlate BIDDER'S observations with the Contract Documents.

B. Reference may be made in the Supplementary Conditions for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work which have been relied upon by the ENGINEER used in preparing the drawings and specifications. OWNER will make copies of such reports available to any BIDDER requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his bid each BIDDER will, at his own expense, make such additional investigations and tests as the BIDDER may deem necessary to determine his

City of Olathe ITB-3 3-P-001-26 bid for performance of the work in accordance with the time, price and other terms and conditions of the Contract Documents.

C. On request, OWNER will provide each BIDDER access to the site to conduct such investigations and tests as each BIDDER deems necessary for submission of his bid.

D. The lands upon which the work is to be performed, rights-of-way for access thereto and other lands designated for use by CONTRACTOR in performing the work are identified in the Supplementary Conditions, General Requirements, or drawings.

E. The submission of a bid will constitute an incontrovertible representation by the BIDDER that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work.

5. INTERPRETATIONS

All questions about the meaning or intent of the Contract Documents shall be entered on line via

Bonfire. Replies will be issued by addenda via Bonfire to all parties recorded as having received the bidding documents. Questions received less than three (3) days prior to the date for opening of bids will not be answered. Only questions answered via Bonfire through an addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6. BID SECURITY

A. Bid Security shall be made payable to OWNER in an amount of five percent (5%) of the

BIDDER'S maximum bid price and in the form of a Bid Bond (on form attached, if a form is prescribed) issued by a Surety meeting the requirements of paragraph 6.01 of the General Conditions.

B. The Bid Security of the successful BIDDER will be retained until such BIDDER has executed the agreement and furnished the required Contract Security, whereupon it will be returned; if the successful BIDDER fails to execute and deliver the agreement and furnish the required Contract Security within ten (10) days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that BIDDER will be forfeited. The Bid Security of any BIDDER whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the "effective date of the agreement" (which term is defined in the General Conditions) by OWNER to CONTRACTOR and the required Contract Security is furnished on the sixty-first (61) day after the bid opening. Bid Security of other BIDDERS will be returned within sixty (60) days of the bid opening.

C. A scanned copy of the BID BOND must be included with the online bid submitted at https://olatheks.bonfirehub.com. The original copy of the BID BOND form must be submitted to the ENGINEER within 48 hours of bid opening. Failure to submit original copy of the bid bond will result in rejection of bid and OWNER’s selection of the next low qualified bidder.

7. CONTRACT TIME

The number of days within which, or the date by which, the work is to be completed (the contract time) is set forth in the Bid Form and will be included in the Agreement.

City of Olathe ITB-4 3-P-001-26

8. LIQUIDATED DAMAGES

Provisions for liquidated damages, if any, are set forth in the Agreement.

9. SUBSTITUTE MATERIAL AND EQUIPMENT

The contract, if awarded, will be on the basis of material and equipment described in the drawings or specified in the specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the drawings or specified in the specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the "effective date of the agreement." The procedure for submittal of any such application by CONTRACTOR and consideration by ENGINEER is set forth in paragraphs 7.04 and 7.05 of the General Conditions and paragraphs SC 7.04.A and SC 7.04.D of the Supplementary Conditions.

10. SUBCONTRACTORS, ETC.

A. If the Supplementary Conditions require the identity-identities of certain

SUBCONTRACTORS and other persons and organizations to be submitted to OWNER in advance of the Notice of Award, the apparent Successful BIDDER, and any other BIDDER so requested, will within thirty (30) days after the day of the bid opening submit to OWNER a list of all SUBCONTRACTORS and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is so required.

Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such SUBCONTRACTOR, person and organization if requested by OWNER. If OWNER or ENGINEER, after due investigation-investigations, has reasonable objection to any proposed SUBCONTRACTOR, other person or organization, either may before giving the Notice of Award request the apparent Successful BIDDER to submit an acceptable substitute without an increase in bid price. If the apparent Successful BIDDER declines to make any such substitution, the contract shall not be awarded to such BIDDER, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any SUBCONTRACTOR, other person or organization so listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER.

B. In contracts where the contract price is on the basis of cost-of-the-work plus a fee, the apparent Successful BIDDER, prior to the Notice of Award, shall identify in writing to OWNER those portions of the work that such BIDDER proposes to subcontract and after the Notice of Award may only subcontract other portions of the work with OWNER'S written consent.

C No CONTRACTOR shall be required to employ any SUBCONTRACTOR, other person, or organization against whom he has reasonable objection.

D As provided in Article 7 of the General Conditions, the CONTRACTOR may utilize the services of SUBCONTRACTORS on those parts of the Work which, under normal contracting practices, are performed by SUBCONTRACTORS; provided, however that the CONTRACTOR shall not award subcontracts which total more than 75% of the total Contract Price based upon the unit prices within the Bid submitted to the OWNER by the

CONTRACTOR.

City of Olathe ITB-5 3-P-001-26

11. BID FORM

The bid form attached hereto is for reference only; bidders must download and complete the required bid form and enter line item unit amounts online at https://olatheks.bonfirehub.com.

12. SUBMISSION OF BIDS

Bids shall be submitted at the time and place indicated in the Invitation to Bid, only bids submitted electronically at https://olatheks.bonfirehub.com will be considered. A scanned copy of the BID BOND must be included with the online bid. Bidders shall acknowledge receipt of any bid addenda issued by signing the bid addendum form and uploading with the Bid.

13. MODIFICATION AND WITHDRAWAL OF BIDS

A. Bids may be modified or withdrawn online at any time up to the time and date of bid opening listed on the Notice to Bidders.

B. If, within twenty-four (24) hours after bids are opened, any BIDDER files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of his bid, that BIDDER may withdraw his bid and the Bid Security will be returned.

Thereafter, that BIDDER will be disqualified from further bidding on the work.

14. OPENING OF BIDS

Bids will be opened (publicly).

A. Bids will be opened publicly online at https://olatheks.bonfirehub.com. The online process shall be utilized in place of a bid opening meeting, unless otherwise noted in the contract documents. An abstract of the base bids and major alternatives (if any) will be available online after the opening of the bids.

B. When bids are opened publicly at a bid opening meeting they will be read aloud, and an abstract of the amounts of the base bids and major alternates (if any) will be made available after the opening of bids.

C. When bids are opened privately, an abstract of the same information will be made available to BIDDERS within seven (7) days after the date of bid opening upon receipt of a written request to the OWNER by the CONTRACTOR.

15. BIDS TO REMAIN OPEN

All bids shall remain open for sixty (60) days after the date of the bid opening, but OWNER may, in his sole discretion, release any bid and return the Bid Security prior to that date.

16. AWARD OF CONTRACT

A. OWNER reserves the right to reject any and all bids, to waive any and all informalities and to negotiate contract terms with the Successful BIDDER, and the right to disregard all nonconforming, non-responsive or conditional bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

City of Olathe ITB-6 3-P-001-26

B. In evaluating bids, OWNER shall consider the qualifications of the BIDDERS, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the bid forms. It is OWNER'S intent to accept alternates (if any are accepted) in the order in which they are listed in the bid form but OWNER may accept them in any order or combination.

C. OWNER may consider the qualifications and experience of SUBCONTRACTORS and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of SUBCONTRACTORS and other persons and organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by

OWNER.

D. OWNER may conduct such investigations as he deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the BIDDERS, proposed SUBCONTRACTORS and other persons and organizations to do the work in accordance with the Contract Documents to OWNER'S satisfaction within the prescribed time.

E. OWNER reserves the right to reject the bid of any BIDDER who does not pass any such evaluation to OWNER'S satisfaction.

F. If the contract is to be awarded it will be awarded to the lowest responsive and responsible

BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the project.

G. If the contract is to be awarded, OWNER will give the Successful BIDDER a Notice of

Award within sixty (60) days after the day of the bid opening.

17. PERFORMANCE AND OTHER BONDS

Paragraph 6.01 of the General Conditions and Section SC 6.01.A of the Supplementary

Conditions set forth OWNER'S requirements as to performance and other bonds. When the Successful BIDDER delivers the executed agreement to OWNER it shall be accompanied by the required Contract Security.

18. SIGNING OF AGREEMENT

When OWNER gives a Notice of Award to the Successful BIDDER, it will be accompanied by at least five (5) unsigned counterparts of the agreement and all other Contract Documents.

Within ten (10) days thereafter CONTRACTOR shall sign and deliver at least five (5) counterparts of the agreement to OWNER with all other Contract Documents attached. Within fifteen (15) days thereafter OWNER will deliver all fully signed counterparts to CONTRACTOR. ENGINEER will identify those portions of the Contract Documents not fully signed by OWNER and CONTRACTOR and such identification shall be binding on all parties.

19. SPECIAL LEGAL REQUIREMENTS

The contract awardee, if not a resident of Kansas, shall appoint a Process Agent as provided by the form in these documents. Refer to the Supplementary Conditions for further instructions.

20. NON-RESIDENT CONTRACTORS

City of Olathe ITB-7 3-P-001-26

A. If the Successful BIDDER is a corporation organized outside the state of Kansas, it will be necessary to apply to the Secretary of State for authority to engage in business in this state as a foreign corporation (see K.S.A. 17-7301 et. seg.).

B. All non-resident CONTRACTORS and SUBCONTRACTORS, as defined in K.S.A. 79-

1008, desiring to engage in the business of construction in the State of Kansas and who have not registered this contract with the Director of Revenue for the state of Kansas, post a good and valid surety bond in the sum of $1,000.00 and conditioned that all taxes, including contributions due under the employment security law, which may accrue to the state of Kansas and all taxes, including contributions due under the employment security law, which may accrue to the State of Kansas, and all taxes which may accrue to the political subdivisions thereof on such Contract shall be paid (see K.S.A. 79-1009 et. seg.).

21. EQUAL EMPLOYMENT OPPORTUNITY

Attention of BIDDERS is particularly called to the requirements for assuring that employees and applicants for employment are not discriminated against in the performance of any work done under the contract because of race, religion, color, sex, physical handicap unrelated to such person's ability to engage in the particular work, or national origin or ancestry.

22. TAX EXEMPTION

All applicable taxes, sales, consumer, use and other similar taxes, imposed by any taxing authority, on materials, equipment or supplies to be incorporated in the work, shall be tax exempt and not included in the Bid.

The low BIDDER shall be required to furnish taxing authorities any necessary information or reports pertaining thereto, as required.

Pursuant to KSA 79-3606, both services and materials for this project are exempt from the

Kansas Retailers' Sales Tax and the Kansas Compensating Tax. Within fifteen (15) days after the date of Contract, OWNER will provide a Kansas sales and compensating tax exemption certificate number to CONTRACTOR. CONTRACTOR and each SUBCONTRACTOR or repairman must furnish the exemption certificate number to each supplier on Kansas Sales Tax Division Form STD 74. The exemption certificate number shall be placed on all invoices for material to be incorporated in the work. All invoices shall be held by CONTRACTOR for five

(5) years, and shall be subject to audit by the Director of Taxation. Upon completion of the work, CONTRACTOR shall file with OWNER on a form provided by the Director of Taxation, a sworn statement that all purchases made under the exemption certificate were entitled to be exempt from the Kansas Retailers' Sales Tax and the Kansas Compensating Tax.

CONTRACTOR shall assume full responsibility for proper use of the exemption certificate number and shall pay all legally assessed penalties for improper use of the certificate number.

ADF - 1

***For completion by bid finalists ONLY***

When selected as the successful bidder for a contract with the City of Olathe, the Contracting Company, Firm or Agency will submit the following information in accordance with the requirements of the Municipal Code. All questions must be answered, and the data given must be clear and comprehensive.

If necessary, questions may be answered on separate attached sheets. This questionnaire must be notarized. Misrepresentation of fact will disqualify the bidder. Please e-mail the completed Questionnaire separately to your Olathe contract liaison if you are selected as a bid finalist. If you have already completed this questionnaire or received Compliance Certification after August 2017, you do not need to resubmit these forms unless there have been significant changes to your ownership and/or business practices. Instead, please submit the date and project number and project description related to your submission of these form. For questions, please contact the Office of Community Relations at

(913) 971-8827.

Name of Contracting Company, Firm or Agency:

Name of your Equal Employment Officer or designated contact person:

Address: ________________________________________________________

City: ______________________State: _____________________Zip: ________

Contact Person’s Phone: __________________________________________

Email: _______________________________________________________________

Type of Company, Firm or Agency: __________________________________

Name of Company, Firm or Agency President: _________________________

I certify that that my company:

1. Does not discriminate, will not discriminate, and has never discriminated against any employee or applicant for employment because of Race, Religion, Color, Sex, Age, Disability, National Origin or Ancestry.

Yes ☐ No☐

If No, explain

ADF - 2

2. Will adhere to Local, State, and Federal laws and mandates; and will adhere to Affirmative Action/Equal Opportunity in all its employment procedures including advertising, recruiting, hiring, training, promotions and upgrading.

3. Will require that any subcontractor my company hires for any work for the City comply with these non-discrimination policies.

I understand that an act of discrimination is a breach contract with the City. I also understand that the Community Relations Manager or designee is authorized to initiate investigations, receive discrimination complaints, and refer them to the Olathe Human Relations Commission on an ongoing basis. An Act of discrimination or a misleading or a dishonest response to this form may result in the contract being rescinded, terminated, or suspended in whole or in part.

Dated this ___________day of ____________, 202___.

Firm Name _________________________________________________________________

Signature of Person Completing Form: __________________________________________________________________

Print Name __________________________________________________________________

Title __________________________________________________________________

Email______________________________________ Phone _________________

To be completed by a Notary Public:

State of ___________________________

(County) of ________________________

Signed and sworn to (or affirmed) before me on _______________ by ___________________________.

(Signature of notarial officer)

(Seal)

Title (and Rank)

[My appointment expires: ________]

Revised September 96 BQ-1 City of Olathe

STATEMENT OF BIDDER'S QUALIFICATIONS

(To be submitted by the Bidder only upon specific request of the City of Olathe).

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires.

1. Name of Bidder:

2. Permanent main office address:

3. When organized:

4. If a corporation, where incorporated:

5. How many years have you been engaged in the contracting business under your present firm or trade name?

6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.)

7. General character of work performed by your company:

8. Have you ever failed to complete any work awarded to you?

If so, where and why?

9. Have you ever defaulted on a contract?

If so, where and why?

10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed:

11. Experience in construction work similar in importance to this project:

12. List your major equipment available for this contract:

Revised September 96 BQ-2 City of Olathe

13. Background and experience of the principal members of your organization, including the officers.

14. Credit available: $_______________________.

15. Give bank references:

16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Olathe?

17. The undersigned hereby authorized and requests any person, firm, or corporation to furnish any information requested by the City of Olathe in verification of the recitals comprising this Statement of Bidder's Qualifications.

Dated at ______________________this ________ day of _________________________, 20____.

By _________________________________

Title ________________________________

State of )

)ss

County of ) being duly sworn, deposes and says that he is ________________________________________________ of

___________________________________________________ and that the answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to me before this _____ day of _______________________, 20____.

Notary Public

My commission expires ________________________, 20_________.

Revised 2013 BB – 1 City of Olathe

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we ______________________________________________, a

___________________________________________ duly organized under the laws of the State of ___________, as PRINCIPAL, and

_____________________________________, a corporation duly organized under the laws of the State of ___________, as SURETY, are held and firmly bound unto the City of Olathe, Kansas, herein after called the City of Olathe, in the penal sum of ______ Percent of the Amount of Bid

( __%), for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated__________________________,20________, for the following project:

135th Street Arterial Mill and Overlay Project, PN 3-P-001-26.

NOW, THEREFORE, if the Principal shall not withdraw said Bids within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefore, or if no period be specified, within ten (10) days after the prescribed forms are presented to SURETY for signature, enter into a written Contract with the City of

Olathe in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the City of Olathe the difference between the amount specified in said Bid and the amount for which the City of Olathe may procure the required work or supplies for both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this _____ day of_____________________, 20____, the name and corporate seal of each corporate party being hereto affixed.

PRINCIPAL SURETY

_____________________________________________ (SEAL) _______________________________________________ (SEAL)

(Principal) (Surety)

Business Address: ___________________________________ By: __________________________________________________

___________________________________ Attorney-in-Fact, State of _______________________

By: _______________________________________________ Surety Phone No: ______________________________________

(Corp. Principal)

__________________________________________________ Witness: _____________________________________________ (Title)

Witness: ___________________________________________

UNITS APPROX. AMOUNT

QUANTITY DOLLARS CENTS DOLLARS

P.N. 3-P-001-26

1 MOBILIZATION LS 1

2 CONSTRUCTION STAKING LS 1

3 UNCLASSIFIED EXCAVATION CY 1,747

4 EMBANKMENT CY 27

5 REMOVE TYPE "B" CURB AND GUTTER LF 2,913

6 REMOVE TYPE "B" CURB AND GUTTER MODIFIED LF 3,682

7 REMOVE TYPE "E" CURB AND GUTTER LF 3,915

8 REMOVE TYPE "C" CURB AND GUTTER LF 180

9 REMOVE CONCRETE SIDEWALK (4') LF 1,177

10 REMOVE CONCRETE SIDEWALK (5') LF 5,490

11 REMOVE CONCRETE SIDEWALK (6') LF 22

12 REMOVE CONCRETE SIDEWALK (8') LF 220

13 REMOVE CONCRETE MEDIAN NOSE EACH 4

14 REMOVE 6" CONCRETE RESIDENTIAL DRIVEWAY SY 45

15 REMOVE 7" CONCRETE COMMERCIAL DRIVEWAY SY 114

16 TREE REMOVAL EACH 12

17 MILLING (2") SY 69,711

18 2" ASPHALTIC CONCRETE SURFACE (KCMMB A2) TON 8,212

19 6" ASPHALTIC CONCRETE BASE (KCMMB A2) TON 625

20 4" ASPHALTIC CONCRETE BASE (KCMMB A3) TON 530

21 6" MODIFIED AB-3 AGGREGATE BASE SY 8,391

22 TYPE "B" CONCRETE CURB AND GUTTER LF 2,898

23 TYPE "B" CONCRETE CURB AND GUTTER MODIFIED LF 3,682

24 TYPE "E" CONCRETE CURB AND GUTTER LF 3,861

25 TYPE "C" CONCRETE CURB AND GUTTER LF 180

26 ASPHALT CRACK REPAIR (6" DEPTH) SY 897

27 ASPHALT BASE REPAIR (4" DEPTH) SY 100

28 INSTALL CONCRETE MEDIAN NOSE EACH 4

29 INSTALL CONCRETE SIDEWALK (4') LF 165

30 INSTALL CONCRETE SIDEWALK (5') LF 3,320

31 INSTALL CONCRETE SIDEWALK (6') LF 71

32 INSTALL CONCRETE SIDEWALK (8') LF 5,464

33 INSTALL TYPE I SIDEWALK RAMP EACH 27

34 INSTALL TYPE II SIDEWALK RAMP EACH 4

35 INSTALL 6" CONCRETE RESIDENTIAL DRIVE SY 45

36 INSTALL 7" CONCRETE COMMERCIAL DRIVE SY 114

37 STAMPED CONCRETE (4") (COLORED) SF 176

38 SODDING SY 12,582

39 REMOVE EXISTING GUARDRAIL LF 222

40 INSTALL GUARDRAIL LF 112

41 INSTALL 15" RCP LF 14

42 REMOVE AND REPLACE CURB INLET TOP EACH 2

43 INLET (CURB) (6'X3') EACH 2

44 FIRE HYDRANT AND WATER VALVE ASSEMBLY EACH 1

45 REPLACE WATER METER PIT EACH 2

46 ADJUST WATER VALVE EACH 3

47 IRRIGATION SYSTEM MODIFICATION EACH 7

48 ADJUST MANHOLE TO PROPOSED GRADE EACH 6

49 EROSION CONTROL LS 1

50 TRAFFIC SIGNAL (BROUGHAM DRIVE) LS 1

51 TRAFFIC SIGNAL (BLACK BOB ROAD) LS 1

52 TRAFFIC SIGNAL MODIFICATION (BLACKFOOT DRIVE) LS 1

BID FORM

CITY OF OLATHE, KANSAS

P.N. 3-P-001-26

Schedule of Values

The following table is a list of bid items, estimated quantities, and the unit prices submitted by the bidder for the 135th Street Arterial Mill & Overlay

Project. (P.N. 3-P-001-26)

ITEM UNIT PRICE

P.N. 3-P-001-26 BF-1 City of Olathe

53 TRAFFIC SIGNAL MODIFICATION (GREENWOOD STREET) LS 1

54 4" SOLID YELLOW PAVEMENT MARKING (MMA) LF 580

55 6" SOLID WHITE PAVEMENT MARKING (MMA) LF 13,945

56 12" SOLID WHITE PAVEMENT MARKING (PREFORMED THERMO) LF 3,626

57 12" SOLID YELLOW PAVEMENT MARKING (PREFORMED THERMO) LF 39

58 24" SOLID WHITE PAVEMENT MARKING (PREFORMED THERMO) LF 772

59 SOLID WHITE LEFT TURN ARROW (PREFORMED THERMO) EACH 48

60 SOLID WHITE RIGHT TURN ARROW (PREFORMED THERMO) EACH 48

61 SOLID WHITE "ONLY" (PREFORMED THERMO) EACH 1

62 SOLID WHITE THROUGH / RIGHT TURN ARROW (PREFORMED THERMO) EACH 1

63 SIGNING LS 1

64 TRAFFIC CONTROL LS 1

65 STREET LIGHTING LS 1

66 INSTALL AND REMOVE OLATHE STREET MAINTENANCE SALES TAX SIGN EACH 4

67 MOBILIZATION (SMP ELIGIBLE) LS 1

68 CONSTRUCTION STAKING (ELIGIBLE) LS 1

69 EROSION CONTROL (SMP ELIGIBLE) LS 1

70 TRAFFIC CONTROL (SMP ELIGIBLE) LS 1

71 REMOVE TYPE "B" CONCRETE CURB & GUTTER (SMP ELIGIBLE) LF 747

72 REMOVE TYPE "E" CONCRETE CURB & GUTTER (SMP ELIGIBLE) LF 42

73 REMOVE CONCRETE SIDEWALK (4') (SMP ELIGIBLE) LF 644

74 REMOVE CONCRETE SIDEWALK (5') (SMP ELIGIBLE) LF 248

75 INSTALL CONCRETE SIDEWALK (8') (SMP ELIGIBLE) LF 472

76 FULL DEPTH STREET PATCH (SMP ELIGIBLE) SY 213

77 INSTALL TYPE "B" CONCRETE CURB & GUTTER (SMP ELIGIBLE) LF 747

78 INSTALL TYPE "E" CONCRETE CURB & GUTTER (SMP ELIGIBLE) LF 42

79 REMOVE CONCRETE MEDIAN NOSE (SMP ELIGIBLE) EACH 1

80 INSTALL CONCRETE MEDIAN NOSE (SMP ELIGIBLE) EACH 1

81 REMOVE 15" STORM SEWER PIPE (SMP ELIGIBLE) LF 90

82 REMOVE 18" STORM SEWER PIPE (SMP ELIGIBLE) LF 102

83 REMOVE 24" STORM SEWER PIPE (SMP ELIGIBLE) LF 243

84 REMOVE 30" STORM SEWER PIPE (SMP ELIGIBLE) LF 226

85 REMOVE 36" STORM SEWER PIPE (SMP ELIGIBLE) LF 616

86 REMOVE 42" STORM SEWER PIPE (SMP ELIGIBLE) LF 181

87 INSTALL 15" RCP (SMP ELIGIBLE) LF 90

88 INSTALL 18" RCP (SMP ELIGIBLE) LF 102

89 INSTALL 24" RCP (SMP ELIGIBLE) LF 243

90 INSTALL 30" RCP (SMP ELIGIBLE) LF 226

91 INSTALL 36" RCP (SMP ELIGIBLE) LF 616

92 INSTALL 42" RCP (SMP ELIGIBLE) LF 181

93 JUNCTION BOX (5'X5') (SMP ELIGIBLE) EACH 1

94 INLET (CURB) (8'X5') (SMP ELIGIBLE) EACH 1

95 IRRIGATION SYSTEM MODIFICATION (SMP ELIGIBLE) EACH 1

96 TREE REMOVAL (SMP ELIGIBLE) EACH 1

97 SODDING (SMP ELIGIBLE) SY 191

ASPHALT MATERIAL INDEX:

The undersigned successfully completed the bid process online at https://olatheks.bonfirehub.com and affirms that the schedule of values table above matches the unit prices, line item amounts, and bid total amount submitted electronically.

The price included for Asphaltic Concrete Surface will be based on the computed monthly Asphalt Material Index for the month of the bid opening. If the current month is not available at the time of bid opening, the index value for the month prior to bid opening shall be used, as listed at the following web site, http://www.ksdot.org/burconsmain/ppreq/asphaltpriceindex.asp. The bid unit price for Asphaltic Concrete Surface shall be adjusted in subsequent months based on specification number 15-01009, Asphalt Price

Adjustment, in the 2015 Edition of Kansas Department of Transportation Special Provisions for the Standard Specification.

TOTAL:

P.N. 3-P-001-26 BF-2 City of Olathe

Contractor

By

Title

Date

Contact Person

Telephone Number

P.N. 3-P-001-26 BF-3 City of Olathe

AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

THIS AGREEMENT is dated as of the _____ day of _____________________, 20___ (“Effective Date”), by and between the City of Olathe, Kansas (“Owner”) and ___________________________________________________ (“Contractor”). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

MILL AND OVERLAY ON 135TH STREET (INDIAN CREEK TRAIL TO PFLUMM ROAD) INCLUDING

BASE AND SUBGRADE REPAIRS (AS NEEDED), CONCRETE CURB AND SIDEWALK REPLACEMENT,

INSTALLATION OF ADA COMPLIANT SIDEWALK RAMPS, INSTALLATION OF WIDE SHARED USE

PATH ON THE SOUTH SIDE, PLACEMENT OF PAVEMENT MARKINGS, STORMWATER

IMPROVEMENTS, SIGNAL DETECTIONS REPLACEMENT, AND INSTALLATION OF NEW SIGNALS AT

INTERSECTIONS OF BLACK BOB ROAD AND BROUGHAM DRIVE.

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: 135th Street Arterial Mill and Overlay Project, Project Number 3-P-001-26.

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by George Butler Associates, Inc..

3.02 The Owner has retained George Butler Associates, Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

B. Notice to Proceed will be given no later than May 4, 2026.

4.02 Contract Times: Days

A. The Work will be substantially completed within 165 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 178 days after the date when the Contract Times commence to run.

EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page xiv

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $1,500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount that follows, subject to adjustment under the Contract:

[Here insert a lump sum, unit prices or both, if necessary attach exhibits and list them in Article 8.]

[CONTRACTOR's Bid may be attached as an exhibit to avoid lengthy retyping of unit price schedules, formulae for escalation of prices, information as to alternatives, etc.]

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the first day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page xv

Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract.

a. 95% percent of Work completed (with the balance being retainage) and

b. 95% percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 97% of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200% of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

NOTE(S) TO USER:

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06.

ARTICLE 7 – INTEREST

7.01 All amounts not paid when due shall bear interest at the rate prescribed under K.S.A. 16-1901 et seq., and any amendments thereto.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, if any.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page xvi

E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs, if any such reports and drawings are so identified.

F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

A.…