1-4-C-35-24 Signage Pilot Project Project Manual.pdf

Contract Documents for:

Pilot Project for City of Olathe Signage & Wayfinding for Parks, Trails and Unique Places

4-C-035-24

Prepared by:

City of Olathe, Kansas

Infrastructure Department

Engineering Division

CITY OF OLATHE

INSTRUCTIONS TO RESPONDENTS AND GENERAL TERMS AND CONDITIONS

1. SCOPE: The instructions to respondents and general conditions apply to transactions for material, equipment, supplies or services with an estimated single or combined cost over $100,000.00. These conditions shall be in force unless otherwise modified by the City in this document. Respondents shall be advised that the City of Olathe is not responsible for the content of any BID package received through any 3rd party bid service other thanhttps://olatheks.bonfirehub.com/. It is the sole responsibility of the respondents to ensure the completeness of the documents received from any 3rd party source other thanhttps://olatheks.bonfirehub.com/.

2. DEFINITIONS (AS USED HEREIN):

A. The term "Request for Proposals" means a solicitation of proposals. The acronym "BID" means Request for Proposals.

B. The term "respondents”, “supplier", “Contractor” or “respondent” means the person or organization responding to the

Request for Proposals.

C. The term “Contractor/Respondent” means a person or organization who is the successful respondents and who enters into a contract with the City.

D. The term “change order” means a written order from the Procurement Manager directing the respondents to make changes to a contract.

E. The term "City" means the City of Olathe, Kansas.

F. The term “City Council” means the governing body of the City of Olathe.

3. SUBMISSION AND RECEIPT OF PROPOSALS: Proposals shall be submitted in accordance with the specific instructions contained in the BID document. Proposals must be received prior to the specified time of closing as designated in the BID. All references to time shall be Olathe, Kansas time. Late proposals will be rejected.

All proposals will be held in confidence until a contract recommendation has been made or all proposals are rejected. All materials submitted in response to this BID will become the property of the City and may be returned only at the City’s option and at the respondent’s expense.

Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, samples will be returned at the respondent's expense unless otherwise specified in the BID. Failure to follow these procedures may be cause for rejection of proposal.

4. BID DOCUMENT MISTAKES: (Kansas statues K.S.A. 75-6901 through 75-6906). The respondent shall not be allowed to modify or correct mistakes in the BID document after the closing of the proposal. Failure to respond to the entire proposal may result in declaring the proposal as non-responsive and the proposal may be rejected.

Telephone, fax, e-mail, or verbal alterations of a proposal will not be accepted. A proposal that is in the possession of the Procurement Division may be altered only by submission of an alternate sealed proposal signed by the person authorized for responding, provided it is received prior to the time and date of closing.

Proposals may not be withdrawn after the BID closing time and date if a proposal mistake is based upon an error in judgment. If a nonjudgmental mistake, such as a math error, is suspected by the City or the respondent, the respondent shall request within two (2) business days of the BID closing for the City to consider verification of the mistake. Once a proposal has been verified, it shall be considered submitted as verified.

5. ACCEPTANCE OF OFFER: Proposals submitted shall be considered an offer on the part of the respondents; such offer shall be deemed accepted upon issuance by the City of a Purchase Order, Price Agreement, or other contractual document.

6. PRICING: Bidder proposes to furnish and deliver items ordered from this bid F.O.B. Olathe, Kansas. Pricing shall include all travel, shipping, freight, surcharges, and handling costs. Bidder signifies that they have read all bid documents and are providing detailed, expressed warranties with this bid. It shall be unacceptable for any bidder to make the statement "see specifications" instead of listing all exceptions and additions in the specifications of this bid document. Bidders shall enter unit pricing on https://olatheks.bonfirehub.com/ https://olatheks.bonfirehub.com/ where indicated. Failure to provide any requested information may result in rejection of your bid.

7. FIRM PRICES: The respondents warrant that prices, terms, and conditions quoted in their proposal will be firm for acceptance for a period of not less than ninety (90) days from the closing date unless otherwise specified in the BID. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed over a period of time.

8. F.O.B. OLATHE, KANSAS: Unless otherwise specified in the BID, all prices quoted by the respondents must be F.O.B. Olathe, Kansas with all delivery, handling, surcharges, and other charges included in the proposed price. Failure to do so may cause rejection of proposal.

9. THIRD PARTY FREIGHT SERVICE: The City of Olathe may, at its discretion, use a third-party freight service to arrange for delivery of the goods ordered as a result of this solicitation. In this case, the freight terms will be FOB Destination/Third Party Prepaid.

10. DISCOUNTS: Cash discounts will be considered in determining the award. Unless otherwise specified in the BID, discounts offering 10 days or more will be taken by the City's Accounts Payable Division with payment being made on the nearest pay period subsequent to receipt, inspection, and acceptance of articles, and receipt of correct invoice(s).

11. VARIATIONS OF SPECIFICATIONS: For purposes of evaluation, respondents must indicate any variances from stated specifications or requirements, terms or conditions, no matter how slight. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with the City's specifications.

In the event that satisfactory proposals are not received, the City reserves the right to consider alternate proposals containing deviations from stated specifications as non-responsible.

12. QUALITY: Unless otherwise specified in the BID, all materials used in the manufacture or construction of supplies, materials, or equipment covered by this BID shall be new, of the latest make or model, the best quality, and highest-grade workmanship currently available.

13. ACCEPTANCE OF MATERIAL: The material delivered under this proposal shall remain the property of the respondents until a physical inspection and actual usage of this material and/or service is made, and thereafter is accepted to the satisfaction of the City. It must comply with the terms herein, and fully comply with the specifications. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the respondents and return product to respondents at the respondent’s expense.

14. DELIVERY: Respondents shall indicate the number of days required to make delivery and provide installation or to complete service after receipt of a purchase order or contract. Delivery time may be considered in making an award.

15. COPYRIGHT OR PATENT RIGHTS: Respondents warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of the proposal and respondents agrees to hold the City harmless from any and all liability, loss or expense occasioned by any such violation.

16. TAXES: The City of Olathe is exempt from any taxes imposed by the State and Federal Government. Exemption certificates will be provided upon request; Kansas Tax Exempt No. KS6XLFHVA1, Exp. 10/01/2020.

17. CITY ORDINANCE #3.50.140 - LOCAL PREFERENCE STANDARDS: For supplies, materials, and equipment acquired through bids, where an award is to be made to the lowest responsive and responsible bidder, a bid from a local business may be selected over the lowest responsive and responsible bid only if:

A. The bid from the local business is responsive and responsible;

B. The quality, suitability, and usability of the supplies, materials, and/or equipment are equal to that of the lowest responsible bidder; and

C. The amount of the bid of the local business does not vary more than two percent (2%) and does not exceed Five Thousand Dollars ($5,000) above the amount of the lowest responsible bid. Such a variance shall be calculated based on the total contract price.

The local preference described in this Section shall not apply to bids in which federal funds or other governmental funds are used when the use of such funds prohibits the application of local preference policies.

18. PERSONNEL PRACTICES: Respondents must comply with K.S.A... 44-1030 et. seq., mandatory provisions of the Kansas Acts

Against Discrimination as applied to state and local government contracts, which: (1) precludes discrimination against any person in the performance of work under this contract because of race, religion, color, sex, national origin or ancestry; (2) require solicitations or advertisements for employees include the phrase "equal opportunity employer"; and (3) allows the City to terminate their contract for default if provisions of the act are violated.

Chapter 2.44 of the Olathe Municipal Code also prohibits discrimination against individuals in the performance of this contract as a matter of concern to the City, since such discrimination threatens not only the rights and privileges of the inhabitants of the City but menaces the institutions and foundations of a free democratic state. The affirmative action program is designed to ensure a good faith effort will be made to employ applicants and to treat employees during employment equally without regard to race, color, creed or religion, physical handicap, national origin or sex.

All respondents who are awarded a Class I Contract ($10,000 or more in aggregate) are required to complete a Questionnaire on Personnel Practices for the City’s Office of Fair Housing and Equal Opportunity, 200 West Santa Fe, Olathe KS 66061, 913-971- 6493. Form must be completed and approved by the FHEO before contract for goods or services is in effect. Approved respondents will be issued a certification number by FHEO. Certification must be renewed annually.

The City of Olathe actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e. citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The respondents shall establish appropriate procedures and controls so no services or products in response to this BID will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

19. W-9 REQUIREMENT: The City of Olathe requires a Form W-9 (Request for Taxpayer Identification Number and Certification), updated annually, from all respondents that do business with the City of Olathe. The Form W-9 verifies the Tax Identification Number of the respondents so the City can correctly report to the IRS all funds paid to the respondents. A W-9 Form must be completed as a part of the respondent’s registration process on app.Negometrix.com. Form W-9 can also be found at http://www.irs.gov/pub/irs-pdf/fw9.pdf. No payment shall be made to respondents without a current W-9 form being filed with the City of Olathe.

20. PURCHASING CARDS: The City of Olathe has implemented a procurement card program to streamline its purchasing process and to expedite payments to its suppliers. We encourage your acceptance of the City’s VISA P-card. Payments made to the successful respondent of this solicitation process will, if at all possible, be by use of a VISA Purchasing Card.

21. PAYMENT: Payment for materials or services received under this contract will be made upon completion of delivery for each purchase order and submission of invoice to the Accounts Payable Division, apolathe@olatheks.org or mail to PO Box 768, Olathe KS 66051-0768. Normal pay periods for the City is every other Friday.

22. INVOICING All invoices submitted for payment must be itemized to include a detailed breakdown of all items, name of person who placed order, location of work to be performed and work order number and equipment unit number. Invoices must not exceed original estimate unless prior authorization has been given by the department supervisor or their designee. The invoice shall be mailed to the attention of Accounts Payable, PO Box 768, Olathe KS 66051-0768 or emailed to: apolathe@olatheks.org http://app.negometrix.com/ http://www.irs.gov/pub/irs-pdf/fw9.pdf mailto:apolathe@olatheks.org mailto:apolathe@olatheks.org

INVOICES MUST BE SUBMITTED TO APOLATHE@OLATHEKS.ORG WITHIN 30 DAYS OF COMPLETED WORK. Failure to submit invoices in a timely manner may result in payments being delayed.

23. PAYMENT TERMS: The City of Olathe will only accept payment terms of Net 30 days.

Will your company accept the City’s VISA P-Card for payment without additional cost? Yes No:

24. COOPERATIVE PURCHASING BY OTHER INSTITUTIONS UNDER THIS CONTRACT: If the City of Olathe awarded you the proposed

Contract, you hereby agree to sell, under the prices and terms of this Contract, to any Municipal, County, Public Utility, Hospital, or Educational Institution located within the Greater Kansas City Metropolitan Trade Area? (All deliveries are to be F.O.B.

Destination and there shall be no obligations on the part of any member of such chapter to utilize this Contract).

(Check One) Yes No Minimum order if, applicable $ Pricing for cooperative purchases will remain in effect through

25. INDEMNITY: Loss: For purposes of indemnification requirements, the term "Loss" means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including attorney's fees and the cost of defense), in connection with any action, proceeding, demand or claim for injury, including death, to any person or persons or damages to or loss of, or loss of the use of, property of any person, firm, or corporation, including the parties hereto, which arise out of or are connected with the performance of this Agreement.

Indemnification and Hold Harmless: For purposes of this Agreement, Consultant agrees to indemnify, defend, and hold harmless City and its agents from any and all Loss where Loss is caused or incurred as a result of the intentional misconduct, recklessness, negligence, or other actionable fault of Consultant or its subcontractors.

Comply: Exception:

26. GOVERNING LAW: Any agreement resulting from this solicitation shall be interpreted under and governed by the laws of the state of Kansas.

27. ESCALATION/ DE-ESCALATION CLAUSE: In the event prevailing market conditions warrant an adjustment in contract pricing, the following escalation/de-escalation clause shall be the only clause acceptable to the City:

A. Respondents shall give written notice to the Procurement Manager of any proposed changes from contract prices not less than fifteen (15) calendar days prior to the effective date of price changes.

B. Such notice must be accompanied by a copy of the supplier’s notification to the respondents of a justifiable price change.

C. No price escalation will be authorized in excess of the amount of the increase indicated on the supplier’s notice.

D. The approved price change shall be honored for all orders received by the respondents after the effective date of such price change.

E. Approved price changes are not applicable to orders already issued and in process at time of price change.

F. The City reserves the right to audit and/or examine any pertinent books, documents, papers, records, or invoice relating directly to price increase after reasonable notice and during normal business hours.

G. The Procurement Manager retains the right to determine whether or not such proposed price changes are in the best interests of the City.

H. If any proposed increase is found unacceptable, the Procurement Manager reserves the right to cancel the contract upon fifteen (15) calendar days’ written notice.

I. Respondents must tie any price change clause to an industry-wide or otherwise nationally recognized index or some other form of verifiable document. Respondents will put the Procurement Manager on the mailing lists for such publications so the Procurement Manager can monitor said changes. Such membership will be at no cost to the City.

J. If parties to the contract cannot agree on renewal terms, it is understood that the contract will be cancelled, and a new contract will be solicited.

28. ADDITIONAL INFORMATION: Additional information may be obtained from the Procurement Division Office at (913) 971-9005 or www.olatheks.org.

mailto:APOLATHE@OLATHEKS.ORG http://www.olatheks.org/

By signing below, I hereby acknowledge that I have reviewed, understand, and agree to be bound by all terms and conditions set forth above.

By: ___________________________________________________

Printed Name: _________________________________________

Title: _________________________________________________

Firm Name: ___________________________________________

Address: ______________________________________________

BID FORM

4-C-035-24

1. THE UNDERSIGNED BIDDER, having familiarized himself with the work required by the Contract Documents, the site where the work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the work and having satisfied himself of the expense and difficulties attending performance of the work,

2. HEREBY PROPOSES and agrees, if this bid is accepted, to enter into agreement in the form attached to perform all work, including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in and form a permanent part of the work; tools, equipment, supplies, etc.

Pricing: City of Olathe Pilot Project

SIGN TYPE # /

DESCRIPTION

QTY

FABRICATION

COST

INSTALLATION

COST

TOTAL COST

A.3A Freestanding Park Identification (Double Sided)

2 $ $ $

C.1 Freestanding Parking Identification 4 $ $ $

D.1 Freestanding Directory 1 $ $ $

E.1 Freestanding Pedestrian Directional 1 $ $ $

F.1 Freestanding Trail Identification

1 $ $ $

F.2 Freestanding Trail Identification & Directional

1 $ $ $

G.1 Freestanding Mile Marker

5 $ $ $

H.2 Wall/Fence Mounted Field Identification

2 $ $ $

H.3 Mounted Shelter Identification

2 $ $ $

All Additional Costs (shipping, engineering, shop drawings, etc.) $

Total Cost of All Signs: $

THE UNDERSIGNED successfully completed the bid process online at https://olatheks.bonfirehub.com/portal/?tab=openOpportunities and agrees to furnish the required Statutory bond and to enter into a contract with the City of Olathe after the acceptance of this proposal and further agrees to complete the entire work covered by this proposal.

The Bidder acknowledges receipt of addenda ____________________.

Contractor

By

Title

Date

Telephone Number

Contact Person https://olatheks.bonfirehub.com/portal/?tab=openOpportunities

BIDDER INFORMATION

4-C-35-24

City of Olathe

Introduction

This is a Pilot Project for the City of Olathe’s Signage & Wayfinding for Parks, Trails and Unique Places project. The location is Frontier Park located at 15501 Indian Creek Pkwy, Olathe, KS. This park is centrally located. The park features baseball fields, a playground, a soccer field, picnic shelters and easy access to the Indian Creek Trail, a regional trail that winds its way through the park. Sign types include park identification, directory, trail identification, parking identification and directional signs.

Inquiries

Respondents shall make NO CONTACT – either written or verbal – with members of the City of Olathe Council, City of Olathe Legal Counsel, or any City of Olathe employees during the period beginning with the issuance of this document through approval of award. Any attempt by respondents to influence any of the aforementioned individuals may be grounds to disqualify the respondents from participation in the selection process of this BID.

It should be noted that other information provided in your response will be considered proprietary and will not be divulged during the process as authorized by K.S.A 45-217 (Kansas Open Records Act).

Because contractual agreements of this nature require the expenditure of public funds and or use of public facilities, the successful bidder shall understand that portions (potentially all) of their information (including any final contracts) will become public record after its acceptance by the City Council.

Contract Award

An official contract or agreement is not binding until bids are reviewed and accepted by appointed staff, approved by the appropriate level of authority within the City and executed by the parties. The City anticipates that the final contract will be in substantial conformance with the Sample Standard Contract;

nevertheless, Respondents are advised that any contract which may result from the BID may deviate from the Sample Standard Contract.

Pre-Contractual Expenses

The City shall not, in any event, be liable for any pre-contractual expenses incurred in the preparation of a vendor’s submittal, prior to execution of the contract by both parties. Precontractual expenses are defined as expenses incurred by the vendor in:

• Preparing and submitting qualification(s) to the City;

• Preparing and submitting bid(s) to the City;

• Negotiations with the City on any matter related to the contract terms, professional fees, and schedule

• Any other expenses incurred by the respondent prior to reaching an agreement of the contract with the City.

All prospective bidders will be afforded an opportunity to submit statements of qualifications in response to this request and will not be discriminated against on the basis of race, religion, color, national origin, age, sex, disability or any other protected class in receiving consideration for an award of any contract entered into pursuant to this Request.

Bid Document Mistakes

(Kansas statues K.S.A. 75-6901 through 75-6906). The respondent shall not be allowed to modify or correct mistakes in the BID document after the closing. Failure to complete the entire submittal may result in declaring the submittal as non-responsive and the submittal may be rejected. A submittal that is in the possession of the Purchasing Division may not be altered after time and date for closing. E-mail, fax, telegram, telephone, or verbal alterations of a submittal will not be accepted. Respondent may submit an alternative sealed submittal bearing the signature of person authorized for offering a submittal, provided it is received prior to the time and date of closing. A submittal that is in the possession of the Purchasing Division may be withdrawn by the respondent up to the time of the BID closing.

Indemnification

Loss: For purposes of indemnification requirements, the term "Loss" means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including reasonable attorney's fees and the cost of defense), in connection with any action, proceeding, demand or claim for injury, including death, to any person or persons or damages to or loss of, or loss of the use of, property of any person, firm or corporation, including the parties hereto, which arise out of or are connected with the performance of this Agreement.

Indemnification and Hold Harmless: For purposes of this Agreement, Consultant agrees to indemnify, defend, and hold harmless the City and the Olathe Housing Authority and their agents from any and all Loss where Loss is caused or incurred as a result of the intentional misconduct, recklessness, negligence, or other actionable fault of the contractor or its subcontractors. Neither acceptance of completed work nor payment therefor nor termination or expiration of this Agreement releases Consultant of its obligations under this paragraph.

Appropriations Clause

The City is subject to the Kansas Cash Basis Law. Accordingly, execution and continuation of the contract is contingent upon annual appropriation of funds by the applicable legislative body in an amount sufficient to allow performance in accordance with the terms and conditions of the contract. The City shall, upon receipt of notice by the appropriate authority that sufficient funds are not available to continue full and faithful performance of the contract, provide prompt written notice to the Respondent of such event, and effective thirty (30) days after giving such notice or upon the expiration of the period of time for which funds were appropriated, whichever comes first, be thereafter released of all further obligations in way related to the contract.

Project Management and Construction Management

Tangram Design, LLC (Designer) designed the wayfinding signage system and was hired by the City of Olathe to provide design services on this signage project. Designers shall observe, review and advise on the sign fabrication and installation process for the City of Olathe. Activities or services in which they may lead or participate shall include but is not limited to:

• Attend pre-bid meeting and pre-construction meeting

• Assist City of Olathe with contractor questions and bid addenda

• Review shop drawings and product samples to verify compliance with design intent

• Answer Requests for Information

• Provide post-installation punch list inspections.

Scope of Services

The Work includes and consists of all labor, operations, materials, accessories, incidentals, services and equipment indicated, specified, mentioned, scheduled or implied per the BID Documents to fabricate and install the Pilot Project. Services are to be completed by 12-31-25. Throughout the project the selected vendor will coordinate and work with the Designer to assure technical conformance and fidelity in executing the Design Intent of the signage. Paint samples must be supplied to the Designer for review and approval to ensure the color matches the approved paint colors. Paint samples must include all paint layers that would be used on the final product (i.e. primer, topcoat, clear coat etc.) Paint samples and shop drawings are to be reviewed and approved by the City of Olathe and Designer before full fabrication shall commence. After approval, vendor shall fabricate and install all signage components or other related items of work. Contractor shall supply the City of Olathe final as-built drawings in an electronic format. All materials, services and/or work not specifically mentioned which are necessary to provide a complete project shall be included in the proposal and shall conform to all Local, State, and Federal requirements.

Schedule

The following is a tentative schedule for bidding and construction:

September 03, 2025

September 18, 2025

September 24, 2025

September 30, 2025

September 30, 2025

September 30, 2025

October 21, 2025

October 30, 2025

Project advertised via Bonfire

Pre-Bid Meeting

Questions due to City, 5:00 PM CST

Bid Opening Date, 5:00 PM CST

Announce Lowest Competitive Bidder

Commence Agreement and Bond Work

City Council Approval

Pre-Construction Meeting/Work Begins

Contractor Responsibilities

• The Contractor shall and will, in good quality manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities, and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract and any and all supplemental plans and drawings, and in accordance with the direction of the Owner as given from time to time during the progress of the work. The Contractor shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required.

The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of the City of Olathe.

• Contractors are expected to examine all Drawings, Specifications, instructions and/or requirements of this BID package and corresponding documents. Failure to do so will be at the respondent’s risk. The BID and all referenced documents must be considered in preparation of

Contractor’s proposal. The City of Olathe assumes no responsibility for errors or misinterpretations resulting from the use of the BID Documents.

• The Contractor will procure and apply for all permits, licenses, and approvals necessary for the execution of the work. The cost of permits, and all other licenses and fees necessary for the completion of this project, is the responsibility of the Contractor. The Contractor shall comply with all laws, ordinances, rules, orders, and regulations relating to the performance of the work, the protection of adjacent property and the maintenance of passageways.

• The Contractor shall coordinate with City of Olathe and other agencies to secure approval of sign locations from all impacted jurisdictions. Contractor shall ensure sign locations will not impact any underground utility infrastructure.

• Contractor proposes and agrees, if this proposal is accepted, to perform all work and/or services as specified or indicated in the BID Documents for the prices and within the times indicated in this BID and in accordance with the other terms and conditions of the BID Documents.

Respondent acknowledges that they have included the cost of all insurance requirements, permits, bonds and taxes as required, and will execute and return same in the time allotted within the general conditions of the BID Documents and subsequently issued Contract.

• Contractor is satisfied as to the general, local and site conditions that may affect cost, progress, and performance of the work and/or services.

• Contractor does not consider that any further examinations, investigations, explorations, tests, studies, specifications, or data is necessary for the determination of this BID for performance of the work and/or services at the price(s) proposed and within the times and in accordance with the other items and conditions of the BID Documents.

• Contractor has given the City of Olathe and Designer written notice of all conflicts, errors, ambiguities or discrepancies that the respondent has discovered in the BID Documents, and the written resolution thereof by the City of Olathe and Designer is acceptable to respondent. The

BID Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work and/or services for which this proposal is submitted.

• Any assumption, exception or exclusion related to any part of the BID Documents must be noted prior to submitting proposal(s) and may result in respondent being disqualified or reduced in standing. Assumptions, exceptions or exclusions taken after issuance of a “Notice of Award” document may also result in disqualification.

Material Requirements

It is the responsibility of each Contractor to verify the availability of material(s), delivery schedules, fabrication and manufacturing schedules and other pertinent data prior to submission of their proposal;

and the responsibility of the successful respondent to provide same after award of the BID. It is the responsibility of the respondent to notify the City of Olathe immediately if material(s) specified are discontinued, replaced, or not available for an extended period of time. The City of Olathe reserves the right to charge back additional costs, including but not limited to, freight, special handling, and purchase price difference due to delays, etc., to the successful respondent when items are not supplied as proposed.

Failure of a respondent to furnish, within the time specified per the BID for equipment, supplies, materials, services, and/or other items on which a BID award is made, shall be cause for removal of respondent from the project.

Substitutions for any materials identified in the Design Intent document is not allowed. Should the Respondent be contracted based on a proposal that assumes substitutions, the Respondent shall be responsible for providing all elements as originally indicated at their own expense.

Subcontracting

The Contractor may utilize the services of specialty subcontractors on those parts of the work that under normal contracting practices are performed by specialty contractors. The Contractor must be able to perform a majority of the work at their own facility. Subcontractors shall have a supportive role to the project and should not individually or collectively have a higher percentage of work to perform than the Contractor. The Contractor shall be as fully responsible to the City of Olathe for the acts and omissions of their subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for the acts or omissions of persons directly employed by the Contractor.

Extras

Without invalidating the contract, the City of Olathe may order extra work of the kind bid upon, or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the bid proposal, and no claims for extra work or materials shall be allowed unless the work is ordered in writing by the City of Olathe and the price is stated in the order.

Correction of Work

All work, all materials whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the City of Olathe who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of construction for the purposes of which they are used. Should they fail to meet the City of Olathe’s approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at the Contractor's expense. Rejected material shall immediately be removed from the site. If, in the opinion of the City of Olathe, it is undesirable to replace any defective or damaged materials, or to reconstruct or correct any portion of the work injured or not performed in accordance with the contract documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amounts as in the judgment of the City of Olathe shall be equitable.

Bid Requirements

Submittal shall be printed onto 8.5"x11" paper and should be no more than 30 single-sided pages in total length, including cover letter. If necessary, project schedules may be submitted on 11"x17" paper to ensure that they are legible. Key personnel resumes will not be included in the page limit. Covers and tabs will not be included in the page limit. Submittals should be prepared as simply as possible and provide a straightforward, concise description of the respondent’s capabilities to satisfy the requirements of the BID. Utmost attention should be given to accuracy, completeness, and clarity of content. All parts, pages, or tables should be numbered and clearly labeled in the structure provided below:

Proposals (submittals) shall include, at a minimum, the following:

A. Company Information

Provide information regarding company history, square footage of manufacturing space, list of on-site equipment or capabilities and any other qualifications that allow for the work requested per this BID.

B. Relevant Experience

Prime Contractor must have at least five (5) years of experience in manufacturing and installing exterior signage. Experience in manufacturing wayfinding signage systems for municipalities is preferred.

Respondents who do not meet this qualification will be rejected as non-responsive and will not receive further consideration.

Provide 3-5 examples of relevant projects of a similar nature and type of work, scope, construction management challenges, schedule performance, design management requirements etc. Include a description of the project and photographs. Referenced projects shall have been performed within the past seven (7) years.

D. Work Samples

Supply two (2) samples of engineering construction drawings used on other exterior wayfinding signage projects, no more than two (2) pages each.

E. Project Team

Contractor must have access to sufficient, skilled labor force to complete project in a timely manner including a phased work approach at no additional cost to the City of Olathe. Provide an organizational chart that identifies all key personnel that will be assigned to this project which must include: Owner or Principal, project manager, shop manager, installation manager, and technical designer.

F. Subcontractors

Prime contractor must be able to perform a majority of the work within their own facility.

Subcontractor’s shall have a supportive role to the project and should not individually or collectively have a higher percentage of work to perform than the prime.

For all subcontractors, provide the following information: 1) Supply the company name and contact information of the subcontractor. 2) List what services the subcontractor is expected to provide. 3) Indicate the percentage of work that is to be completed by the subcontractor.

G. References

Provide the names and contact information (contact name, company or institution name, phone, address, and email) for 3 individuals who can speak to the firm’s past performance on similar projects.

H. Project Schedule

Provide a project schedule, in GANTT format, that identifies start date, duration of tasks or project activities, dependencies of subcontractors or between tasks (i.e. material acquisition), review and approval time frames, and completion date.

H. Kansas Certificate of Good Standing

All contractors awarded a contract in the amount of $25,000 or higher are required to submit a current Kansas Certificate of Good Standing to the City with a valid verification code, upon award of contract.

The Certificate is issued by the Kansas Secretary of State’s Office and affirms that a business has complied with the applicable provisions of the laws of the state of Kansas, is in good standing, and authorized to transact business or to conduct affairs within this state. Access the Kansas Secretary of State website at http://www.sos.ks.gov/other/articles_of_formation.htm for information. Kansas companies can file online.

http://www.sos.ks.gov/other/articles_of_formation.htm

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AGREEMENT

BETWEEN OWNER AND CONTRACTOR

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 (collectively, “Parties”), 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:

This is a Pilot Project for the City of Olathe’s Signage & Wayfinding for Parks, Trails and Unique Places project. The project location will be Frontier Park located at 15501 Indian Creek Pkwy, Olathe, KS. Sign types include park identification, directory, trail identification, parking identification and directional signs. Fabrication and installation of all sign products are the responsibility of the Contractor.

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: City of Olathe, Kansas - Signage & Wayfinding for Parks, Trails and Unique Places - Pilot Project for Frontier Park

ARTICLE 3 – ENGINEER

3.01 Intentionally deleted.

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.

4.02 Contract Times: Days

A. The Work will be completed no later than 05-29-2026.

4.03 Liquidated Damages

A. No liquidated damages.

4.04 Intentionally deleted.

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:

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ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Item No. 37 of the Instructions to Bidders. Applications for Payment will be processed by the City for payment.

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.

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).

6.03 Final Payment

A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price.

ARTICLE 7 – INTEREST

7.01 Intentionally deleted.

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: 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. 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

Rev. March 2024 Page 3 of 11 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.

E. 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.

F. 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.

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

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

I. 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. The Contract Documents consist of the following:

1. This Agreement (pages 1 to , inclusive).

2. Statutory bond (pages to , inclusive).

3. Instructions to Bidders and General Conditions (pages to , inclusive).

4. Addenda (numbers to , inclusive).

5. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (pages ___ to ___, inclusive).

b. Certificates (Compliance with Personnel Practices, Good Standing to Conduct Business in Kansas, Insurance).

6. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in this Agreement.

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ARTICLE 10 – MISCELLANEOUS

10.01 Terms: Terms used in this Agreement will have the meanings stated in the Instructions to Bidders and General Conditions.

10.02 Assignment of Contract: Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

10.03 Successors and Assigns: Owner and Contractor each represent that they are duly authorized to enter into the Contract, and binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications: Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

A. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution;

B. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

C. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

D. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

10.06 Insurance

A. Contractor will procure, and maintain as required, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Project.

B. Coverages and minimum limits.

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1. Commercial General Liability: [ISO “occurrence” form or its equivalent] $1,000,000 per occurrence limit and products - completed operations limit. Any general aggregate limit should be at least $2 million.

2. Business Auto Coverage: (Owned and non-owned autos) $500,000 per occurrence, combined single limit.

3. Workers Compensation and Employers Liability: Workers compensation limits as required by the statutes of the state of Kansas and employers liability limits of $500,000/$500,000/$500,000.

4. Coverage…