RFB # 4459

Digital Kiosks

SCOPE

The City of Owensboro is seeking a contractor to provide all labor, material, supervision, equipment, and incidentals required for the construction of three digital kiosks in Downtown Owensboro. The design intent includes the following: Full-color, UV direct-to-substrate digitally printed aluminum cabinet (approx. 7’-6” x 3’ x 6 ½”), enveloping exterior-grade, non-touch, commercial-grade LCD digital display with custom-programmable messaging & images.

Electrical connection, wireless (Wifi) access, concrete footing, and installation included.

COMPLETION DATE

Bidder agrees to substantially complete this project before May 8, 2026.

CONTRACT

The Service Agreement as shown in the Bonfire portal, under this project, shall serve as the Contract, along with the awarded contractor's bid submission and the City's bid documents.

GENERAL COMPLIANCE

Please read these instructions carefully.

CONTRACTOR REGISTRY: The Bid/Contract Documents and all addenda can be downloaded from the City’s online Bonfire portal at https://owensboro.bonfirehub.com. Once registered, bidders can download all bid/contract documentation.

ALTERNATE BIDS: Separate pricing options for different scopes of work outside the base bid scope must be approved by the City at least 7 days before bid opening to be considered.

"OR EQUAL": Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturer's or contractor’s names, trade names, catalog numbers, etc., it is intended merely to establish a standard; and, any materials, article or equipment of other manufacturers and contractors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed, is, in the opinion of the Owner of equal substance and function.

INDICATION OF COMPLIANCE: Please fill in all spaces on all required forms. Blank spaces shall be considered non-compliance. Any deviation from the specification or where submitted literature does not fully support meeting the specification(s), must be clearly cited on the attached page labeled “Exceptions to Bid Specifications.” No deviation below “minimum” specifications will be accepted.

At the time of bid submission, each bidder will be presumed to have inspected the site(s) and to have read and to be thoroughly familiar with the plans, specifications and bid documents (including any and all addenda). The failure or omission of any bidder to examine any form, https://owensboro.bonfirehub.com/ instrument, or document shall in no way relieve any bidder from any obligation in respect to his bid.

BID SECURITY: Not required.

BID SUBMISSION: All pages of the bid shall be signed in ink on designated signature lines.

Typed quotation sheets are preferred; however, if handwritten, the sheets must be legible and in ink. Any pricing information that is illegible may result in the rejection of the bid.

A conditional or qualified bid will not be accepted.

Bidders must satisfy themselves with the accuracy of the Documents by examination of the site and review of the drawings and specifications (including Addenda). After bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the nature of the work to be done.

Quotations must be made on the Bid Form provided. An accompanying letter of explanation is acceptable if the bidder deems it necessary, but only quotes made on the provided forms will be evaluated.

All Bids, any accompanying letters, forms, samples, pictures, catalogs, or any other pertinent material that accompanies the bid becomes the property of the City of Owensboro and will not be returned to the bidder unless an agreement in writing is secured before the bid is submitted to the City of Owensboro.

A signed completed copy must be submitted through the online Bonfire Portal at:

https://owensboro.bonfirehub.com.

Submissions by other methods will not be accepted. Minimum system requirements:

Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. (Javascript and browser cookies must be enabled.)

Contractors should contact the Bonfire Support team at Support.Bonfire@eunasolutions.com for technical questions. Contractors can also visit Bonfire’s help forum at https://contractorsupport.gobonfire.com/hc/en-us.

Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible to be evaluated.

BID OPENING: All submissions are due prior to the scheduled bid opening as show on the Bonfire portal. The bid opening will be held via a Microsoft Teams meeting. Teams link and information can be found in the events section of the Bonfire portal.

https://vendorsupport.gobonfire.com/hc/en-us mailto:Support.Bonfire@eunasolutions.com

METHOD OF PROCUREMENT: Competitive Sealed Bidding (KRS 45A.365) will be the method of procurement for the purchase of the item(s) specified herein.

KENTUCKY OPEN RECORDS LAW: At the time a bid or proposal is submitted to the City, the Contractor shall identify any information that is submitted as part of the bid that is proprietary or confidential in nature and not subject to release for public inspection. The City of Owensboro will protect any proprietary or confidential information to the extent allowable under the Kentucky Open Records Act.

NEW GOODS, FRESH STOCK: Unless otherwise specifically stated, all Contractors shall provide new commodities, fresh stock, latest model, design or package.

METHOD OF AWARD: Bids will be evaluated on the evaluation criteria established in the Documents of this Request for Bid (RFB).

The City of Owensboro reserves the right to accept or reject any and all bids received, to take exception to the RFB, or to waive any informalities, to negotiate all terms and conditions, or to cancel or amend in part, or in its entirety, this RFB. The right is also reserved to award bids based on the best interest and/or most advantageous to the City of Owensboro.

The award will be made to the lowest responsive and responsible bidder meeting specifications.

The City of Owensboro reserves the right to consider as a part of the bid evaluation, the stated warranty, stated delivery schedule and payment terms.

PRICING: All prices shall be quoted exclusive of any taxes. The City of Owensboro is exempt from Federal excise, transportation and/or Kentucky sales tax. Any items supplied directly to the City from a supplier/manufacturer are exempt from sales tax. Any items purchased by a contractor that will be used in the fulfillment of a contract are not exempt from sales tax.

In case of a discrepancy in the extension of a unit price, the unit price shall govern the total price.

Bidders must provide manufacturer’s product literature if available and appropriate with the bid submission.

Prices quoted shall remain firm and open to acceptance by the City of Owensboro for a minimum period of sixty (60) days after bid opening.

WARRANTY: One-year workmanship warranty (minimum) with manufactured material warranty stated.

SHIPPING CHARGES: All items quoted shall be “F.O.B. Destination.” No additional freight charges will be allowed.

PAYMENT: The bid must clearly state the payment terms, including prompt payment discounts and payment due dates. Discounts should be figured in the unit price of the quoted item. The City of Owensboro reserves the right to select the most beneficial terms.

FAILURE TO PERFORM: Any contractor awarded a contract who fails to fulfill all obligations on this contract may be disqualified from bidding on any City Bid for a period of up to five (5) years.

Should the contractor fail to perform as indicated herein, the City reserves the right to procure the required services or products elsewhere at its discretion, either temporarily or permanently, and to either suspend or cancel all or part of the contract. Should such action be taken the contractor shall be responsible for all excess costs incurred by the City.

RIGHT OF OWNER TO TERMINATE CONTRACT: City may terminate a contract because a contractor fails to perform its contractual duties.

If a contractor is determined to be in default, City shall notify the contractor in writing and may either 1) terminate the contract immediately or 2) set a date by which the vendor shall cure the identified deficiencies. City may proceed with termination if the contractor fails to cure the deficiencies within the specified time.

A default in performance by a vendor for which a contract may be terminated shall include, but not be limited to:

Failure to make delivery within the time specified or according to a delivery schedule fixed by the contract;

Failure to diligently advance the work under a contract for services;

Filing of a bankruptcy petition by or against the contractor; or Actions that endanger the health, safety or welfare of City or its citizens.

If, during the terms of this Contract, funds are not appropriated for the payment of the City’s obligations hereunder, the City’s rights and obligations herein shall terminate on the last day for which an appropriation has been made.

AT WILL TERMINATION: Notwithstanding the above provisions, the City may terminate this contract at will in accordance with the law upon providing thirty (30) days written notice of that intent. Payment for services or goods received prior to termination shall be made by the City provided those goods or services were provided in a manner acceptable to the City. Payment for those goods and services shall not be unreasonably withheld.

SAFETY: Contractor must perform work in a safe and timely fashion, maintain a clean and safe work environment, follow safety requirements established by OSHA and the City of Owensboro, and may be required to provide safety equipment. If, in the opinion of the City, safety precautions are not in existence, work will cease immediately until corrective action is taken.

Work will begin again only when the contractor demonstrates to the satisfaction of the City that conditions are without risk. The contractor is responsible for any damage to the work area and/or surrounding areas.

The Contractor further covenants to comply with all federal, state and local occupational safety and health laws and regulations.

BONDS: Payment and Performance Bonds not required.

INSURANCE REQUIREMENTS: The successful Bidder and all subcontractors covenant and agree to maintain and keep in force during the term of the Contract worker’s compensation, property, casualty, and general liability in the following minimum amounts:

Type of Insurance Limits Worker’s Compensation Statutory Commercial General Liability $1,000,000 (per occurrence)/$2,000,000 (aggregate) Commercial Automobile Liability $1,000,000 CSL

On all general and automobile liability policies of insurance, as primary and non-contributory, the Contractor shall have the City named as an additional insured and shall further require that their liability carrier(s) notify the City at least thirty (30) days prior to the effective date of any change(s) in or cancellations of said insurance policies. A waiver of subrogation shall also be provided for all insurance policies, as allowed by law. Awarded Bidder(s)/subcontractors shall have 10 business days from the Notice of Award to submit their certificate of insurance that meets this “insurance requirements” section.

HOLD HARMLESS AGREEMENT: The Contractor and subcontractors covenant to save, defend, keep harmless, and indemnify the City of Owensboro and all of its officers, departments, agencies, agents, and employees from and against all claims, loss, damage, injury, fine, penalties, and costs including court costs and attorney’s fees, charges, liability, and exposure however caused resulting from, arising out of, or in any way connected with the Contractor’s and/or subcontractors’ negligent performance or non-performance of the terms of the Contract.

BIDDER’S QUALIFICATIONS: Bidder must demonstrate to the satisfaction of the City of Owensboro that he/she has adequate equipment, personnel, experience and understanding of the specifications to perform the service under the contract.

No contract will be awarded to any bidder who, in the opinion of the City, is not qualified to perform satisfactorily due, but not limited, to the following:

A previously unfavorable performance Reputation or lack of experience Organizational stability Insufficient Equipment

Insufficient Personnel to conduct and complete the services in accordance with the terms and conditions of the contract.

The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish with the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that he/she is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein.

Successful Bidder must comply with the City of Owensboro Occupational License Fees ordinance, and any other ordinances which may apply to any bid package.

BUSINESS LICENSE: Successful Contractor must obtain a business license from the City of Owensboro.

1.Resident Contractor must have a valid City of Owensboro business license.

2. Non-resident Contractor providing services, delivering products via a private carrier (as defined below), or delivering products via Contractor’s employees must have a valid City of Owensboro business license.

Non-resident Contractor does not have to obtain a business license if Contractor spends less than twelve (12) hours or twelve (12) visits per year for the purpose of reporting, delivering and receiving instructions.

Non-resident Contractor does not have to obtain a business license if Contractor acquires merchandise by using the Kentucky Master Agreement (unless the Master Agreement requires local licensing).

Resident: An individual, co-partnership, association, corporation or other entity domiciled or having a business situs within the corporate limits of the city.

Nonresident: An individual, corporation, partnership, fiduciary, association or other entity domiciled outside the corporate limits of the city.

The business license application and applicable fees can be found under the “Occupational/Net Profit License Fee Forms” at the following link: https://www.owensboro.org/page/finance-department. The successful Contractor has 10 business days from the date on the award letter to submit the application and applicable $75 fee.

EQUAL OPPORTUNITY STATUTES: The City of Owensboro is an equal opportunity employer and does not discriminate based on race, color, religion, sex, national origin, age, marital status, physical or mental disability, or any other characteristic protected by law. The City is also committed to employing only United States citizens and aliens who are authorized to work in the United States. The City complies with the Immigration Reform and Control Act of 1986.

Therefore, the successful Contractor must demonstrate to the satisfaction of the City that he also conforms to all Federal, state, and local equal opportunity statutes. Further, the Contractor will reimburse the City of Owensboro for any damages incurred due to any violation of the above-mentioned statutes by the Contractor while under Contract to the City.

SUBCONTRACTORS: Any subcontractors who may be employed by the prime contractor to fulfill the terms of the contract must be listed on the page entitled “Subcontractors Registry Page” within this bid package. Subcontractors must adhere to the same requirements as the prime contractors.

ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of the plans, specifications or other bid documents will be made to any bidder orally.

Any communication related to solicitations, including the posting of Addenda, will be available at https://owensboro.bonfirehub.com. Any questions can be asked through the available “Ask A Question” button within the solicitation in the Bonfire portal. Contractors must be registered and logged in to ask questions and should contact the Bonfire Support team at Support.Bonfire@eunasolutions.com if they have any issues.

To be given consideration, questions/clarification requests must be received 7 days before the bid due date. The “question due date” is displayed on the Bonfire portal. Failure of any bidder to receive any such addendum or interpretation shall not relieve such a bidder from any obligation under his/her bid as submitted. All addenda so issued, or answer(s) posted through the Bonfire portal shall become part of the Contract Documents.

CONFLICTS OF INTEREST: All bidders are responsible for complying with the following KRS 45A.455: “Conflicts of Interest - Gratuities and Kickbacks - Use of Confidential Information.”

It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination;

claim or controversy; or other matter pertaining to any contract or subcontract, and any solicitation or proposal therefore, in which to his knowledge:

He, or any member of his immediate family has a financial interest therein; or a business or organization in which he or any member of his immediate family has a financial interest as an officer, director, trustee, partner, or employee, is a party; or any other person, business, or organization with whom he or any member of his immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any mailto:Support.Bonfire@eunasolutions.com specification or purchase standard, rendering of advice, investigation, auditing, or any other advisory capacity.

It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefor.

It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public agency written contract and solicitation therefor.

It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information for his actual or anticipated personal gain, or the actual or anticipated personal gain of any other person.

For further information on the conflict-of-interest statutes, see the “Recovery of Value of Anything Transferred or Received in Breach of Ethical Standards,” at KRS 45A.460, and “Definitions for Terms Used in KRS 45A.445 to 45A.460,” at KRS 45A.445.

SECURITY CLAUSE: In accordance with KRS 61.932, any party that contracts with the City of Owensboro and has access to, possesses, or maintains “personal information,” as a part of that contract, shall implement, maintain, and update security and breach investigation procedures and practices that are appropriate to the nature of the information disclosed. Such procedures and practices shall be designed to protect personal information from unauthorized access, use, modification, disclosure, manipulation, or destruction and shall be at least as stringent as the security and breach investigation procedures and practices established by the Kentucky Department for Local Government in Protection of Personal Information, Security and Incident Investigation Procedures and Practices for Local Governmental Units, Fall 2014 edition.

A Contractor that is provided access to personal information by the City of Owensboro, or that collects and maintains personal information on behalf of the City as a part of this contract shall notify the City in the most expedient time possible and without unreasonable delay but within seventy-two (72) hours of determination of a security breach relating to the personal information in the possession of the Contractor. The notice to the City shall include all the information the Contractor has regarding the security breach at the time of notification. The cost of the notification and investigation of a security breach required by KRS 61.933 shall be borne by the Contractor.

The term "personal information" means an individual's first name or first initial and last name;

personal mark; or unique biometric or genetic print or image, in combination with one (1) or more of the following data elements:

(a) An account number, credit card number, or debit card number that, in combination with any required security code, access code, or password, would permit access to an account;

(b) A Social Security number;

(c) A taxpayer identification number that incorporates a Social Security number;

(d) A driver's license number, state identification card number, or other individual identification number issued by any agency;

(e) A passport number or other identification number issued by the United States government; or

(f) Individually identifiable health information as defined in 45 C.F.R. sec. 160.103 except for education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. sec. 1232g.

**A copy of the Protection of Personal Information Security and Incident Investigation Procedures and Practices for Local Government Units can be viewed at http://bit.ly/2J9Cmwrt.

END OF GENERAL COMPLIANCE

http://bit.ly/2J9Cmwrt

SPECIFICATIONS

LIQUIDATED DAMAGES: The Bidder further agrees to pay as liquidated damages the sum of Two hundred fifty Dollars ($250.00) per calendar day for every consecutive calendar day past the completion date specified above. The City shall have the right to deduct out of any retainage these monies owed by the Contractor to the City. If the monies owed by the end of the project are in excess of the amount being retained, then the Contractor shall pay to the City the balance due.

RETAINAGE: There is no retainage being withheld for this project.

INSPECTION: All work performed will be subject to inspection by the City Engineer’s Office.

VEHICULAR AND PEDESTRIAN TRAFFIC: The Contractor shall be held responsible for maintenance of vehicular and pedestrian traffic in the project area in a safe and reasonable manner. All signage shall be per the MUTCD manual, current edition. The downtown area is a high pedestrian activity area. The work area shall be protected at all times to make sure it is not accessible to the public. Work activities shall be planned and performed to make sure that park users are not exposed to any un-safe conditions. All materials, labor, devices, signage, fencing, etc shall be incidental to the project and no separate payment shall be made.

SPECIFICATIONS: All bid items in this project shall be measured, inspected and paid for according to the specifications in the plan sheets located in the Bonfire portal, under this project.