Rev. 7/2026

Vendor Name: ______________________________ Address: ___________________________________

Request Number:

Date Issued:

Closing Date:

Pre-Bid Meeting:

29-26 8-6-2026 9-9-2026, 2:00pm 8-19-2026, 9:00 am

Phone Number:______________________________

*SHAWNEE COUNTY HAS AN ELECTRONIC BID SYSTEM*

All vendors are required to create an online portal account (www.snco.us/purchasing) in order to receive or submit bid requests.

INTRODUCTION

Shawnee County is requesting qualifications/proposals from design build teams for the renovation of the Maner Conference Center, 1 SW Expocentre Dr., Topeka, Kansas 66604.

Constructed in 1998, the Maner Conference Center serves as a primary public meeting and conference facility for the Stormont Vail Events Center (the “SVEC”), owned by the County and the adjoining Wyndham Grand (the “Hotel”), located at 1717 SW Topeka Blvd., owned by YBR Properties WG Topeka LLC and operated by Endeavor Hotel Management LLC (“Endeavor”). The County intends to renovate the existing facility to improve functionality, accessibility, building systems, energy efficiency, technology infrastructure, and public experience while extending the useful life of the building.

In issuing this Request for Qualifications (“RFQ”), it is the intent of the County that the successful design build team will provide its services in exchange for a fixed fee. It is further the County’s intent that the design build team will provide a Guaranteed Maximum Price (“GMP”) for the cost of the construction of the Project along with a Guaranteed Delivery Date (“GDD”). The intent of this procurement is to select the design build team providing the greatest overall value to the County based upon technical qualifications, technical proposal, cost and time.

1. SCOPE OF WORK: The scope of work includes but is not limited to the following:

1.1. Provide design, construction management and building services for a complete renovation of the facility, including but not limited to the following:

1.1.1. Interior renovation of conference and meeting rooms

1.1.2. Modernization of audiovisual and technology systems

1.1.3. HVAC replacement and energy efficiency improvements

1.1.4. Electrical and lighting upgrades

1.1.5. Fire protection and life safety improvements

1.1.6. ADA accessibility improvements\

SHAWNEE COUNTY

REQUEST FOR QUALIFICATONS

DESIGN-BUILD

1.1.7. Restroom renovations

1.1.8. Interior finishes and furnishings

1.1.9. Exterior remodeling, repairs and improvements to make the exterior appearance of the

Facility consistent with the design of the Stormont Vail Events Center and Hotel.

1.1.10. Renovation/replacement of parking areas as required

1.1.11. Site improvements as required

1.1.12. Other Design and Build services as deemed necessary by the County.

1.2. The estimated total budget is $7M - $8M.

1.3. In order to ensure consistency and compatibility with the adjoining Wyndham Grand, design choices and the renovation work of the successful design build team will be overseen and coordinated by representatives of Endeavor but the County shall have exclusive contracting authority with regard to the work.

1.4. As-built drawing:

2. DESIGN/BUILD PROCUREMENT PROCEDURE:

2.1. In accordance with K.S.A. 19-219f(b), the County will solicit design/build proposals in a three stage qualifications based selection process as follows:

2.1.1. Phase I shall be the solicitation of qualifications of the design build team.

2.1.2. Phase II shall be the solicitation of a technical proposal including conceptual design for the project, and

2.1.3. Phase III shall be the proposal of the construction cost/time.

3. DESIGN BUILD PROCUREMENT SCHEDULE: The following schedule will apply to this process (subject to modification as necessary at the County’s discretion):

Phase Event Date K.S.A.

Ref.

I RFQ released by County 08/06/26 19-216f

I Mandatory Pre-proposal Conference Maner Conference Center 1717 SW Topeka Blvd. Topeka KS 66612

08/19/26 at

9:00 AM

(CST)

I Phase I Deadline to submit inquiries 09/02/26 at

5:00 PM (CST)

I Phase I “Statement of Qualifications” Deadline 09/09/26 at

2:00 PM (CST)

19-216f

I Phase I “Statements of Qualifications” review by County completed

09/18/26 19-216f

II Firms Qualified to Proceed to Phase II announced via email

__/___/26 19-216f

II Phase II Facility Tour By Appointment

II Phase II “RFQ technical proposal including conceptual design” and Phase III Proposal Of The Construction Cost/Time Submission Deadline Response Deadline

__/__/26 at

2:00 PM (CST)

19-216f

III Phase III Interviews conducted TBD

III Phase III cost and time proposals opened and read aloud. Phase II scoring announced. (Time of day/location TBD)

__/__/26 19-216f

III Phase III scoring completed and recommendation made to County Commission

__/__/26 19-216f

CONTRACT AWARDED TBD

4. PHASE I: SOLICITATION OF QUALIFICATIONS

4.1. Statement of Qualifications. In accordance with K.S.A. 12-216f(c), in order to complete Phase I all interested design build teams must submit a statement of qualifications which shall include the following information:

4.1.1. Demonstrated ability to perform projects comparable in design, scope and complexity.

4.1.2. References of owners for whom building design-build projects have been performed.

4.1.3. Qualifications of personnel who will manage the design and construction aspects of the project.

4.1.4. The names and qualifications of the primary design consultants and contractors with whom the design build team proposes to subcontract. The design build team may not replace an identified subcontractor or subconsultant without the written approval of the County.

4.1.5. Firms submitting a statement of qualifications shall be capable of providing a public works bond in accordance with K.S.A. 60-1111, and amendments thereto, and shall present evidence of such bonding capability to the County with their statement of qualifications. If a firm fails to present such evidence, such firm shall be deemed unqualified for selection under this subsection.

4.2.Pre-proposal Conference - Attendance is Mandatory at the pre-proposal conference for design build teams wishing to submit proposals.

4.3.Professional Services Selection Committee. In accordance with K.S.A. 12-216f(d), the County, acting via the Professional Services Selection Committee (the “Committee”), shall evaluate the qualifications of all design build teams in accordance with the instructions prescribed in this request for qualifications.

4.3.1. In accordance with K.S.A. 12-216f(e), the Committee shall prepare a short list containing a minimum of three, but no more than the top five qualified design build teams to participate in phase II of the process. If less than four design build teams respond, all design build teams shall be invited to participate in phase II of the selection process.

4.3.2. Design build teams lacking the necessary qualifications to perform the work shall be disqualified and shall not proceed to phase II of the process.

4.3.3. Under no circumstances shall price or fees be considered as a part of the prequalification criteria.

4.3.4. Any ranking assigned in the phase I evaluation process shall not carry forward to phase II of the process.

4.3.5. All qualified design build teams shall be ranked on points given in phases II and III only.

The two-phase evaluation and scoring process shall be combined to determine the greatest value to the County.

5. PHASE II: SOLICITATION OF A TECHNICAL PROPOSAL INCLUDING CONCEPTUAL

DESIGN FOR THE PROJECT

5.1. In accordance with K.S.A. 12-216f(f), Phase II of the process shall be conducted as follows:

5.1.1. The remaining project requirements will be provided to the prequalified design build teams and may include the following:

5.1.1.1. The terms and conditions for the design-build contract.

5.1.1.2. The design criteria package.

5.1.1.3. A description of the drawings, specifications or other information to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications or other information that will be acceptable.

5.1.1.4. A schedule for planned commencement and completion of the design-build contract.

5.1.1.5. Budget limits for the design-build contract, if any.

5.1.1.6. Requirements, including any available ratings for performance bonds, payment bonds and insurance.

5.1.1.7. Any other information that the County at its discretion chooses to supply, including without limitation, surveys, soil reports, drawings of existing structures, environmental studies, photographs or references to public records.

5.2. Prequalified design build teams shall submit their design for the project to the level of detail required in the request for proposal. The design proposal should demonstrate compliance with the requirements set out in the request for proposal.

5.2.1. The technical proposal may contain certain limited references to specific elements of the cost.

5.2.2. The technical submittals shall be evaluated and assigned points in accordance with the requirements of this request for proposal.

6. PHASE III: PROPOSAL OF THE CONSTRUCTION COST/TIME

6.1. In accordance with K.S.A. 12-216f(g), Phase III shall be conducted as follows:

6.1.1. The phase III proposal shall provide a firm fixed cost of design and construction. The proposal shall be accompanied by bid security and any other submittals as required by the request for proposal.

6.1.2. The proposed contract time, in calendar days, for completing the project as designed by a design build team may be considered as an element of evaluation in phase III.

6.1.3. Phase III proposals shall be submitted in accordance with the instructions of the request for proposal. Failure to submit a cost proposal on time shall be cause to reject the proposal.

6.1.4. Proposals for phase II and III shall be submitted concurrently at the time and place specified in the request for proposal. The phase III cost proposals shall be opened only after the phase II technical proposals have been evaluated and assigned points.

6.1.5. Phase III cost and schedule, which shall prescribe the number of calendar days, shall be opened and read aloud at the time and place specified herein. At the same time and place, the evaluation team shall make public its scoring of phase II. Phase III shall be evaluated in accordance with the requirements of the request for proposal. In evaluating the proposals and determining the successful firm, each design build team’s score shall be determined in a quantifiable and objective manner described in the request for proposal in combination of the points earned in both phase II and phase III.

7. SELECTION CRITERIA:

7.1. Pursuant to K.S.A. 19-216f(b)(1) The Committee shall review the submittals of the interested design build teams and assign points to each proposal as prescribed in the instructions of the request for proposal as follows:

7.1.1. The successful design build teams will be the one who provides the best value to the County.

In general, the Committee will evaluate the following criteria:

7.1.1.1. Qualifications Weighted Selection Criteria:

Organization and capabilities of design build team and individuals assigned to this project.

30 Points

Experience of design build team members in design, construction and commission of projects similar in type and size to the project.

15 Points

Expertise of design build team members in planning and constructing similar type facilities.

15 Points

Safety record and safety and quality management programs. 5 Points Overall project approach, including schedule, facilitation of communication, and design concepts.

20 Points

Obligations and schedules of lead construction contractor and construction consultant with respect to other current projects.

15 Points

Bonding capacity and insurance coverage as section 7 of this RFP/RFQ - Pass/Fail Insurance coverage as required in the Phase 1 and Phase 2 Agreements.

Pass/Fail

7.1.1.2. Price weighted Criteria: The County will evaluate price proposals only during phase III for the short-listed and interviewed design build teams.

7.1.1.2.1. Price proposals from other design build teams will be returned unopened to them.

7.1.1.2.2. Price proposals will be scored in reverse proportion to their total proposal price over that of the lowest design build team’s price. Example: a proposal price of 10% over the lowest price will be awarded 90% of the available points.

7.1.1.2.3. Proposal prices of all design build teams will be kept sealed and confidential until the Committee has completed the scoring of the Qualifications Statement documentation. Total Maximum Price Proposal score: 100 points

7.1.1.3. Total Weighted Score: Calculation of the Total Weighted Score for both Qualifications and Price Proposal: The total maximum scores for qualifications and for the price proposal will be weighted as follows:

Qualifications Statement score times eighty percent (80%) Price Proposal score times twenty percent (20%) Total Maximum Weighted Score: 100 points The design build team with the highest Total Weighted Score is the apparent successful proposer.

7.2. Upon completion of the above determination, the Committee shall make a recommendation to the Board of County Commissioners for acceptance and approval of the best proposal. The Board of County Commissioners reserves the right to accept or reject any and/or all proposals and to waive any irregularities or informalities therein.

8. SUBMISSION OF PROPOSALS:

8.1. Closing Date: Proposals will be received until 2:00 p.m. CDT on the scheduled closing date.

The online bid portal will not accept any new proposals after this time.

8.2. Withdrawal of Proposals: Proposals already submitted may be withdrawn on the Electronic Bid System provided request is received prior to time of closing. Negligence on the part of the design build team in preparing the proposal confers no right for the withdrawal after the time set for closing.

8.3. Please Submit Your Proposal Early: In case you have problems getting your proposal to upload and need assistance, we suggest you submit before 1:30 pm. Please contact us at once if you have issues uploading. Our system will not allow any proposals to be uploaded after 2:00 pm.

8.4. Proposal Openings: All proposals submitted before the specified closing time. Subsequent to the proposal opening, all proposals shall be thoroughly evaluated and a determination made as to their compliance with applicable specifications.

8.5. Notice to Successful Firm: The successful design build team will be notified by email or telephone as soon as possible once the Selection Committee has made a recommendation and placed the item on the Board of County Commissioners Agenda for its consideration.

8.6. Notice to Unsuccessful Firms: Unsuccessful design build teams will not be notified.

8.7. Disclosure of Proposal Content and Proprietary Information: All proposals become the property of Shawnee County. The Kansas Open Records Act requires public information be placed in the public domain at the conclusion of the selection process, and be available for examination by all interested parties. No proposals shall be disclosed until after a contract award has been issued. Shawnee County reserves the right to destroy all proposals if this RFQ is withdrawn, a contract award is withdrawn, or in accordance with Kansas law.

8.8. How to include Proprietary Information in your proposal: Trade secrets or proprietary information legally recognized as such should not be submitted with proposals unless absolutely necessary. Any such information submitted that is protected by law may be requested to be withheld if clearly labeled "Proprietary" on each individual page and provided in a clearly marked and separated with the Proprietary Divider page, section within the .pdf file uploaded to the online bid portal. Only one file is allowed to be uploaded to the bid portal. Fee and cost information is not considered proprietary and the design build team’s entire proposal response package will not be considered proprietary.

8.8.1. Proprietary Divider Page: This document is available to be downloaded in the bid portal underneath the Purchasing section. All information requested to be handled as "Proprietary" shall be submitted in the separate section from the main proposal and clearly labeled and section off by the divider page. The firm shall provide detailed written documentation justifying why this material should be considered "Proprietary". Shawnee County reserves the right to accept, amend or deny such requests for maintaining information as proprietary in accordance with Kansas law. Shawnee County does not guarantee protection of any information which is not submitted as required.

8.9. Demandstar Website: Shawnee County open projects are posted on Demandstar as a secondary posting. Demandstar tracks broadcast and plan holder data. Proposals must be submitted through the Shawnee County Bid Portal.

8.10. Shawnee County Bid Portal: When an open RFQ is posted, Shawnee County is not able to track who downloads RFQ information off the bid portal website. Proposals must be submitted through the Shawnee County Bid Portal to be considered. All RFQs are posted on the County website, not all projects are posted on the Demandstar website. Registration is free.

9. TERMS AND CONDITIONS - PROPOSAL INSTRUCTIONS APPLICABLE TO

ALL/MULTIPLE PHASES / CONTRACT TERMS

9.1. Proposal Reference Number: The above-number has been assigned to this Request and MUST be shown on all correspondence or other documents associated with this Request and MUST be referred to in all communications. All communications must be submitted through the Shawnee County online bid portal.

9.2. Negotiated Procurement: The County reserves the right to negotiate any part of this proposal and any subsequent contract. The design build team’s proposals are to demonstrate to the County the qualifications and experience of the design build team.

9.3. Cost of Preparing Proposal/Design Build Stipend: Pursuant to KSA 19-216f(l) As an inducement to qualified design build teams, the County shall pay a stipend of $500 to each prequalified design build team whose proposal is responsive but not accepted for Phase II.

Upon payment of the stipend to any unsuccessful design build team, the County shall acquire a nonexclusive right to use the design submitted by the design build team, and the design build team shall have no further liability for its use by the County in any manner. If the design build team desires to retain all rights and interest in the design proposed, the design build team shall notify the County in writing and shall forfeit the stipend.

If the County determines, that it is not in the best interest of the County to proceed with the project pursuant to the proposal offered by the successful design build team the County shall reject all proposals. If the determination to reject all proposals is made for the convenience of the County, the successful and responsive design build teams shall receive twice the stipend ($1000) and all other responsive design build teams shall receive the $500 stipend only. If the determination is made to reject all proposals as a result of proposals exceeding the budget published in the request for proposals or otherwise not complying with the request for proposal, the County need not remit a stipend to any design build teams.

9.4. Rejection of all Proposals: If the County determines, that it is not in the best interest of the County to proceed with the project pursuant to the proposals offered, the County shall reject all proposals. If all proposals are rejected, the County may solicit new proposals using different design criteria, budget constraints or qualifications.

9.5. Contract Formation: No contract shall be considered to have been entered into by Shawnee County until all statutorily required signatures and certifications have been rendered and a written contract has been signed by the successful design build team.

9.6. Insurance: Shawnee County shall not be required to purchase any insurance against loss or damage to any personal property nor shall Shawnee County establish a "self-insurance" fund to protect against any loss or damage. Subject to the provisions of the Kansas Tort Claims Act, the design build team shall bear the risk of any loss or damage to any personal property.

9.7. Independent Contractor: Both parties, in the performance of any contract, shall be acting in their individual capacities and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be construed to be the employees or agents of the other party for any purpose whatsoever. The chosen design build team accepts full responsibility for payment of unemployment insurance, worker’s compensation and social security as well as all income tax deductions and any other taxes or payroll deductions required by law for its employees engaged in work authorized by this contract.

9.8. Conflict of Interest: The design build team shall not knowingly employ, during the period of this contract or any extensions to it, any professional personnel who are also in the employ of Shawnee County and who are providing services involving this contract or services similar in nature to the scope of this contract to Shawnee County. Furthermore, the design build team shall not knowingly employ, during the period of this contract or any extensions to it, any Shawnee County employee who has participated in the making of this contract until at least one year after his/her termination of employment with the Shawnee County.

9.9. All questions regarding this RFQ must be posted on the online Electronic Bid System.

Design build teams must acknowlege that the only official answer or position of the County will be via the online Electronic Bid System and will be sent to all design build teams responding to the RFQ. Failure to properly notify the County via the online Electronic Bid System any conflicts or ambiguities in the RFQ may result in issues being resolved in the best interest of the County. Any modification to this RFQ as a result of any written answers to written questions, shall be made in writing via the online Electronic Bid System to all design build teams who received the original request from the County. Proposals received shall be kept secured and sealed until closing. The County shall not be responsible for the premature opening of a proposal or for the rejection of a proposal that was not received prior to the deadline because it was not properly identified on the outside of the envelope or container.

Late proposals will be retained unopened in the file and will not receive consideration.

9.10. Signature of Proposals: Each proposal shall give the complete mailing address of the d design build team and be signed by an authorized representative by original signature with his or her name and legal title typed below the signature line. Each proposal shall include the design build team members’ Federal Employer's Identification Number(s).

9.11. Acknowledgment of Addenda: All design build teams shall acknowledge receipt of any addenda to this RFQ on the Electronic Bid System. The term “addenda” includes but is not limited to any changes, clarifications, additions or alterations to the RFP as well as any questions and/or answers posted on the Electronic Bid System. Failure to acknowledge receipt of any addenda will prohibit the submission of a proposal on the Electronic Bid System and may render the proposal to be non-responsive. Addenda to this RFQ shall be issued only by the County in writing and posted on the Electronic Bid System.

9.12. Proposal Disclosures: At the time of contract award, only the names of those design build teams who submitted proposals shall be made public information. However, copies of individual proposals may be obtained under the Kansas Open Records Act (KORA). All persons making such requests shall incur the cost to reproduce the documents (including staff time and copying/scanning costs) prior to receiving copies. Alternatively, a requestor may make an appointment by filing a KORA request to view the proposal file. Proposals shall not be released until a contract has been executed or all proposals have been rejected.

9.13. Each design build team has the responsibility to do the following:

9.13.1. Thoroughly examine the RFQ documents and all addenda;

9.13.2. Consider federal, state, and local laws and regulations that may affect cost, progress, or performance of work;

9.13.3. Study and carefully correlate the proposer’s knowledge and observations with the RFQ documents

9.13.4. Promptly notify the County of all conflicts, errors, ambiguities, and discrepancies, which the proposer has discovered in the RFQ documents

9.14. Shawnee County Contractual Provisions Attachment. The successful design build team will be required to execute and agrees to comply with a Shawnee County Contractual Provisions Attachment (attached hereto).

9.15. Nondiscrimination: Shawnee County is committed to nondiscrimination and equal employment. Design build team agrees to comply with the provisions of all federal, state and local laws, rules, regulations and orders, and amendments thereto, prohibiting discrimination in employment and further agrees that it will not discriminate on the basis of race, creed, color, sex, age, handicap, national origin, ancestry or political affiliation. By submitting a proposal, design build team acknowledges and agrees to comply with K.S.A. 44-1030, which states:

44-1030. State and local government contracts; mandatory provisions. (a) Except as provided by subsection (c), every contract for or on behalf of the state or any county or municipality or other political subdivision of the state, or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that:

(1) The contractor shall observe the provisions of the Kansas act against discrimination and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability, national origin or ancestry;

(2) in all solicitations or advertisements for employees, the contractor shall include the phrase, "equal opportunity employer," or a similar phrase to be approved by the commission;

(3) if the contractor fails to comply with the manner in which the contractor reports to the commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the contracting agency;

(4) if the contractor is found guilty of a violation of the Kansas act against discrimination under a decision or order of the commission which has become final, the contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the contracting agency;

and

(5) the contractor shall include the provisions of subsections (a)(1) through (4) in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor.

(b) The Kansas human rights commission shall not be prevented hereby from requiring reports of contractors found to be not in compliance with the Kansas act against discrimination.

(c) The provisions of this section shall not apply to a contract entered into by a contractor:

(1) Who employs fewer than four employees during the term of such contract; or

(2) whose contracts with the governmental entity letting such contract cumulatively total $5,000 or less during the fiscal year of such governmental entity.

All questions regarding this bid should be posted on the online Electronic Bid System.

For problems with the online Electronic Bid System, please contact:

Shawnee County Audit Finance Department Email: Auditfinance@snco.us phone: (785) 251 – 4039

The undersigned agrees with all terms and conditions stated above:

Contractor Company Name Company Address

Signature and Title Date

Architect Company Name Company Address

Signature and Title Date Submit with your proposal

Design-Build Team Statement of Agreement

Shawnee County, Kansas requires that all contracts of Shawnee County and its agencies include specific provisions to ensure equal employment opportunity and that all Design-Build Teams provide evidence of the adoption of an equal employment opportunity program. To comply with these requirements, all persons wishing to enter into a contract with Shawnee County shall complete and sign this agreement.

The Team agrees to:

1. Comply with K.S.A. 44-1030 requiring that:

(A) The Design-Build Team shall observe the provisions of the Kansas Act Against Discrimination and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability unrelated to such person's ability to engage in the particular work, national origin or ancestry;

(B) In all solicitations or advertisements for employees, the Design-Build Team shall include the phrase, "equal opportunity employer," or a similar phrase to be approved by the County;

(C) If the Design-Build Team fails to comply with the manner in which the Design-Build Team reports to the County in accordance with the provisions of K.S.A. 44-1031, the Design-Build Team shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, in whole or in part, by the contracting agency;

(D) If the Design-Build Team is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the County which has become final, the Design-Build Team shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, in whole or in part, by the contracting agency; and

(E) The Design-Build Team shall include the provisions of paragraphs (A) through (D) in every sub-contract or purchase order so that such provisions will be binding upon such sub-contractor or vendor.

2. Guarantee that during the performance of any agreement the Design-Build Team and its sub- contractors, vendors, and suppliers shall comply with all provisions of the Civil Rights Act of 1866 as amended, Civil Rights Act of 1964 as amended, Equal Employment Opportunity Act of 1972 as amended, Executive Order 11246, Age Discrimination in Employment Act of 1967 as amended, Americans with Disabilities Act of 1990 and Rehabilitation Act of 1973 as amended, Equal Pay Act of 1963 and any regulations or amendments thereto.

3. Submit to the County a written affirmative action program, a certificate of compliance or such other certificate as is acceptable to the County which is evidence of the adoption of an affirmative action program.

The Design-Build Team agrees to maintain a current and accurate plan on file with the County and shall update the plan as needed.

Contractor Company Name Company Address

Signature and Title Date

Architect Company Name Company Address

Signature and Title Date

Submit with your proposal

CONTRACTUAL PROVISIONS ATTACHMENT

1. TERMS HEREIN CONTROLLING PROVISIONS

It is expressly agreed that the terms of each and every provision in this Attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. AGREEMENT WITH KANSAS LAW

All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION

If, in the judgment of the Financial Officer, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, Shawnee County may terminate this agreement at the end of its current fiscal year. Shawnee County agrees to give written notice of termination to Design-Build Team at least thirty (30) days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to ninety (90) days before the end of such fiscal year. Design-Build Team shall have the right, at the end of such fiscal year, to take possession of any equipment provided Shawnee County under the contract. Shawnee County will pay to the Design-Build Team all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by Shawnee County, title to any such equipment shall revert to Design-Build Team at the end of Shawnee County's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the Design-Build Team.

4. DISCLAIMER OF LIABILITY

Neither Shawnee County nor any departments or divisions thereof shall hold harmless or indemnify any Design-Build Team.

5. ANTI-DISCRIMINATION CLAUSE

The Design-Build Team agrees: (a) to comply with all federal, state, and local laws and ordinances prohibiting unlawful and to not unlawfully discriminate against any person because of race, religion, creed, color, age, sex, disability, national origin or ancestry in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer;" and (c) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor. The Design-Build Team understands and agrees that the failure to comply with the requirements of this paragraph may constitute a breach of contract, and the contract may be cancelled, terminated or suspended, in whole or in part by Shawnee County.

6. ACCEPTANCE OF CONTRACT

This contract shall not be considered accepted, approved or otherwise effective until the legally required approvals and certifications have been given.

7. ARBITRATION, DAMAGES, WARRANTIES

Notwithstanding any language to the contrary, no interpretation shall be allowed to find Shawnee County or any department or division thereof has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, Shawnee County shall not agree to pay attorney fees or late payment charges, and no provision will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

8. REPRESENTATIVE'S AUTHORITY TO CONTRACT

By signing this contract, the representative of the Design-Build Team thereby represents that such person is duly authorized by the Design-Build Team to execute this contract on behalf of the Design-Build Team and that the Design-Build Team agrees to be bound by the provisions thereof.

9. RESPONSIBILITY FOR TAXES

Shawnee County shall not be responsible for, nor indemnify a Design-Build Team for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. INSURANCE

Shawnee County shall not be required to purchase any insurance against loss or damage to any personal property to which this contract relates. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the Design-Build Team shall bear the risk of any loss or damage to any personal property in which the Design-Build Team holds title.

11. AUTOMATED CLEARING HOUSE (ACH)

Shawnee County prefers to pay its vendor invoices via electronic funds transfers through the automated clearing house (ACH) network. Shawnee County may require vendors to accept payments via ACH. To initiate payment of invoices, vendors shall execute the County's standard ACH Vendor Payment Authorization Agreement. Upon verification of the data provided, the Payment Authorization Agreement will authorize the County to deposit payment for services rendered or goods provided directly into vendor accounts with financial institutions. All payments shall be made in United States currency.

Design-Build Team:

AUTHORIZED SIGNATURE:

Submit with your proposal

All questions regarding this bid should be posted on the online Electronic Bid System

For problems with the online Electronic Bid System, please contact:

Shawnee County Audit Finance Department E-mail: AuditFinance@snco.us Phone: (785) 251–4039