KSHS_Museum_-Specifications.pdf

S T A T E O F K A N S A S

B I D & C O N S T R U C T I O N D O C U M E N T S

KANSAS MUSEUM OF HISTORY

BLDG #: 28800-02260

KSHS GALLERY RENOVATION ADA

RAMP & WALLS LIFE SAFETY

TOPEKA, KANSAS A-014965(d)

FEBRUARY 2025

STATE OF KANSAS

DEPARTMENT OF ADMINISTRATION

OFFICE OF FACILITIES & PROPERTY MANAGEMENT

SET NO. 1 of 1

RON MESMER, ENGINEER at

INTROBA ENGINEERING

10561 BARKLEY STREET, SUITE 100

OVERLAND PARK, KANSAS 66212

CELL: 913.827.8770

EMAIL: Ron.Mesmer@Introba.com

KANSAS HISTORICAL SOCIETY

KSHS GALLERY RENOVATION

ADA RAMP & WALLS LIFE SAFETY

TOPEKA, KANSAS

PROJECT NUMBER A-014965(d)

FEBRUARY 2025

Ben Brooks, Principal Owner/Fire Protection Engineer 10561 Barkley Street, Suite 100 Overland Park, KS 66212 Cell: 314.620.4841 E-mail: Ben@Brooksfireprotection.com

TOC - 3

TABLE OF CONTENTS

KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800 KSHS GALLERY RENOVATION LIFE SAFETY 100% Bid Document BLDG. No. 28800-02260 February 4, 2025

TABLE OF CONTENTS NO. of PAGES

Document A Notice to Bidders Document B Instructions to Bidders Document C Form of Bid Document D General Conditions of the Contract Document E Supplemental General Conditions Document F Form of Contract (DA-141A) Document G Form of Performance Bond Document H Form of Public Works Bond Document I Form of Appointment of Service Agent

DIVISION 01 – GENERAL REQUIREMENTS

Section 01 0000 State of Kansas Requirements

DIVISION 02 THROUGH 20 - NOT USED

DIVISION 21 – FIRE SUPPRESSION

Section 21 0100 Basic Fire Protection Requirements Section 21 0500 Common Work Results for Fire Suppression Section 21 1313 Wet-pipe Sprinkler Systems

DIVISION 22 THROUGH 27 – NOT USED

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

Section 28 3111 Digital, Addressable Fire Alarm System

DIVISION 29 THROUGH 49 - NOT USED

END OF TABLE OF CONTENTS

A - 1

NOTICE TO BIDDERS

KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800

DOCUMENT A - NOTICE TO BIDDERS

PART 1 - GENERAL

1.1 ANNOUNCEMENT OF REQUEST FOR BIDS:

A. The Secretary, Department of Administration announces his request that Bids be submitted for the following construction:

KANSAS MUSEUM OF HISTORY

KSHS GALLERY RENOVATION ADA RAMP & WALLS

LIFE SAFETY

BUILDING NUMBER: 28800-02260

TOPEKA, KANSAS 66615

A-014965 (d)

B. Award, when made, will be single Contract for the "Project as a whole" including all Work for total construction.

1.2 RECEIVING, PUBLIC OPENING AND READING OF BIDS:

A. Sealed bids will be received by the Deputy Director, Procurement and Contracts, Department of Administration, Suite 451S, 900 S.W. Jackson Street, Topeka, Kansas 66612 until 2:00 p.m. (local time) on February 28, 2025, and will at that time and place be publicly opened and read aloud.

1.3 ELECTRONIC BID DOCUMENTS:

A. All parties interested in obtaining bid documents are responsible for registering on the Integrated Digital Technologies (IDT) website: http://kansasdfm.contractorsplanroom.com/.

B. Bidders may view the bid documents on the IDT website, download the bid documents for viewing or printing “in-house” or have the electronic files sent to a printing company of their choice.

C. Bidders will be solely responsible for the cost of printing the bid documents. OFPM will not issue any printed bid documents for bidding.

D. Only parties registered on the IDT website for a project will receive issued Addendums.

E. All tiers of bidders are responsible for understanding the full scope of work covered by the bid documents.

F. Upon award of a contract, the Contractor will be provided ten (10) sets of printed bid documents.

1.4 OBTAINING INFORMATION FOR BIDDERS:

A. Questions concerning the Instructions to Bidders, Form of Contract, Insurances and Bonds shall be addressed to Procurement and Contracts, Department of Administration, Suite 451S, 900 S.W. Jackson Street, Topeka, Kansas 66612, telephone (785) 296-0408, fax (785) 296-7240.

B. If there is a disclaimer of any responsibility by the Project Architect/Engineer for construction documents other than those specifically authenticated by their seal, it in no way waives their contractual obligation to coordinate all the construction documents on the project.

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NOTICE TO BIDDERS

KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800

C. Questions concerning the Construction Contract Documents (Drawings and Specifications) shall be addressed to the Design Team at:

RON MESMER, ENGINEER at

INTROBA ENGINEERING

10561 BARKLEY STREET, SUITE 100

OVERLAND PARK, KANSAS 66212

CELL: 913.827.8770

EMAIL: Ron.Mesmer@Introba.com

1.5 BID RESULTS:

A. Bid results will not be given to individuals over the phone. Results can be obtained by attending the public bid opening. If unable to attend the public bid opening, bid tabulations can be obtained by sending an e-mail to tabsheets@ks.gov or in writing to Kansas Procurement and Contracts, Attn: Bid Results, 900 SW Jackson, Ste. 451, Topeka, KS 66612-1286. Please reference the DCC Project number on the request. There is no charge for individual tabsheets. Copies of individual bids may be obtained under the Kansas Open Records Act by calling (785) 296-0002, requesting an estimate of the cost to reproduce the documents, and remitting that amount to the above address. Upon receipt of the funds, the documents will be sent.

B. Bid results may also be obtained from the Office of Facilities and Property Management; Design, Construction & Compliance. Results will be available three (3) working days after the bid opening by accessing the on-line plan room at http://kansasdfm.contractorsplanroom.com/.

END OF DOCUMENT A

B - 3

INSTRUCTIONS TO BIDDERS

KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800

DOCUMENT B - INSTRUCTIONS TO BIDDERS

1.1 METHOD OF BIDDING AND AWARDING:

A. Bids must be submitted on the Form of Bid issued with each set of Construction Contract Documents.

B. A single Contract will be awarded for the "Project as a whole," including the following classification(s) of work:

1. General

2. Fire Alarm

3. Fire Protection

C. Note: Kansas Statute K.S.A. 75-3741 as amended requires each bidder to list and identify the "major subcontractors" for mechanical and electrical construction as part of the bid when a single Contract for the "Project as a whole" is to be awarded.

1.2 CONTRACTOR PRE-QUALIFICATION

A. This project requires that all contractors wishing to bid as the prime must be pre-qualified by the Office of Facilities and Property Management.

B. For more information on pre-qualification please visit our website at http://www.admin.ks.gov/offices/ofpm/dcc and follow the links to contractor pre-qualification or call (785) 296-8899.

C. Bids submitted by contractors not pre-qualified will be returned to the bidder unopened.

1.3 BIDDER QUALIFICATIONS:

A. Any or all bidders may be required by the Director, Procurement and Contracts to furnish information to support the bidder's capability to comply with conditions for bidding and to fulfill the Contract if awarded the Contract. Such information may include, but not be limited to, the following:

1. Proof of registration with the Kansas Director of Taxation by non-resident Bidders (K.S.A. 79- 1009).

2. Proof of registration with the Kansas Secretary of State by foreign corporations.

3. List of projects of similar size and type the bidder has constructed or in which the bidder has been engaged in a responsible capacity.

4. Evidence the bidder maintains a permanent place of business.

5. A current financial statement.

6. Contractor's Compliance Report and Plan of Action in accordance with provisions of the Kansas Act Against Discrimination (K.S.A. 1978, Supp. 44-1030 and 44-1031).

7. When applicable, provide proof of bidder's authorization for removal, handling and disposal of friable asbestos containing material by attachment of a copy of the Kansas Department of Health and Environment's license to perform said activities. (Ref. K.S.A. 65-5301 et seq.)

1.4 EXAMINATION OF DOCUMENTS AND SITE:

A. Before submitting a bid, each bidder shall carefully examine all Construction Contract Documents pertaining to the work and visit the location of the work to verify conditions under which the work will be performed. Submission of a bid will be considered presumptive evidence the bidder is conversant with local facilities and difficulties, requirements of the Construction Contract Documents and pertinent State and/or local codes and the labor and material markets and that he has made due allowances in his bid

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KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800 for all contingencies. Failure to visit the location of the work may be grounds to reject a bid.

B. Include in bid all costs for labor, materials, equipment, fees, taxes, insurances and other contingencies, with overhead and profit, as necessary to produce a complete installation of the work specified under headings covered by the bid (including all trades specified) without further cost to the Owner.

1.5 PROJECT DOCUMENTS:

A. The Project documents consist of the following items:

1. Document A - Notice to Bidders

2. Document B - Instructions to Bidders

3. Document C - Form of Bid

4. Document D - General Conditions of the Contract (DA-144)

5. Document E - Supplemental General Conditions

6. Document F - Form of Contract (executed)

7. Document G - Form of Performance Bond (executed)

8. Document H - Form of Public Works Bond (executed)

9. Document I - Form of Appointment of Process Agent by Nonresident Contractor (executed)

10. Drawings (when included)

11. Technical Specifications

12. Addenda to Drawings and/or Specifications, duly issued

1.6 INTERPRETATION OF PROJECT DOCUMENTS:

A. Should a bidder find discrepancies in or omissions from the Specifications and/or Drawings, or if there is doubt as to their meaning, the bidder shall advise the Project Architect/Engineer at once.

B. Requests for clarifications and interpretations of the Construction Contract Documents (Technical

Specifications and Drawings) shall be presented to the Project Architect/Engineer in writing at least ten

(10) days prior to the date on which bids are to be opened.

C. Clarifications and interpretations of the Construction Contract Documents will be made only by

Addenda issued to all known persons having same. The Project Architect/Engineer, state agency personnel or Procurement and Contracts will not be responsible for providing any other explanation or interpretation of the Construction Contract Documents.

D. Any clarification or interpretations of the meaning of the Drawings, Specifications, or other pre-Bid

Documents made orally to any Bidder shall not be used by the bidders in preparation of a bid amount unless confirmed in writing via an addendum

E. Receipt of all Addenda shall be acknowledged on the Form of Bid and upon execution of the Contract, all addenda will become a part of the agreement.

1.7 BID AND PERFORMANCE GUARANTY:

A. Each bid submitted in connection with this Project shall be accompanied by a certified check, cashier's check or bid bond in the amount of five percent (5%) of the base bid, payable without condition to the State of Kansas.

B. The bid bond shall be accompanied by a Power of Attorney showing the authority of the person executing the bond on behalf of the Surety Company and should be approved by the Director, Procurement and Contracts prior to opening of bids.

C. An annual bid bond on file with the Director, Procurement and Contracts, may be acceptable for this transaction providing it is equal to or greater than five percent (5%) of the base bid and is payable without condition to the State of Kansas. This bond must be accompanied by a Power of Attorney showing the authority of the person executing the bond on behalf of the Surety Company.

Note: Use of an annual bid bond must be approved by the Director, Procurement and Contracts

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KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800 a minimum of five (5) days prior to the opening of bids. The Director of Procurement and Contracts may disapprove the use of an annual bid bond if said bond is being used as a bid guaranty on more than one (1) project at the same time.

D. In the event of an award, the responsible bidder offering the lowest bid price meeting Specifications will be required to enter into a Contract and provide proof of insurance in the amount required for the project.

Said bidder shall also provide a Performance Bond for the full amount of the Contract. In addition, the bidder will be required to furnish a Public Works Bond for a project of $100,000 or greater, for the full amount of the contract. A Certificate of Deposit, in an amount of 100% of the Contract amount, may be substituted for a Performance and Public Works Bond. All the above documents must be completed and returned within fifteen (15) calendar days after their receipt. Failure to return these documents within the required time period may cause a cancellation of the award and a forfeiture of the full amount of the bid guaranty. Procurement and Contracts may also suspend a bidder from bidding State construction work for six (6) months for failure to comply with this section.

E. Bond forms will be provided by Procurement and Contracts and must be executed with a surety company licensed to do business in the State of Kansas.

F. Bid Guaranties (submitted by certified or cashier's checks) will be returned to unsuccessful bidders when the successful bidder is determined, and a Contract executed. The Bid Guaranty of the successful bidder will be returned when the contract, required Bonds and Insurances are furnished and accepted by Procurement and Contracts. Bid guaranties submitted in the form of a certified or cashier's check will be returned on a State of Kansas warrant.

1.8 APPOINTMENT OF PROCESS AGENT BY NONRESIDENT CONTRACTOR:

A. Pursuant to provisions of K.S.A. 16-113, as amended, a nonresident individual, partnership or unincorporated association, if awarded a Contract, will be required to appoint an agent who is a resident of Kansas who may receive process in any civil action arising from the Contract.

B. The appointment form will be provided by the Procurement and Contracts and must be executed and filed with the Secretary of State as provided by K.S.A. 60-306 and amendments thereto, with a receipt therefore provided to Procurement and Contracts.

1.9 PREPARATION AND SUBMISSION OF BID:

A. Each bid shall be made on the Form of Bid accompanying these instructions. All blank spaces on the Form of Bid shall be filled in. Quote the prices for alternate bids and unit prices as requested.

B. Bid shall not contain recapitulation of work to be done.

C. Bid shall be presented under sealed cover, plainly marked with title of Agency, Building Name, Project Title, Location, and Project number.

D. Bid must be received by the Director, Procurement and Contracts not later than the scheduled closing time.

E. Prior to the complete execution of a construction contract this project may be canceled at any time by the State. Neither the State of Kansas nor any of its agencies, employees or agents shall be responsible for any bid preparation costs, or any costs or charges of any type, should all bids be rejected or the project canceled for any reason prior to the complete execution of a construction contract.

1.10 SIGNING FORM OF BID:

A. Bids which are not signed by the individuals making them shall have attached to them a Power of Attorney evidencing authority to sign the bid in the name of the person for whom it is signed.

B. Bids which are signed for co-partnerships shall be signed by all of the co-partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a Power of Attorney evidencing

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KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800 authority to sign the bid.

C. Bids which are signed for corporations shall have the correct corporate name signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written corporate name, above the words "by (signature)." If such a bid is manually signed by an official other than the president of the corporation, a resolution of the board of directors evidencing the authority of the official to sign the bid shall be attached.

D. If bids are signed for any other legal entity, the authority of the person signing for the legal entity shall be attached to the bid.

1.11 SUBCONTRACTS:

A. Bidders must submit the names and addresses of the major subcontractors for the project as identified on the Form of Bid. If awarded a Contract for the project, the names of the subcontractors will be included as part of the contract. Any changes in listed subcontractors shall be subject to approval by the Secretary of Administration. Only one subcontractor may be listed for each category.

B. If project alternates are listed in the Construction Contract Documents, and the choice of major subcontractors is dependent upon the combinations of alternates the Owner elects to include as a part of the work, a separate sheet shall be attached to the Form of Bid designating the different combinations of such major subcontractors.

1.12 FAX MODIFICATIONS OF BIDS

A. Facsimile (fax) transmissions of bids will not be accepted. However, fax modifications to previously submitted bids will be acceptable. When making fax modifications do not submit on Document C – Form of Bid. State only the ADD or DEDUCT amount to be ADDED or DEDUCTED to or from the base bid, alternate bid, or unit price. Do not give a new total price for the selection. Any changes to listed Subcontractors need to be listed on faxed modification as well. Procurement and Contracts fax number is (785) 296-7240.

B. Do not send Certificate of Tax Clearance in with Fax Modifications or as a Fax Modification. If not submitted with original bid all bidders and major sub-contractors will have 48 hours after bid openings to submit Certificate of Tax Clearance.

1.13 PUBLIC BID OPENING:

A. On the date and at the hour scheduled for closing, the Director, Procurement and Contracts or an authorized representative will open and read the bids publicly for interested bidders or others who may be present.

B. Information obtained at public openings is preliminary only and it shall not be construed the apparent low bidder has met all conditions and Specifications of the bid.

C. If the state offices in Topeka/Shawnee County should be closed due to inclement weather or any other unforeseen condition and we have a project scheduled to bid, all bid openings will be canceled.

1. The revised bid date will be published when we return to the office and will be issued via an addenda.

2. To find information on state office closings, refer to local media sites. (www.wibw.com and www.kansasfirstnews.com)

1.14 WITHDRAWAL OF BIDS:

A. Any bidder may withdraw a bid at any time prior to the scheduled closing time for receipt of bids, but after the scheduled closing time for receipt of bids, no bid may be withdrawn for a period of thirty (30) calendar days subject to the provisions of K.S.A.75-6901 et seq. If a bid is withdrawn after the scheduled closing time, it may result in the forfeiture of all or part of the bid guaranty.

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KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800

1.15 AWARD OF CONTRACT:

A. A Contract will be awarded to the lowest responsible bidder meeting conditions and specifications imposed in the call for bids, but the Director, Procurement and Contracts reserves the right to accept any or all bids or to reject any or all bids for sufficient reason(s) and to waive all technicalities if deemed to be in the best interest of the State of Kansas.

B. At the time of award, Procurement and Contracts will provide the successful bidder with the Contract Forms, the Performance and Public Works Bond Forms and Appointment of Process Agent Form, if applicable, accompanied by instructions for execution, and will also request submission of proof of certain Insurance coverages.

C. The executed Contract, Bonds, and Insurance documents as well as a receipt for filing the Public Works Bond and the Appointment of Process Agent Form with the Clerk of the District Court in the county where the work is to be performed, must be returned to and received by Procurement and Contracts within fifteen (15) working days.

D. Failure on the part of the Contractor to provide the executed documents within fifteen (15) working days may result in withdrawal of the award, re-awarding to the next lower bidder or rebidding the contract and forfeiture of all or part of the bid guaranty.

1.16 NOTICE TO PROCEED:

A. A Notice to Proceed will be issued by the Office of Facilities and Property Management upon receipt by Procurement and Contracts of the Contractor’s signed copy of the Contract and required approved insurance documents.

B. When DCC receives copies of the signed contracts from Procurement and Contracts, DCC will write the Notice to Proceed for contract time to start the next day in accordance with the construction contract stipulations.

C. The Contractor will also be required to submit the required bonds and Appointment of Process Agent

Form (if applicable) to Procurement and Contracts. The Contractor will be allowed to proceed prior to receipt of the bonds and Process Agent Form, but no payments will be made until all these documents are submitted. If appropriate bonds are not provided, no payment will be made.

D. The Procurement and Contracts and Office of Facilities and Property Management reserve the right to withhold issuance of a Notice to Proceed until all documents are received if they are uncertain of the Contractor’s ability to obtain the required bonds.

E. Prior to the issuance of the Notice to Proceed, the State of Kansas shall not be liable for any expenses relating to the bid or Contract, or any expenses related to their preparation.

1.17 CHANGE ORDERS:

A. Changes to the initial Contract are to be made by the Project Architect/Engineer with the approval of the owner and the Director of the Office of Facilities and Property Management.

1.18 LAWS AND REGULATIONS:

A. All applicable laws of the State of Kansas, municipal ordinances and rules and regulations of all authorities having jurisdiction over construction of this Project shall apply to any Contract resulting from a bid on this Project as though herein written out in full.

1.19 PROJECT CLOSE OUT:

A. When the Contract is satisfactorily complete and authorized by the Owner and the Office of Facilities and Property Management, the Project Architect/Engineer will forward a formal Certificate of Project Completion and an Affidavit of Contractor to the Contractor.

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KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800

B. The contractor will sign the Certificate of Project Completion and sign/notarize the Affidavit of Contractor to certify that all debts and claims against this project have either been paid in full or otherwise satisfied.

The contractor will forward both along with the final application for payment back to the architect/engineer.

1.20 PROJECT GUARANTEE:

A. The date of the Certificate of Project Completion shall be the starting date for the guarantee/warranty period, unless partial occupancy requires an earlier date to be set. In that case the guarantee/warranty period for work and equipment serving the occupied area shall begin on the date the Owner takes partial occupancy of that portion of the project.

1.21 REQUESTS FOR SUBSTITUTION PRIOR TO BID DATE:

A. Should a bidder or a manufacturer’s representative wish to incorporate, in the base proposal, brands or products other than those named in the Specifications, he shall submit written request for substitution approval to the Project Architect/Engineer ten (10) calendar days prior to date proposals are due.

Approved substitutions will be set forth in an addendum. Bidders shall not rely upon approvals made in any other manner.

END OF DOCUMENT B

C - 1

FORM OF BID

KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800

DOCUMENT C - FORM OF BID

SUBMITTED BY:

NAME OF COMPANY (Please print or type)

ATTACH CERTIFIED OR CASHIER'S CHECK HERE

IF FURNISHED IN LIEU OF A BID BOND

SUBMITTED TO: SUBMITTED FOR:

Tracy Diel, Deputy Director Procurement and Contracts Department of Administration 900 S.W. Jackson Street, Suite 451S Topeka, Kansas 66612

Kansas Museum of History KSHS Gallery Renovation ADA Ramp & Walls Life Safety Topeka, Kansas 66615

A-014965(d)

Sir or Madam:

In response to your Notice to Bidders and in compliance with the Instructions to Bidders, the undersigned herewith submits his offer to provide all labor, materials, equipment, tools of trades and labor, accessories, appliances, warranties and guarantees and to pay all royalties, fees, permits, licenses, applicable taxes insurances, haulage, storage, superintendency, overhead and profit necessary to complete the following construction work:

BASE BID (LUMP SUM):

For the referenced project and in accordance with the Construction Contract Documents as prepared by the Project Architect/Engineer for a total lump sum price of:

DOLLARS ($ ).

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KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800

MAJOR SUBCONTRACTORS:

The undersigned hereinafter identifies as part of this bid the major subcontractors he proposes to use in the performance of work under the contract. If the bidder will perform the work of a subcontractor with his own forces, he must so indicate by writing his company name in the space where the subcontractor would have been listed. If the choice of major subcontractors is dependent upon the combinations of alternates the owner elects to include as a part of the work, a separate sheet shall be attached to the Form of Bid designating the different combinations of such major subcontractors. No change or substitution may be made in the listed subcontractors without the prior approval of the Secretary of Administration. In order to obtain this approval a written request shall be made to the Director of the Office of Facilities and Property Management.

FIRE ALARM CONSTRUCTION (List one (1) only)

Name

Address

FIRE SPRINKLER CONSTRUCTION (List one (1) only)

Name

Address

TIME OF COMPLETION:

The undersigned agrees to have the work of the project to a point of final completion, including all punch list items, ready for the Project Architect/Engineer's final inspection and the Owner's and Office of Facilities and Property Management’s acceptance by the completion date in the executed contract.

ADDENDA:

The undersigned acknowledges receipt of the following Addenda:

#1( ) #2( ) #3( ) #4( ) #5( ) #None(_ )

STATE TAX:

The undersigned attests this Bidder is not in arrears in taxes due the State of Kansas.

This project has been determined to be exempt from Kansas sales tax, in accordance with the rules of the Kansas Department of Revenue. The cost of said Tax must be EXCLUDED FROM all Bid and Contract Prices. Sales tax includes all applicable state, county and city sales taxes. The Owner's Business Office will provide the Contractor with a copy of the project exemption certificate with the project number for the contractor’s and subcontractor’s use.

FEDERAL TAX:

The undersigned has included in all quoted prices the cost of federal excise tax on all items of construction and equipment subject to said tax.

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KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800

AGREEMENTS:

The undersigned agrees to the following terms and conditions:

1. An incomplete bid or other information not requested which is written on or attached to this Form of Bid, may be cause for rejection of the bid.

2. For a bid to be considered responsive, every blank must be filled in. Failure to do so may result in the disqualification of the bid.

3. A bid may be considered incomplete and non-responsive that does not indicate a price for any alternate bid or unit price described and identified on the Form of Bid. A typed or printed "no bid" entered in the space provided for an alternate bid or unit price may lead to the bid being considered non-responsive and be grounds for rejection of the bid. A typed or printed "no charge" entered in the space provided for an alternate bid or unit price will be considered a valid bid, as will the figure "0.00."

4. He has read the Notice to Bidders and the Instructions to Bidders carefully.

5. The accompanying bid security (bond) (certified check) (cashier's check) in the amount of:

DOLLARS ($ ).

is payable without condition to the State of Kansas, the sum of which it is agreed will be forfeited as liquidated damages for the delay and extra expense caused the owner if the undersigned fails to execute the Contract and to furnish the bonds and insurances required by the Construction Contract Documents.

6. The Director, Procurement and Contracts reserves the right to reject any or all bids and to waive all technicalities should such action be deemed to be in the best interest of the State of Kansas.

7. The Owner reserves the right to accept or reject any or all alternate bids and unit prices.

8. Subject to the provisions of K.S.A.75-6901 et seq. this bid may not be withdrawn for a period of thirty (30) calendar days following the receipt, opening and public reading thereof.

9. Failure to acknowledge receipt of any addendum issued may be cause for a bid rejection.

10. Prior to the complete execution of a construction contract this project may be canceled at any time by the State. Neither the State of Kansas nor any of its agencies, employees or agents shall be responsible for any bid preparation costs, or any costs or charges of any type, should all bids be rejected or the project canceled for any reason prior to the complete execution of a construction contract.

CERTIFICATION REGARDING IMMIGRATION REFORM & CONTROL

All Contractors are expected to comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the Contractor as well as any subcontractor or sub-subcontractor. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this bid, the Contractor hereby certifies without exception that Contractor has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State’s option, may subject the contract to termination and any applicable damages.

Contractor certifies that, should it be awarded a contract by the State, Contractor will comply with all applicable

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KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800 federal and state laws, standards, orders and regulations affecting a person’s participation and eligibility in any program or activity undertaken by the Contractor pursuant to this contract. Contractor further certifies that it will remain in compliance throughout the term of the contract.

At the State’s request, Contractor is expected to produce to the State any documentation or other such evidence to verify Contractor’s compliance with any provision, duty, certification, or the like under the contract.

Contractor agrees to include this Certification in contracts between itself and any subcontractors in connection with the services performed under this contract.

By signing this Form of Bid, the Contractor agrees to follow the Immigration and Reform Control Act of 1986 and any and all amendments to the Act.

DECLARATIONS:

The undersigned hereby declares he has carefully examined the Drawings and Specifications, has visited the actual location of the work, has satisfied himself as to all conditions and understands that, in signing this Form of Bid, he waives all right to plead any misunderstanding regarding same and agrees to be bound by the provisions of said Drawings and Specifications and all statements made therein.

The undersigned proposes to enter into Contract and to furnish and pay for the specified bonds and other required documents within fifteen (15) working days after award of the contract.

The undersigned certifies that he does not have any substantial conflict of interest sufficient to influence the bidding process on this bid. A conflict of substantial interest is one which a reasonable person would think would compromise the open competitive bid process.

All bidders and major sub-contractors listed on the bid form shall not be in arrears in taxes due the state of Kansas.

1. All bidders and major sub-contractors listed on the Form of Bid must submit with their bid, current Certificate of Tax Clearance obtained from the Kansas Department of Revenue. Bidders and listed major sub-contractors can obtain the Certificate of Tax Clearance through the following website:

http://www.ksrevenue.org/taxclearance.html .

2. Do not send Certificate of Tax Clearance in with Fax Modifications or as a Fax Modification. If not submitted with original bid all bidders and major sub-contractors will have 48 hours after bid openings to submit Certificate of Tax Clearance.

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The undersigned attests this Bidder is not in arrears in taxes due the State of Kansas, has attached Kansas Department of Revenue Certificate of Tax Clearance for the Bidder and all major sub-contractors listed on the Form of Bid, and has attached signed State of Kansas - Tax Clearance Status forms from all listed major sub-contractors.

SIGNATURE AND SEAL:

DATED THIS DAY OF , 2024.

LEGAL NAME OF PERSON, FIRM OR CORPORATION

FEDERAL EMPLOYEE IDENTIFICATION NUMBER

MAILING ADDRESS for the above

CITY, STATE and ZIP CODE

TELEPHONE NUMBER FAX NUMBER

CELL PHONE NUMBER E-MAIL ADDRESS

If the bid is submitted by a Corporation, affix seal here.

CONTACT PERSON FOR TAX ISSUES

BY (SIGNATURE) TITLE

BIDDER'S CONTRACTING IDENTIFICATION NUMBER:

To help facilitate the awarding of the Contract and subsequent payment(s) processes, the bidder gives the FEIN (Federal Employers Identification Number) or the SSN (Social Security Number) planned for use when making application for partial or full work compensation. (Use space provided above.)

END OF DOCUMENT

D - 1

GENERAL CONDITIONS OF THE CONTRACT

KANSAS MUSEUM OF HISTORY A-014965(d) / 2035.0012800

DOCUMENT D - GENERAL CONDITIONS OF THE CONTRACT

DA-144 (3-1-01)

ARTICLE INDEX

1. Definitions

2. Specifications and Drawings

3. Additional Instructions

4. Reference Standards

5. Surveys, Permits and Regulations

6. Shop Drawings and Samples

7. Materials and Workmanship

8. Allowances

9. Inspection and Testing of Materials

10. “Or Approved Substitute” Clause

11. Subsurface & Latent Conditions Found Different

12. Changes in Work

13. Separate Contracts

14. Subcontracts

15. Mutual Responsibility of Contractors

16. Project Architect/Engineer's Authority

17. Duties of the Contractor

18. Protection of Work and Property

19. Receiving and Storing Materials and Equipment

20. Safety

21. Correction of Work

22. Construction Schedule and Reports

23. Time for Completion

24. Right of Owner to Suspend Work

25. Right of Owner to Terminate Contract

26. Bonds

27. Substitute Bonds

28. Sales Tax

29. Quantities of Estimates

30. Payments to Contractor

31. Payments by Contractor

32. Subcontractor Payment Indemnification

33. Acceptance of Final Payment as Release

34. Use and Occupancy Prior to Acceptance

35. General Guarantee

36. Arbitration, Damages, and Warranties

37. Patents and Royalties

38. Indemnification

39. Assignments

40. Required Provisions Deemed Inserted

41. Kansas Acts Against Discrimination

42. Antitrust

43. Optional Performance and Payment Guarantee

44. Simultaneous Execution of Construction Contracts

45. Evaluations

46. Drug Testing

47. Licensure

1. DEFINITIONS

The following terms as used in this contract are respectively defined as follows:

A. The term Project Engineer refers to the Project Engineer employed or designated by the Secretary of the Kansas Department of Administration for professional services in accordance with K.S.A. 75-1253, 75-1254, 75-1256 or employed by the Owner pursuant to K.S.A. 75-5801 et seq., as amended or any designee of the Secretary of Administration who is vested with the authority and responsibility to act as Project Architect/Engineer for this project.

B. As directed, rejected, approved, and other words of similar meaning which authorize any exercise of judgment, shall be distinctly understood to mean that such power to direct, reject, and approve shall be vested only in the Project Architect/Engineer, Owner, and the Office of Facilities and Property Management.

C. The construction representative or inspector is appointed by and responsible to the Office of Facilities and Property Management. He inspects capital improvement projects ensuring construction is in accordance with approved code footprints, building codes and accessibility laws.

D. Contract: The agreement between the Contractor and the Owner covering the work to be done.

CONTRACT DOCUMENTS

1. The Contract Documents, enumerated in the table of contents of this project manual shall form a part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were fully set forth.

2. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. The intention of the documents is to include all labor, materials and equipment necessary for the proper execution of the Work.

3. Contract Documents consist of the Notice to Bidders, Instructions to Bidders, Form of Bid, Contractor's Performance Bond, Contractor's Public Works Bond to the State, the Contract, General Conditions, D - 2

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Supplemental General Conditions, Specifications, Drawings, Maps, Plats, etc., prepared or furnished by the Project Architect/Engineer, and Addenda, including additions and/or modifications therein incorporated before the execution of the Contract. Contract Documents shall also include written clarifications, Change Orders and written interpretations by the Project Architect/Engineer which are made after execution of the Contract which are not included in Change Orders.

E. The Contractor is a person, firm or corporation with whom the Contract is made by the Owner.

F. The Contractor's superintendent is the Contractor's chief representative at the Project site or related work area.

G. The Director is the head of the Office of Facilities and Property Management and, under certain delegated authority, acts on behalf of the Secretary of Administration.

H. The Office of Facilities and Property Management is a unit of the Department of Administration of the State of Kansas authorized to administer, enforce or interpret laws relating to construction on state property.

I. Final Project Completion is the date upon which the Contractor shall be completed with all punch list items to the satisfaction of the Owner, Project Architect/Engineer and Office of Facilities and Property Management and all systems are fully tested, balanced, corrected and functional. Final completion is to occur on or before the adjusted contract completion date. It is at this point that the Contractor may apply for final payment of the contract sum at which point a Certificate of Project Completion shall be written.

J. The Owner is the State agency, representing the State of Kansas, with whom the agreement with the contractor is executed.

K. The Owner’s Representative is the person(s) appointed by and responsible to the Owner. He acts on behalf of the Owner in matters relating to the execution of the contract.

L. Partial Occupancy (for phased projects only) is the date that a separate wing or portion of the building receives final completion as designated above.

M. Wherever the word "Plan" is used, the word "Drawing" may be substituted, and vice versa.

N. The Prime Contractor is that Contractor identified in the Contract to serve as coordinator and director of all work when separate contracts are awarded for different portions of the project.

O. The term "provide" shall be interpreted to mean, "furnish and install in place."

P. A Subcontractor is a person or organization who has a contract with the Contractor to perform any of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. A lower-tier Subcontractor is a person or organization who has a contract with a Subcontractor or another lower-tier Subcontractor to perform any of the Work at the site. Nothing contained in the Contract Documents shall create contractual relationships between the Owner or the Project Architect/Engineer and any Subcontractor or lower-tier Subcontractor, of any tier.

Q. Substantial completion is the point at which the Owner, Office of Facilities and Property Management, and the Project Architect/Engineer agree the work, or a designated portion thereof, is sufficiently complete so that the Owner may occupy or use the premises for its intended purpose. Substantial completion will not occur until all items relating to fire exiting, notification, detection, separation or suppression on the fire code footprint of record are completed.

R. The term “supplier” also is applicable to those furnishing materials, equipment or supplies to be incorporated in the project whether work performed is at the site or in the factory, or both.

S. A suitable warehouse shall be approved by the Project Architect/Engineer, and Owner’s Representative and must comply with the following.

1. The facility shall be an independent, commercial warehouse not owned by the Contractor or Supplier.

2. The facility must have established material warehousing procedures.

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3. The warehouse shall be located within an acceptable distance of the project site, as established by the Project Architect/Engineer, and Owner’s Representative.

4. The Project Engineer and Owner’s Representative shall be provided with all documentation required by Article 30 - Payments to Contractor.

5. All materials for the Owner’s project must be stored in the name of Owner.

T. Surety: Approved surety bound with and for the Contractor to insure his acceptable performance of the Contract and for his payment of all obligations under the Contract.

U. The term "Work" includes all labor necessary to complete the construction required by the Contract Documents for this Contract, and all materials, equipment and supplies incorporated or to be incorporated in such construction.

V. Written notice will be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, if delivered at or sent by mail to the last business address shown to the party giving notice, or if transmitted via e-mail or facsimile to the e-mail address or facsimile number provided by the firm or entity.

2. SPECIFICATIONS AND DRAWINGS

A. These Specifications are of an abbreviated form and contain incomplete sentences. Omissions of words or phrases such as "the Contractor shall," “shall be," "as noted on the Drawings," "according to the Drawings," "a," "an," "the" and "all" are intentional. Omitted words and phrases shall be supplied by inference in the same manner as when "note" occurs on the Drawings.

B. Owner, Contractor, Project Engineer, are those mentioned as such in the Contract Documents. They are treated throughout the Contract Documents as if each were of singular number and masculine gender.

C. Specifications are separated into titled divisions for convenience of reference, and to facilitate letting of contracts and subcontracts. Such separations will not, however, operate to make the Project Architect/Engineer an arbiter to establish limits of subcontracts or to establish jurisdiction.

D. The drawings, herein referred to consist of drawings prepared by the Project Architect/Engineer and are identified and incorporated in these Contract Documents.

E. Drawings are intended to show general arrangements, design, and extent of work and are partly diagrammatic. As such, they shall not be scaled.

F. Details take precedence over smaller scale general drawings.

G. In case of conflict between drawings and specifications, or between drawings and other drawings, the project architect is to be contacted for clarifications.

H. Any specific provision in any of the Contract Documents which may be in conflict or inconsistent with any of the articles in these General Conditions or the Supplementary General Conditions shall be controlling for that specific project.

I. Should conflicts in Contract Documents occur, either in quality or quantity of work required, the Contractor shall, unless clarification has been issued by addenda prior to receipt of bids, furnish, and install work in accordance with either of the conflicting provisions of the documents as the Project Architect/Engineer may direct.

J. If the Contractor observes that drawings and specifications are at variance with any laws, ordinance, rules, regulations, or codes applying to the Work, he shall promptly notify the Architect Owner, and Office of Facilities and Property Management in writing, and any necessary changes will be adjusted as provided in Contract Documents. However, it is not the responsibility of the Contractor to make certain that the Contract Documents are in accordance with applicable laws, statutes, building codes, and regulations.

K. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complimentary, and what is required by one

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L. Drawings consist of sheets enumerated in these Contract Documents and of such detailed drawings and instructions as will be provided during the progress of the Work, to fully explain and carry out the requirements of these specifications and the drawings.

M. Drawings, specifications, and copies thereof furnished by the Owner are and shall remain its property. They are not to be used on another project and, with the exception of one contract set for each party to the Contract, shall be returned to the Owner’s Representative on request, at the completion of the Work.

3. ADDITIONAL INSTRUCTIONS

A. The Contractor may be furnished additional instructions, clarifications, and/or detail drawings by the Project Architect/Engineer as necessary to carry out the intent of the Work included in the Contract. The additional Drawings and/or instructions thus supplied will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the Work in accordance with the additional detail drawings and/or instructions.

4. REFERENCE STANDARDS

A. For products or workmanship specified by association, trade or Federal standards, comply with requirements of the standard, except when more rigid requirements are specified.

B. Obtain copy of standards when required by Contract Documents.

C. Should specified reference standards conflict with Contract Documents, request clarification from the Project Architect/Engineer before proceeding.

D. References to known Standard Specifications mean and intend the latest edition of said Specifications adopted and published as of the date of invitation to submit Bids. References to technical society, organization or body are made in the Specifications.

E. Codes, industry standards and guidelines referenced in the Contract Documents include but are not limited to the following acronyms:

ADAAG Americans with Disabilities Act Accessibility Guidelines

ACI American Concrete Institute

AIA American Institute of Architects

AISC American Institute of Steel Construction

ANSI American National Standards Institute (all publications)

ARI American Refrigeration Institute

ASHRAE American Society of Heating, Refrigeration & Air-Conditioning Engineers, Inc.

ASME American Society of Mechanical Engineers

ASTM American Society for Testing Materials

AWI Architectural Woodwork Industry

AWSC American Welding Society Code

CBM Certified Ballast Manufacture

FM/IRI Factory Mutual/Insurance Rating Institute

GCEHMF Guidelines for Construction and Equipment of Hospital and Medical Facilities

IBC International Building Code

ICEA Insulated Cable Engineers Association

IEEE Institute of Electrical and Electronics Engineers

IFC International Fire Code

IFGC International Fuel Gas Code

IMC International Mechanical Code

IPC International Plumbing Code

JCAHO Joint Commission on Accreditation of Healthcare Organizations

Kansas Boiler Safety Act Rules and Regulations

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LSC Life Safety Code

MRCA Midwest Roofing Contractors Association

NEC National Electrical Code

NEMA National Electrical Manufacturers Association

NESC National Electrical Safety Code

NFPA National Fire Protection Association

NIST National Institute of Standards & Technology

NRCA National Roofing Contractors Association

OSHA Occupational Safety and Health Act

SIGMA Sealed Insulating Glass Manufacturers Association

SMACNA Sheet Metal Air Conditioning National Association

UL Underwriters Laboratories, Inc.

5. SURVEYS, PERMITS AND REGULATIONS

A. If additional site information is required beyond that shown in the Contract Documents, the Contractor shall be responsible for all site, topography and property surveys not provided.

B. The Contractor shall pay all fees and shall procure all applications, permits, licenses and approvals necessary for the execution of his Contract. See K.S.A. 75-3741c.

C. The Contractor shall give all notices and comply with all State and Federal laws, codes, rules and regulations relating to the performance of the Work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities.

D. If…