RFP Snow Removal.PDF

KANSAS CITY BOARD OF PUBLIC UTILITIES

RFP 90027

BPU Snow Removal

Request for Proposals

RFP PROJECT 90027

BPU SNOW REMOVAL

LEGAL NOTICE AND INVITATION TO SUBMIT PROPOSALS

RFP Project No: 90027 BPU Snow Removal

Date: 9/29/2025

Buyer/Contract Coordinator: Jacquelyn Bagby

Buyer/Contract Coordinator Phone No: 913-573-9010

Buyer/Contract Coordinator E-Mail: jbagby@bpu.com

Mandatory Pre-Proposal Conference 9/16/2025 – 9:00 AM 1st Floor Conference Room

Proposer Questions Due: 9/23/2025

Response to Questions Issued via DemandStar: 9/3020/25

Proposal Due Date: 10/6/2025

Proposal Due Time: 12:00 PM

Address Proposal to: Director of Purchasing Kansas City Board of Public Utilities 540 Minnesota Avenue Kansas City, Kansas 66101

Introduction

The Kansas City Board of Public Utilities (“BPU” or “Purchaser”) is an administrative agency of the Unified

Government of Wyandotte County/Kansas City, Kansas, and is self-governed by an elected six-member

Board of Directors. BPU’s mission is to focus on the needs of its customers and to improve the quality of life in the community while promoting safe, reliable and sustainable utilities. BPU operates an annual budget of $393 million, and serves approximately 67,000 electric customers and 53,000 water customers.

More information on BPU can be found at www.bpu.com.

Description of Project: This RFP is for Snow removal for the winter seasons starting October

2025 through spring 2028 with the option to renew 2 one-year extensions, at the following locations. See Site Maps-Attachment A

Nearman Creek power Plant-4240 N 55th St, Kansas City, KS Nearman Water Treatment Plant-4301 Brenner Dr, Kansas City, KS Quindaro Power Plant-3601 N 12th St. Kansas City, KS BPU Administration building to include parking garage-540 Minnesota Ave, Kansas City, KS

Services requested

Snow removal in lots will begin at 1” of snow depth, 0.5” slush depth and 0.5” of sleet/ice/freezing rain depth. Salting in lots will be applied at request of customer.

Sidewalk clearing will begin at 1” of snow depth, 0.5” slush depth and 0.5” of sleet/ice/freezing rain depth. Salting of sidewalks will be done at request of customer.

http://www.bpu.com/

Pretreatment applications to either lots or sidewalks will be done at customers request.

Description of Minimum Qualification Requirements:

Proposals will only be considered from qualified contractors who have previously demonstrated their ability to comply with the technical specifications through prior work. Qualified contractors must have minimum of five (5) years of relevant experience, and must demonstrate this by submitting a list of at least three (3) previous like projects and customers.

Qualified proposers must fully respond to all requirements of this RFP, must demonstrate the financial and logistical resources necessary to complete the Work according to the project timeline, and must provide evidence of their quality and safety programs.

Bidders must attend mandatory pre-proposal meeting at:

BPU Administration building 540 Minnesota Ave, Kansas City KS 9/16/2025 9:00 AM – 1ST Floor Conference Room

During the pre-proposal meeting we will tour the sites to review snow removal areas and address any questions.

Proposal Submittal:

The responses to this Request for Proposals will be made using the BPU’s forms provided through

DemandStar. These forms can be reformatted as desired but all information required on each form must be clearly shown. Proposers may supplement these forms with their own written proposals.

Proposers must submit one electronic copy of their proposal by time and date specified in DemandStar.

At a minimum, the following documents shall be completed and submitted in DemandStar:

A. Consultant’s Proposal Acknowledgement

B. Exhibit A - Clarifications and Exceptions

C. Exhibit B – Experience and References

D. Exhibit C – Subcontractors

E. Exhibit D – Pricing and Schedule

F. Exhibit E – Safety

G. Exhibit F – Certificate of Insurance

H. Exhibit G – Additional Information

I. Exhibit H – Contractor’s Proposal

Asking Questions or Clarifications:

Proposers may request additional information by submitting their questions via email to: Jacquelyn Bagby, jbagby@bpu.com and purchasing@bpu.com by the date specified herein. All questions must be directed to the Department of Purchasing and Supply. Answers to all questions will be promulgated in writing to all Proposers in the form of addenda through DemandStar. Proposers shall not discuss details of this Request for Proposals with any other BPU personnel outside of the Purchasing Department.

PROPOSAL EVALUATION:

Purchaser will only consider Proposals by Proposers who meet the minimum qualifications as specified herein.

The Purchaser shall evaluate each qualified Proposal by comparison of the relative merit of each Proposal using numerical calculation, rankings or other applicable method. Any award resulting from this RFP shall be made to the responsible Proposer whose proposal is determined to be the most advantageous to the

Purchaser. Awards shall not be based solely on the lowest proposed price. Proposal evaluations will include:

• Scope of work pricing

• Past project experience on similar work

• Safety

• Exceptions taken to the technical specifications and contract terms

• Ability to supply the equipment and personnel to complete the Scope of Work

The Purchaser shall be the sole judge of whether a Proposal meets the requirements, the results of the

Proposal evaluation and whether Proposer is qualified to be awarded the contract. Purchaser’s determination and selection of the Proposer resulting from the proposal evaluation shall be final.

Additional Requirements

The successful Proposer shall enter into a contract with the BPU and furnish the required insurance certificates satisfactory to the BPU. Thereafter, all obligations of unselected Proposers shall cease. The

BPU reserves the right to reject any or all Proposals and waive irregularities therein, and all Proposers agree that such rejection shall be without liability on the part of the BPU for any penalty of any kind brought against the BPU because of such rejections. By filing any Proposal in response to this invitation, Proposer agrees to these conditions.

Upon BPU’s receipt of a proposal, the proposal shall become the property of BPU without compensation to the Proposer, for disposition or usage by the BPU at its discretion. Subject to the provisions of the

Kansas Open Records Act, the details of the proposal documents will remain confidential until final award.

mailto:jbagby@bpu.com mailto:purchasing@bpu.com

The BPU assumes no responsibility or obligation to the Proposers and will make no payment for any costs associated with the preparation or submission of the proposal.

Proposals that take exception or make addition to any term or condition, technical requirement, or submission requirement are subject to disqualification at the BPU’s discretion.

A proposer may not withdraw its Proposal after the submittal deadline.

Proposal Acknowledgments

By submitting the proposal in response to this RFP, the Proposer acknowledges and accepts the following:

1. Receipt of any Addenda Issued in DemandStar

The Proposer has received and incorporated all changes in response to any Addendums that may have been issued as part of the Request for Proposal.

2. Declarations and Understandings

a. The Proposer, declares that the only persons or firms interested in the proposal as principal or principals is or are named herein, and that no other persons or firms other than herein stated, have any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company, or parties making a proposal; and that it is in all respects fair and in good faith, without collusion or fraud.

b. The full names, addresses, phone numbers and email addresses of persons and firms interested in the Proposal, as principals, are as follows:

1. [Proposer Principal information]

2.

3.

c. The undersigned agrees that if BPU provides written notice of the acceptance of the Proposal, the

Proposer shall execute a contract in the form of the Contract Agreement herein incorporated by reference along with meeting all additional obligations of the Request for Proposal.

d. The Proposer designates the following as its office address, phone number and email address to which such notice of acceptance may be electronically delivered:

1. [Proposer’s contact information including: name, office address, phone number, and email address]

e. This project may be TAX EXEMPT. If it is tax exempt, a tax exemption certificate will be provided to the Proposer prior to invoicing.

f. The Proposer has made a careful examination of the location of the proposed work, if applicable, and all technical requirements, and determined the amount and character of the proposed work, equipment, and material necessary to complete the same in compliance with the Contract Documents, and has become acquainted with the conditions which would affect work.

g. That it has carefully checked all requirements herein set forth and their proposal fully complies with the requirements herein except as further described in Exhibit A – Clarifications and Exceptions.

h. That it has been engaged in contract work of the scope required by the specifications in accordance with the experience requirements as contained herein and further justifies and explains similar scope of work and references along with contact information in Exhibit B - Experience and

References.

i. That this proposal is based on subletting portions of the work to the subcontractors described in

Exhibit C - Subcontractors. The listed subcontractors shall be used by Proposer for the Work of this project.

Proposer also states that no substitutions will be made or additional portions of the work will be sublet without the written consent and approval of the Purchaser.

j. It has not paid or agreed to pay any fee or commission or any other thing of value contingent upon the ward of this contract to any BPU or Unified Government employee or official or to any current

Proposer to the BPU or the Unified Government; or to any broker or agent or any other person; and

k. The prices contained in this proposal have been arrived at independently and without collusion, consultation, communication, or agreement intended to restrict competition.

l. Purchaser’s determination and selection of the Proposer resulting from the proposal evaluation shall be final.

3. ALTERNATE PROPOSALS (optional)

For consideration of the Purchaser, the Proposer, may propose alternates to the base proposal. These alternates are described in the proposal submitted and are clearly identified as an alternate to the base proposal.

4. EXCEPTIONS (optional)

The Proposer declares that terms, conditions, equipment, accessories, etc., offered all fully comply with the requirements herein specified except as indicated in the attached document. Any exceptions, technical or commercial, shall be submitted in Exhibit A – Clarifications and Exceptions.

5. PRICING

The pricing shall be provided by Proposer in Exhibit D – Pricing and Schedule. Pricing shall be firm and is not subject to price adjustment due to escalation or de-escalation.

By completing this document and submitting in DemandStar, I hereby certify that the information provided in response to the Request for Proposal is valid.

PROPOSER’S AUTHORIZATION:

Printed name of authorized representative:

Title:

Company Name:

Address:

City, State, Zip:

Phone Number:

Email Address:

Federal Tax ID Number:

(Submit this form with your proposal)

Exhibit A - Clarifications and Exceptions

Contractor shall specify any exceptions taken to any of the RFP requirements in Exhibit A – Clarifications and Exceptions.

Contractor shall state the specific exception and accurately reference the RFP article number to which the exception applies. This should be done for all commercial and technical clarifications and exceptions.

(Submit this page with your proposal)

Exhibit B – Experience and References

Contractor shall provide a minimum of 3 references, including contact information (company, name, phone number, email address) with utilities or companies with whom Contractor has done business with during the past 5 years. And, Contractor should specify if Contractor has experience working with utilities similar to BPU. Contractor shall also provide owner, location, approximate contract value, contract duration, and scope/description of the work provided.

If Contractor has similar experience in other similar industries, that could also be provided.

Exhibit C – Subcontractors

Contractor shall provide subcontractors that will be used as part of their Proposal, including contact information (company, contact name, address, phone number, email address). Contractor shall clearly identify the scope of work that will be provided by the subcontractor along with estimated percentage of work to be completed by subcontractor.

Exhibit D – Pricing & Schedule

Fill out the attached Pricing RFP 90027 Snow Removal worksheet in DemandStar and submit with your proposal. You can submit pricing in your proposal, however we want the pricing worksheet completed as well.

(Submit Pricing Worksheet with Proposal)

Exhibit E – Safety

Contractor shall provide the following:

1. Evidence of demonstrated safety program (safety manual, procedures, etc.) that meets the requirements of OSHA and any other governing regulations.

2. Evidence of Employee Orientation and On-Going Training Program (Training Policies and Procedures, etc.).

3. Copy of Contractor’s drug testing program.

4. Documentation for the Experience Modification Rate (EMR) (Avg. Last 3 Years)

5. Documentation to support OSHA Incident Rate (TCIR Avg. Last 3 Years)

6. Documentation for Number of OSHA Citations (Last 3 Years)

7. OSHA recordable injury incident rate and lost workday case rate (OSHA 300 and 300A Reports)

8. Please provide documentation to support Employee Hours Worked (Avg. Last 3 Years)

(Submit any relevant Safety Information with Proposal)

Exhibit F – Certificate of Insurance

Contractor shall provide current sample Certificate of Insurance with their proposal.

Note: Insurance requirements are included in Paragraph 28 of the General Conditions.

(Submit Certificate of Insurance with your proposal)

Sample Certificate of Insurance

Exhibit G – Additional Information

If Contractor would like to submit additional information to support their proposal please, include it as part of Exhibit G.

Exhibit H – Contractor’s Proposal (Optional)

If Contractor is supplementing the RFP with their own proposal, please include it as part of Exhibit H.

GENERAL CONDITIONS

GC-1 CONTRACT DOCUMENTS

The "Contract Documents" shall be as listed in the Contract Agreement.

GC-2 DEFINITIONS

Whenever the following words and expressions appear in the solicitation document, contract documents, or any amendment hereto, the definition or meaning described below shall apply.

A. “Amendment” means a written, official modification to a solicitation document or to a contract.

B. “Attachment” applies to all forms which are included with a solicitation document to incorporate any informational data or requirements related to the Performance

Requirement.

C. "Contractor" shall mean the party entering into contract for the performance of work covered therein, and its duly authorized representatives.

D. "Day" or "days" shall mean a calendar day or days of twenty-four hours each

E. "Date of award", "date of accepting proposal", "effective date", or words equivalent thereto, shall mean the date which the Purchaser accepted the Contractor's proposal and authorized preparation of formal Contract Documents.

F. "Drawings" shall be all drawings which have been prepared by the Purchaser as a basis for proposals, drawings submitted by the successful Proposer with its proposal, and by the

Contractor to the Purchaser if and when approved by the Purchaser's Representative, and all drawings submitted by the Purchaser or the Purchaser's Representative to the Contractor during the progress of the work, as provided herein.

G. "Hazardous Materials" means any product or chemical for which a Material Safety Data Sheet reveals: (1) Specific hazardous ingredients or, (2) General hazardous characteristics as defined by Federal or Kansas regulations.

H. "Law" shall mean law of the state of Kansas and shall govern the project and the Contract.

I. "Observer" shall mean the Purchaser's Representative, or technical observers duly authorized by the Purchaser's for duties limited to those particularly entrusted to him or them.

J. "Purchaser" shall mean the Kansas City Board of Public Utilities of the Unified Government of

Wyandotte County, Kansas City, Kansas or the Unified Government of Wyandotte County, Kansas City, Kansas, acting through its duly authorized representatives.

K. "Purchaser's Representative" shall mean the Purchaser's Electrical, Mechanical, Civil

Engineering or Environmental Services Departments, or its duly authorized representative

L. “Request for Proposals” means the procurement document issued by the BPU Department of

Purchasing and Supply to potential proposers for the purchase of equipment, supplies or services as described in the document. The definition includes these Terms and Conditions as well as all Pricing Pages, Exhibits, Attachments, and Amendments thereto.

M. Written notice shall be deemed to have been duly served, if delivered in person to the individual, or to a member of the firm or to an officer of the corporation, for whom it is intended; or if delivered at or sent by registered mail to the last business address known to those who give notice.

N. The words, “approved,” “reasonable,” “suitable,” “acceptable," “properly," “satisfactory,” or like words shall mean approved, reasonable, suitable, acceptable, proper or satisfactory in the judgment of the Purchaser and Purchaser's Representative.

O. The words "as indicated" refer to the contract drawings. "As specified" refers to the Contract

Documents specifications.

P. Expressions "it is understood and agreed", "agreed upon" or like expressions mean the mutual understanding and agreement of the Contractor and Purchaser.

GC-3 INTENT OF DOCUMENTS

A. The intent of the Contract Documents is to specify all materials, equipment, and transportation necessary for the proper and complete delivery of the equipment or material specified.

B. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all.

C. Materials described in words, which so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standards.

D. Reference to known standards shall mean, and intend, the latest edition published prior to date of specification.

E. It is not intended that work not covered under any heading, section branch, class, or trade, of the specifications shall be supplied unless it is shown on drawings or is reasonably inferable therefrom, as being necessary to produce the intended completed work.

GC-4 OPEN COMPETITION

It shall be the Proposer’s responsibility to ask questions, request changes or clarification, or otherwise advise the Department of Purchasing and Supply in writing if any language, specifications, or requirements of a proposal appear to be ambiguous, contradictory, or arbitrary or appear to inadvertently restrict or limit the requirements stated in the proposal to a single source. Any and all communication from proposers regarding specifications, requirements, competitive process, etc. must be directed to the

Department of Purchasing and Supply. Such communication should be received at least seven calendar days prior to the official due date for the proposals.

Every attempt shall be made to ensure that the Proposer receives an adequate and prompt response.

However, in order to maintain a fair and equitable proposal process, BPU will inform all proposers of any relevant or pertinent information related to the procurement by issuing a written amendment to the proposal. Therefore, unless specified elsewhere in the proposal, any questions received by BPU less than seven calendar days before the due date may not be answered.

The only official position of the BPU or the Unified Government is that position that is stated in writing and issued by the Department of Purchasing and Supply in the request for proposals and amendments thereto. No other means of communication, whether oral or written is a formal or official response or statement.

GC-5 ASSIGNMENT OF CONTRACT

A. The Contractor shall not assign or transfer this contract, nor sublet it as a whole, to any entity to which the Purchaser has any reasonable objection. Assignment or transfer of the Contract shall be only with written consent of the Purchaser.

B. Such consent of Surety, together with copy of assignment, shall be filed with the Purchaser's

Representative.

C. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of its liabilities and obligations under this Contract.

D. Should any assignee fail to perform the work undertaken in a satisfactory manner, the Purchaser may, at its option, annul and terminate assignee's contract.

E. Except as may otherwise be provided herein, this contract inures to the benefit of and shall be binding upon the successors and assigns of the contract.

GC-6 EQUAL EMPLOYMENT OPPORTUNITY

A. Contractor shall observe the provisions of the Kansas Acts Against Discrimination, K.S.A.

44-1001 et seq. and amendments thereto, and shall not discriminate against any person in the performance of work under this Agreement because of race, religion, color, sex, disability, age, national origin, or ancestry.

B. Contractor will ensure that applicants and employees are treated without regard to race, religion, color, sex, disability, age, national origin, or ancestry, including, but not limited to, in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

C. Contractor, in all solicitations or advertisements for employees placed by or on behalf of

Contractor, will state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, disability, age, national origin, or ancestry.

D. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor.

E. If Contractor fails, refuses, or neglects to comply with the terms of these contractual conditions, such failure shall be deemed a total breach of the contract and this Agreement may be terminated, canceled, or suspended, in whole or in part, and Contractor may be declared ineligible for any further BPU contracts. Provided that, if a contract is terminated, canceled, or suspended for failure to comply with this section, Contractor shall have no claims for damages against BPU on account of such termination, cancellation, or suspension or declaration of ineligibility.

F. Contractor shall maintain sufficient records to document that, under all aspects of this

Agreement, it has acted in a manner which is in full compliance with the Kansas Acts Against Discrimination. Such records shall at all times remain open to inspection by the Kansas Human Rights Commission or by BPU.

G. Contractor, in carrying out this Agreement, shall also comply with all other applicable existing federal, state, and local laws relative to equal opportunity and nondiscrimination, all of which are incorporated by reference and made a part of this Agreement.

GC-7 HAZARDOUS MATERIALS

A. Any chemical products proposed to be brought to the work site must have received prior approval from the BPU Environmental Services Department. The Contractor must submit Safety

Data Sheets ("SDS") to the BPU Environmental Services Department for all prospective materials required by law to have SDS before the materials arrive onsite. It is the responsibility of the

Contractor to inform BPU employees of any chemical hazards that BPU employees may be exposed to in conjunction with the products used in the performance of the Contractor’s work at a BPU work site through issuance of such SDS. It is also the responsibility of the Contractor to assure that the use of approved products in the Work follows all directions and suggestions on relevant SDS.

B. Contractors performing Work at BPU facilities, where exposure to hazardous chemicals is possible, will be informed of the hazards present by the BPU Representative. Such BPU

Representative will also recommend personal protective equipment for Contractor employees, as appropriate.

C. Contractors performing Work at BPU facilities, where liquid or solidified waste is generated in the performance of the Work, shall submit a detailed description of how the waste is generated and its known waste characteristics to BPU’s Environmental Services Department.

Environmental Services shall approve of waste determinations, specifically whether the waste is a "hazardous waste" or "special waste" as defined by all applicable regulations. If the waste is

"hazardous" or "special" by definition of characteristic(s), the BPU’s Environmental Services

Department shall be provided a copy of the waste profile(s) and a copy of all associated Bill of

Lading(s) (BOL), manifest(s), and terminated manifest(s). These shall be sent to the attention of the Director of Environmental Services.

D. Asbestos-Containing Materials ("ACM") are present in locations throughout the Purchaser's site.

No mechanical maintenance or repair, building renovation or demolition, maintenance or other activity may occur without prior review by Purchaser and BPU’s Environmental Services

Department for the possibility of contact with, or disruption of ACM. Contractor shall not proceed with any Work that may disturb ACM or suspected ACM material.

E. Contractor is responsible for removing all of its non-hazardous leftover waste from the job site upon completion of Work. Failure to do so will result in deduction of removal cost from the

Contractor's invoice. Purchaser recognizes that the performance of Work at the site may involve the generation of hazardous waste as such term is defined in the Resource Conservation and

Recovery Act (42 U.S.C. 6091, et seq.), the laws of the state in which the site is located, and the rules or regulations issued thereunder as are now in effect or hereafter amended from time to time (such generated hazardous waste being herein referred to as "Hazardous Waste").

Contractor shall at its expense furnish containers for Hazardous Waste and upon the

Environmental Service Departments approval, shall designate a waste storage facility at the site where such containers are to be placed by Contractor and labeled with the words “Hazardous

Waste”. Contractor shall handle, store, inspect and dispose of Hazardous Waste in accordance with all applicable federal, state and local laws, rules, regulations and ordinances. In the event of any change in any such laws, regulations, rules, or ordinances, Contractor shall reimburse

Purchaser for additional costs, if any, incurred in complying with such changes.

F. The terms "Asbestos" and "Presumed Asbestos Containing Material" shall have the meanings set forth in the United States Code of Federal Regulations Chapter 29 Section CFR 1926.1 101 et seq., and "ACM" shall mean Asbestos and Asbestos containing materials.

l. The Purchaser warrants and represents that, in any areas which may be accessed by Contractor or its subcontractors, any ACM which is or is contained in thermal insulation or sprayed-on surfacing material is conspicuously and specifically marked as ACM, and any other ACM is in a lawful condition.

2. Prior to Contractor's commencement of Work at Purchaser’s site:

a. The Purchaser shall, at Purchaser's expense remove all thermal insulation, sprayed-on surfacing material, and/or Presumed Asbestos Containing Material (any or all of the foregoing hereinafter "PACM"), and ACM which may be disturbed during or removal of which is required for the performance of the Contractor's Work; and,

b. The Purchaser shall ensure that any areas where any activities involving the abatement or removal of PACM or ACM shall be conspicuously identified, posted and isolated, all as required by applicable law.

PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, IN CONTRACTOR PERFORMING

THE SERVICES AND DISPATCHING THE EMPLOYEES TO WORK AREAS, CONTRACTOR IS RELYING

UPON THE AGREEMENTS, WARRANTIES, AND REPRESENTATIONS MADE BY PURCHASER IN THIS

PARAGRAPH GC-7. Without limiting its other rights and remedies, Contractor (i) shall not be obligated to commence, and may stop any affected Work, unless and until it is fully satisfied that the Purchaser is in compliance with this paragraph GC-7 and (ii) shall be entitled to an equitable adjustment in the schedule, price and other provisions of the Agreement resulting from Purchaser's non-compliance.

3. In no event shall Contractor be obligated to install, disturb, handle or remove any PACM except as specifically agreed to in writing by the Parties and only after Contractor has been provided acceptable chemical analyses verifying that the same are not ACM.

4. Contractor makes no representation that it is licensed to abate ACM.

GC-8 RELEASE OF LIABILITY

The acceptance by the Contractor of the final payment shall operate as and shall be a release to the

Purchaser, and every officer and agent thereof, from all claims and liability to the Contractor for anything done or furnished for or relating to the work, or for any act or neglect of the Purchaser or of any person relating to of affecting the work.

GC-9 SPECIFIC MATERIALS AND EQUIPMENT

A. Throughout the Contract Documents, certain types of equipment or kinds of materials may be specified by manufacturer's names or trade names and catalog numbers. Products of manufacturers other than those specified may be accepted if it is proven to the satisfaction of the Purchaser and Purchaser has provided written acceptance that they are equal in quality and serviceability, that their use will not require revisions of related work, and that there will be an advantage to the Purchaser.

B. Requests for such substitutions shall be made in writing and be supported by sufficient data and samples, if required, to permit a fair evaluation of the proposed substitute with respect to quality, serviceability, warranty and cost. Such proposed substitutions will be considered and may be approved, if, in the opinion of the Purchaser, the substitute product is equal to or better than the product specified.

GC-10 ADDITIONAL, OMITTED OR CHANGED WORK

A. The Purchaser, without invalidating the Contract, may order additional work or make changes by altering, adding to, or deducting from the work, the contract price being adjusted accordingly. All such work shall be executed under the conditions of the original contract and be subject to the same inspection and tests as though therein included. Any claim for extension of time caused thereby shall be adjusted at the time of ordering such change.

B. The BPU Representative shall have the right, by written instructions, to make minor changes in the work not involving cost or schedule and not inconsistent with the purposes of the work.

Otherwise, except in an emergency endangering life or property, all extra work or changes shall be done as ordered in writing by the Purchaser, which order shall state the location, character, amount and method of compensation. No extra work or change shall be made unless in pursuance of such written order by the Purchaser, and no claim for an addition to the contract price shall be valid unless so ordered.

C. The adjustment to the contract price for any such extra work or change shall be determined in one or more of the following ways:

1. By a lump sum price agreed upon prior to starting the additional or changed work.

2. By unit price named in the Proposal or as agreed upon prior to starting the additional or changed work.

D. Additional cost for bonds, liability and property damage, and other insurance required, where cost is necessarily increased by coverage of the additional or changed work.

1. The Contractor shall keep and present in such form as the BPU Representative may direct, a correct account of the several items of cost together with vouchers.

2. The above definitions and requirements apply equally to work done by subcontractors.

E. Supplemental Costs

1. Changed work shall be adjusted considering separately the parts of work added and the parts omitted. Amount of adjustment for parts omitted shall be estimated at the time omission of the work is authorized, and the agreed adjustment will be deducted from subsequent monthly estimates.

2. Statement for additional or changed work shall be rendered by the Contractor not later than fifteen (15) days after completion of each assignment of additional or changed work and if found correct will be approved by the BPU Representative and submitted with the next regular monthly payment.

3. The Purchaser reserves the right to contract with any person or firm other than the

Contractor for any or all extra work.

4. The Contractor's attention is especially called to the fact that it shall be entitled to no claim for costs, consequential damages or any anticipated profits on any portion of the work that may be omitted.

GC-11 DELAYS AND EXTENSION OF TIME

A. The Contractor hereby agrees that time is of material importance in undertaking to complete the work within the herein fixed time, it has taken into consideration and made allowances for all of the ordinary delays and hindrances incident to such work, whether growing out of delays in securing materials or workers, or otherwise.

B. Cause for delay in the completion of the work shall be from causes beyond Contractor's control, including the following:

1. Abandonment of the work by the workers engaged thereon through no fault of the

Contractor. Specifically, nationwide or regional strikes and lockouts or strikes and lockouts affecting all divisions of the affected Party.

2. Delays caused by court proceedings.

3. Additions or omissions ordered by written change order by the Purchaser.

4. Neglect, delay or default of any other contractor employed by the Purchaser.

5. Abnormal weather conditions, other than normal seasonal changes.

6. War, riots, acts of public enemy or terrorist.

7. Purchaser's failure to obtain permits or regulatory approvals.

GC-12 TERMINATION FOR CONVENIENCE:

A. Termination. The Director of Purchasing & Supply may terminate this contract in whole or in part for the convenience of Purchaser. The Director of Purchasing & Supply shall give written notice of the termination to the Contractor specifying the part of the contract terminated and when termination becomes effective.

B. Contractor's Obligations. The Contractor shall incur no further obligations in connection with the termination work and on the date set in the notice of termination the Contractor will stop work to the extent specified. The Contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work. The

Director of Purchasing & Supply may direct the Contractor to assign the Contractor's right, title, and interest under terminated orders or subcontracts to Purchaser. The Contractor must still complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so.

GC-13 PAYMENTS

Payment for all equipment, supplies, and services shall be made in arrears. Purchaser shall not make any advance deposits unless provided in the solicitation document.

Unless otherwise specified in contract documents, Contractor shall invoice Purchaser at specified points in the project, either upon predetermined completion percentages or at regular intervals. In no event shall Purchaser be required to pay an invoice less than 30 days from its receipt.

The Purchaser assumes no obligation for equipment and supplies shipped in excess of the quantity ordered. Any unauthorized quantity is subject to the Purchaser’s rejection and shall be returned at the

Contractor’s expense.

GC-14 PAYMENT WITHHELD

The Purchaser may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of payment to such extent as may be necessary to protect himself from loss on account of the following:

A. Defective work or material not remedied.

B. Claims filed, or reasonable evidence indicating probable filing of claims.

C. Failure of the Contractor to make payments properly to subcontractors or for material or labor.

D. Damage to another contractor.

E. Any other violation of or failure to comply with the provisions of this contract.

When the above grounds are removed, payment will be made for amounts withheld because of them.

The Purchaser shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to this Article, to the party or parties entitled to payment therefrom. The Purchaser will render the Contractor an accounting of funds so disbursed.

GC-15 ACCEPTANCE AND FINAL PAYMENT

No equipment, supplies, work, or services received by the Purchaser shall be deemed accepted until the

Purchaser has had reasonable opportunity to inspect said equipment, supplies, work, or services.

All equipment, supplies, work, or services which do not comply with the specifications or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, work, or services which are discovered to be defective or which do not conform to any warranty of the

Contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.

The Purchaser reserves the right to return any such rejected shipment at the Contractor’s expense for full credit or replacement and to specify a reasonable date by which replacements must be received.

The Purchaser’s right to reject any unacceptable equipment, supplies, work or services shall not exclude any other legal, equitable, or contractual remedies available to the Purchaser.

As soon as the work has been satisfactorily completed, BPU Representative will make a final estimate based on the information furnished by Contractor stating that the contract has been completed under the terms and conditions of the Contract Documents, and will deliver said final estimate to the Purchaser, and the balance found to be due the Contractor according to the terms of payment shall be paid by the

Purchaser, as provided under "Payments".

Prior to filing final estimate, Contractor shall file with the Purchaser a sworn statement that bills for all material and equipment used in the work have been paid. This shall be a completed Statement of

Contractor and Affidavit form, which is part of this contract. If all bills have not been paid the statement shall include a complete list of all unpaid bills.

The making and acceptance of the final payment shall constitute a waiver of all claims by both parties to the Contract, other than the following:

A. Claims arising from unsettled liens.

B. Faulty work or materials discovered after final payment, which do not meet the requirements of the Contract Documents.

C. Claims previously made by the Contractor and still unsettled.

If the work has been partially, but substantially, complete o the extent that all adjustments in the contract price may be made including those as specified under "Additional, Omitted or Changed Work", the BPU

Representative or Purchaser, may, if material delay in completion is anticipated or if otherwise deemed in the interest of the work, file a final estimate retaining, in addition to other requirements which may be specified under "Payments", an amount representing the cost of unfinished work. Such payment shall be made under the terms and conditions governing final payment except that it shall not constitute a waiver of claims.

GC-16 ADMINISTRATIVE AUTHORITY

The BPU is an administrative agency of the Unified Government of Wyandotte County/Kansas City, Kansas, as successor to the City of Kansas City, Kansas, pursuant to Unified Government Charter Ordinance #106 adopted under the authority of the Kansas Constitution and its home rule provision. The BPU's operational and administrative control is vested in a six-member elected Board of Directors (the Board).

On October 1, 1997, the Governments of Wyandotte County and the City of Kansas City, Kansas were consolidated into one entity known as the Unified Government of Wyandotte County/Kansas City, Kansas.

The Unified Government succeeded to all powers and duties of the former County and the former City.

The Charter Ordinances governing the BPU remain in effect.

GC-17 AGREEMENT WITH KANSAS LAW

This Agreement shall be subject to, governed by, and construed according to the laws of the State of

Kansas.

GC-18 CASH BASIS LAW – Not Used

GC-19 DISCLAIMER OF LIABILITY

The BPU and the Unified Government shall not hold harmless or indemnify any Contractor, for any third party liability claims whatsoever.

The Contractor agrees to protect, defend, indemnify and hold the Purchaser, its officers, employees, and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character in connection with or arising directly or indirectly out of the error, omission, recklessness, negligent act, or willful misconduct of the Contractor. Without limiting the generality of the foregoing, any and all such claims, etc., relating to personal injury or of any other tangible or intangible personal or administrative order, rule or regulation, or decree of any court, shall be included in the indemnity hereunder. The Contractor further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc. at his/her sole expense and agrees to bear all other costs and expenses related thereto, even if such claim is groundless, false or fraudulent.

GC-20 COMMUNICATIONS AND NOTICES

Legal notice shall be given to the Contractor in writing to the following address:

Contractor Attention Address 1 Address 2

Legal notice shall be given to the Purchaser in writing to the following addresses:

General Manager Board of Public Utilities 540 Minnesota Avenue Kansas City, Kansas 66101

With a copy to:

Chief Counsel Legal Department, Municipal Office Building 9th Floor 701 N. 7th Street Kansas City, Kansas 66101

GC-21 DISCRIMINATION IN DELIVERY OF SERVICES PROHIBITED

During the performance of this Agreement, Contractor shall deny none of the benefits or services of the program to any eligible participant on the basis of race, religion, color, sex, disability, age, national original, or ancestry.

GC-22 ACCEPTANCE OF CONTRACT

This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given, and must be signed by the BPU’s General Manager or the Unified Government’s County Administrator.

GC-23 ARBITRATION, DAMAGES, WARRANTIES

Purchaser will not agree to binding arbitration or payment of damages or penalties upon the occurrence of a contingency. Further, the Purchaser shall not agree to pay attorney fees and 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.

GC-24 REPRESENTATIVE’S AUTHORITY TO CONTRACT

By signing this document, the representative of the Contractor hereby represents that such person is duly authorized by the Contractor to execute this document on behalf of the Contractor and that the

Contractor agrees to be bound by the provisions thereof.

GC-25 RESPONSIBILITY FOR TAXES

If this contract is for procurement for which the Purchaser is tax exempt, the BPU shall not be responsible for, nor indemnify a Contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

GC-26 TERMINATION FOR DEFAULT

Default. If the Contractor refuses or fails to perform any of the provisions of this contract with such diligence as will ensure its completion within the time specified in the contract, or any extension thereof, or commits any other substantial breach of this contract, the BPU Director, Purchasing & Supply Chain may notify the Contractor in writing of the delay or nonperformance and if not cured in ten days or any longer time specified in writing by the Director, Purchasing & Supply Chain, such agent may terminate the

Contractor’s right to proceed with the contract or such part of the contract as to which there has been delay or a failure to properly perform.

Compensation. Purchaser shall pay the Contractor the costs and expenses and reasonable profit for services performed by the Contractor prior to receipt of the notice of termination; however, Purchaser may withhold from amounts due the Contractor such sums as the BPU Director, Purchasing & Supply Chain deems to be necessary to protect Purchaser against loss caused by the Contractor because of the default.

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults or subcontractors, the Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms if the Contractor has notified the Purchaser within 15 days after the cause of the delay and failure arises out of causes such as, acts of God; acts of the public enemy; act of the BPU and any other governmental entity in its sovereign or contractual capacity; fires, floods, epidemics, quarantine restrictions; strikes or other labor disputes. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the

Contractor to meet the contract requirements.

Upon request of the Contractor, the Purchaser shall ascertain the facts and extent of such failure, and, if such agent determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the Contractor’s progress and performance of the contract shall be revised accordingly, subject to the rights of Purchaser under the clause entitled “Termination for

Convenience.”

Erroneous Termination for Default. If, after notice of termination of the Contractor’s right to proceed under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, and both Purchaser and the Contractor agree, the rights and obligations of the parties shall be the same as if the notice of termination had not been issued. Otherwise, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the clause entitled “Termination for Convenience.”

GC-27 REPRESENTATIONS

The Contractor certifies that:

The price submitted is independently arrived at without collusion.

The Contractor has not knowingly influenced and promises that it will not knowingly influence a BPU or

Unified Government employee or former BPU or Unified Government employee to breach any ethical standards.

The Contractor has not violated, and is not violating, and promises that it will not violate the prohibition against gratuities and kickbacks.

The Contractor has not retained and will not retain a person to solicit or secure a BPU contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business.

GC-28 INSURANCE REQUIREMENTS

The Contractor shall secure and maintain throughout the duration of this work, insurance necessary to protect the Contractor and the interests of the Kansas City Board of Public Utilities and the Unified Government against all hazards and risks of loss. Policies of insurance are required to be placed with insurer’s rated B+, or higher, by A.M. Best.

Minimum coverage required:

Worker's Compensation & Employer's Liability Insurance:

The certificate shall evidence that coverage applies to work performed in the State of Kansas. Liability limits shall not be less than the following:

Worker's Compensation: Statutory Limits, State of Kansas

Employer's Liability: $500,000 per occurrence / aggregate

Automobile Liability Insurance:

This insurance shall cover the operation on or off the site of the work of all motor vehicles licensed for highway use whether they are owned, non-owned or hired. Liability limits shall not be less than the following:

Auto Liability:

Combined single limit of $2,000,000 per occurrence

Commercial General Liability Insurance:

Liability limits shall not be less than the following:

Commercial General Liability:

$5,000,000 per occurrence and project aggregate.

Additional Insured:

All Certificates of Insurance must indicate the Kansas City Board of Public Utilities, in the name and on behalf of the Unified Government of Wyandotte County, Kansas City, Kansas, or the Unified Government of Wyandotte County/Kansas City, Kansas be…