Request for Proposal
Number: 87147
NOTE: This complete document can be viewed at our website: www.purchasing.ku.edu
PR Number: 1874 Buyer: Deana Merryman
Replaces Contract: New Telephone: 785-864-5971
Date Mailed: August 24, 2009 E-Mail Address: merryman@ku.edu
Web Address: www.purchasing.ku.edu
Closing Date: October 5, 2009, 2:00 PM
Item: Transit and Maintenance Facility: Facility Purchase, Lease or Lease/Purchase
Department: University of Kansas Parking and Transit Department
Location: Lawrence, KS
Term of Contract: See specified options.
Pre-proposal Conference - A mandatory pre-proposal conference will be held at 10 a.m. on Thursday, September 10, 2009 at the following location:
University of Kansas Memorial Union
Level 6, English Room
1301 Jayhawk Blvd.
Lawrence, KS 66045-7548
Parking is available in the Parking Garage north of the Union.
Attendance is required at the pre-proposal conference. Failure to attend the pre-proposal conference will result in your bid rejection. Questions requesting clarification of the Request for Proposal must be submitted electronically (MS Word) to the Buyer indicated above, prior to the close of business on Wednesday, September 2, 2009. Impromptu questions may be permitted and spontaneous unofficial answers provided, however bidders should understand that the only official answer or position of the University will be in writing.
Failure to notify the Buyer of any conflicts or ambiguities in the Request for Proposal may result in items being resolved in the best interest of the University. Any modification to this Request as a result of the pre-proposal conference, as well as written answers to written questions, shall be made in writing by addendum and posted on the KU Purchasing Services’ website at www.purchasing.ku.edu. Only written communications are binding.
It shall be the responsibility of all participating vendors to acquire any and all addenda and additional information as it is made available from the web site cited above. Vendors are required to check the website periodically for any additional information or instructions.
READ THIS REQUEST CAREFULLY
Failure to abide by all of the conditions of this Request may result in the rejection of a bid.
The University of Kansas, Lawrence campus (hereinafter referred to as the “University”) and the City of Lawrence, Kansas, a city of the first class under the laws of the State of Kansas (hereinafter referred to as the “City”) are currently working to coordinate University and City transit systems to the highest degree possible and in a manner to provide seamless service for riders. As part of these coordination efforts, the University and City desire to share a transit maintenance and operations facility that is for the exclusive use of the University and City.
The University is soliciting proposals from Vendors to provide for the following:
(i) Purchase (Turn-Key) Option: Developer or Owner development of a new shared Transit Facility (design/build). The Purchase Option is the preferred option, if financially feasible.
(ii) Lease Option: The lease of a new, renovated or existing structure and site for use as a shared Transit Facility.
(iii) Lease/Purchase Option: The lease of a new, renovated or existing structure and site for use as a shared Transit Facility, with an option to purchase at termination of the lease.
Proposals may be submitted for the Purchase (Turn-Key) Option, the Lease Option, the Lease/Purchase Option or all three. Vendors are requested to provide proposals that include the base bid and all alternates, as identified within this RFP. The University has the option to request additional information or clarification.
The Vendor shall take into account all requirements as noted below and shall identify within their proposal any additional commonly accepted industry standards, if an omission is noted. The University reserves the right to disapprove any proposed site or facility and/or approve any waivers from the provisions listed below. The final design details will be jointly developed by the University, City, and the successful Vendor, and the final design will be approved by the University and City. The following facility requirements will identify the scope of work for the proposals to be submitted.
A. Facility Requirements: The following requirements apply with regard to the Purchase (Turn-Key) Option, the Lease Option and the Lease/Purchase Option:
- Acreage. Offered property must provide:
a. a minimum land area of approximately 8 functional acres for current transit related purposes;
b. an additional adjacent 5 acres (approximate) for the indicated Alternates and future expansion;
c. additional acreage as needed to address specific site issues or City or County planning/land use requirements (including stormwater detention requirements); and
d. overall site conditions to provide adequate turning radius movements (50’ external radius and 27’ internal radius) for 40-foot buses and semi-tractor trailers.
2. Location. The site shall be located within ½ mile of the City limits of Lawrence, Kansas. Emphasis will be placed on locations that are in proximity to the University and/or existing University and City transit routes.
3. Access. Convenience of access to the site by University and City buses and employees of the University and City transit operator. The primary access points to the site should be located on streets classified as a collector or higher (collector, minor arterial, principal arterial) and at locations where traffic controls are in place that will facilitate the movement of large numbers of buses into and out of the site in short time periods. If access points are located on local streets, those access points should be in close proximity to collector and/or arterial streets. The design and location of access points for this site shall meet the City access management standards and KDOT access management standards, if applicable.
4. Land Use. The zoning of the site and compatibility of surrounding land uses with the proposed use of the site, including consideration of traffic impacts on the proposed project and surrounding uses will be considered. The site must not include any historic or archaeological sites or environs that would require review by the State Historic Preservation Officer. The site must comply with all City or County requirements, including potential annexation, platting, zoning and site planning. If applicable, Vendor should address these items in the proposed schedule within Vendor’s proposal.
5. Physical Characteristics. Site grades should be 1-4%. Appropriate soils at the site should support the proposed improvements. Existing topsoil on the site should be sufficient for the site’s grading and landscape needs without requiring importation or exportation of excess soils. Avoid sites where the topography of the site will require any unusual grading expenses. The site or any part of the proposed site must not be located within a flood plain. (Provide all available soil test reports, topographic maps and surveys with flood plain information.)
6. Environmental Considerations. The site must be free of hazardous wastes or materials that would require treatment or abatement. The site must not be located within or adjacent to a wetland or other protected area that might impact or delay development of the site. (Provide all available maps, environmental studies or test results).
7. Land Encumbrances. The property must be free of encumbrances such as easements or rights of third parties that would prevent or interfere with development or operations. (Furnish current title insurance commitment with copies of all documents identified as exceptions on the commitment. Not required for lease option. Furnish current survey depicting all surveyable exceptions shown on title and flood plain status of property. If a survey is not available, please provide last recorded deed along with the Property Identification Number.)
8. Utilities. All required utilities must be available to the site and Vendor should identify the need, if any, to extend service to the site. (Indicate location of utilities to site; include maps or surveys identifying utility locations.)
9. Site Design and Circulation.
9.1. Drives and parking areas: All drives and access aisles to be used by transit vehicles must provide adequate turning radius (50’ external radius and 27’ internal radius) movements. Eliminate all potential obstacles.
9.1.1 Internal circulation patterns throughout the site should maximize left turns whenever possible for increased driver visibility.
9.2. Staging of Vehicles: The site should be designed to allow for ease in moving buses through a process of parking/staging, to fueling area, to bus wash area, and return to parking, as well as maintenance/repair staging and pullout repairs.
9.3. Parking for Service Vehicles:
9.3.1 On-site parking must be provided for the following:
9.3.1.1. 70 forty foot transit buses (102” wide)
9.3.1.2. 30 paratransit buses (30’ long)
9.3.1.3. 10 passenger cars (for service use)
9.3.1.4. 85 employee parking spaces
9.3.1.5. 3 visitor parking spaces
9.3.1.6. Pull-through parking stalls for buses are highly preferable.
9.3.1.7. Service vehicles can be parked 3 deep (end to nose) if vehicles are in alignment.
9.4. Site Improvements to include the following:
9.4.1. The site and facility must meet all City/County, Code, OSHA, ADA and other applicable state and federal regulations. Additionally, preference will be given to facilities complying with ASHRAE 90.1 + 30%, which is the current University standard.
9.4.2. Drives and parking areas to have pavement with concrete curb and gutter for all paved areas, to meet City and County requirements. All areas where vehicles are driven or parked are to be paved. For safety, it is desirable to provide separate vehicular entrances for staff and for fleet vehicles.
9.4.2.1. 8” reinforced concrete pavement is required for all areas where buses are to be driven or parked. Alternate pavement proposals may be considered at the option of the University.
9.4.2.2. Employee parking may be asphalt, per City standards.
9.4.3. All interior islands in bus parking areas are to be paved to match surrounding pavement and marked only by paint. No raised curbs are allowed in these areas to facilitate bus-turning movements. This criteria may require approval of a variance from the Board of Zoning Appeals.
9.4.4. Flagpole: Provide an appropriate height, lighted flagpole at a prominent location around the front of the facility, with appropriately sized American flag and State of Kansas flag.
9.4.5. Exterior Signs: Include an exterior building identification sign to comply with the new KU Wayfinding Standards (approximate cost $4600 installed) and all necessary identification and directional signage on the site for facilities, entrances, parking, and exiting.
9.5. Fencing: Install 8 foot high chain link fencing to meet University and City requirements in a manner to secure access to the service vehicle parking areas. No barbed wire is required.
9.5.1. Manual sliding gates for use with standard padlocks required. Padlocks must comply with Fire/Medical requirements for access.
9.6. Site Lighting: Install adequate site lighting throughout the site to meet the City and County planning/land use requirements and to the satisfaction of the University.
9.7 Building Requirements: At a minimum, the Vendor shall provide clean and well-maintained facilities to meet all City/County codes and the following requirements:
9.7.1 General Description: The finished space is anticipated to be single story. Full height walls will be required to provide suitable separation under the building code. Preferably, partitions are to be drywall with acoustic ceiling in the office space. While the entire facility will be heated, only the office area will be air-conditioned. To reduce the potential for vehicle impacts, all drywall partitions in vehicle areas will be protected by bollards, curbs, or guardrails. Provide necessary interior signage to identify office area uses and restricted areas. It is preferable to provide secured access from the public lobby area to the remainder of the facility.
9.7.2 The remaining high-bay space for maintenance will require adequate lighting and required ventilation, provided by a combination of exhaust fans and direct gas fired make-up air units. The gas fired make-up air units will also serve to temper the space and preclude freezing. Space heating will be supplemented at the maintenance bays with gas fired low intensity radiant heaters. A carbon monoxide monitoring system will be included for control of the ventilation system.
9.7.3 It is anticipated that stored vehicles will shed water from washing operations, rainfall, and snowmelt. To facilitate drainage, area drains will be included in the maintenance shops (one for each bay) and connect to the oil-water separator and to the sanitary sewer.
9.8 Utilities and Infrastructure:
9.8.1 Adequate electrical service and outlets for current and future expansion are required, as well as an emergency standby generator(s) to back up life-safety and operational items in the building (to include full use of Dispatch area and fully functional data and phone communications throughout the building).
9.8.2 Natural Gas – for heating systems.
9.8.3 Water – City water service or acceptable rural water system, if approved by University.
9.8.4 Telephone and data – Communications services to be delivered into the building as identified on the Building Program chart below. Since this facility is off-campus, communication service must be provided by a utility company. Data (Cat 6 Ethernet) and telephone cables between IT Server Room and station locations with number of jacks as per specifications in chart. Broadband data (internet) connection and telephone connection to proposed site capable of call-center type volume (16 phone lines).
9.8.5 Sanitary Sewer
9.8.6 Stormwater management
9.9 Building Program: The following chart identifies the minimum needs for required use areas and the desired square footage estimate for each:
Building Program
|
Program Space |
Qty |
Ethernet Data Jacks |
Phone |
Desired Net SF |
Sub-Total Net SF |
Desired Total Net SF |
|
Office Area |
|
|
|
|
|
3090 |
|
Lobby/ Application Desk/Administration Office |
1 |
2 |
0 |
200 |
|
|
|
Operations Mgr. Offices – 2 work stations |
1 |
2 |
2 |
200 |
|
|
|
General Mgr. Office w/ small conference area |
1 |
2 |
1 |
180 |
|
|
|
Dispatch with multiple work stations and 150 driver mailboxes nearby |
1 |
8 |
6 |
430 |
|
|
|
Workroom, Locked File Storage, Training Storage |
1 |
1 |
|
200 |
|
|
|
IT Server Room |
1 |
- |
- |
60 |
|
|
|
Employee Break Room, with lockable curtain wall opening to Training Room |
1 |
1 |
1 |
450 |
|
|
|
Training Room (for up to 30 people with Break Room curtain wall open) and Training Manager office (ability to lock) |
1 |
2 |
1 |
700
|
|
|
|
Men’s Public Restroom/Locker Rm. |
1 |
|
|
300 |
|
|
|
150 Lockers adjacent to Men’s and Women’s Restrooms/Locker Rooms |
|
|
|
|
|
|
|
Women’s Public Restroom/Locker Rm. |
1 |
|
|
300 |
|
|
|
Janitor Closet |
1 |
|
|
70 |
|
|
|
|
|
|
|
|
|
|
|
Maintenance Area |
|
|
|
|
|
7305 |
|
Maint. Mgr./ Parts Office – 2 work stations |
1 |
4 |
2 |
200 |
|
|
|
Secured Vault Room |
1 |
|
|
80 |
|
|
|
Office Storage/ Maintenance Storage |
1 |
1 |
|
300 |
|
|
|
Unisex Restroom |
1 |
|
|
65 |
|
|
|
Parts Room |
1 |
1 |
|
1340 |
|
|
|
Maintenance Bays – drive through preferred |
4 |
|
|
1330 (avg) |
5320 |
|
|
|
|
|
|
|
|
|
|
Total Facility |
|
|
|
|
|
10,395 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
9.10 Spatial Layout: Refer to the attached diagram “Preferred Spatial Relationships within Proposed Transit Facility to identify the proposed building uses and relationships of spaces for use in designing the layout of the building.
9.11 Building Design
9.11.1 The facility must meet all City/County, Code, OSHA, ADA and other applicable state and federal regulations. Additionally, preference will be given to facilities complying with ASHRAE 90.1 + 30%, which is the current University standard.
9.11.2 Separate entrances should be provided for the public and for the operators.
All furnishings within the building that are not permanently attached are to be provided by University. Permanently attached furnishings identified below to be provided by Vendor.
9.12 Office Area
9.12.1 A lockable sliding plexiglass window should be placed between the administration office and the lobby area if areas are separate.
9.12.2 The employee break room is to include a sink and countertop area with outlets, and space provided with an electrical outlet for a refrigerator and microwave.
9.12.3 Data and telephone lines as indicated. Additional lines may be installed by a properly qualified technician selected by University.
9.12.4 Two-tiered lockable lockers with a shelf and coat hooks should be installed in the locker rooms or in a hallway adjacent to the locker rooms provided they are not visible to the general public.
9.12.5 Open mailboxes and or slots for operators should be installed close to Dispatch.
9.13 Maintenance/Shop Area to include the following:
9.13.1 A drive-through design for maintenance bays and 8” concrete flooring is preferred. Alternate flooring proposals will be considered at the option of the University.
9.13.2 To preserve the concrete floor required in the maintenance area, an epoxy floor sealer is recommended. Granules for slip resistance should be included. Alternate floor finish proposals will be considered at the option of the University.
9.13.3 Maintenance bays capable of handling all vehicle types within the fleets. Lifts will be provided by the transit service provider. Appropriate electrical service and outlets should be included within each bay.
9.13.4 One floor drain in each bay, draining to oil-water separator and then to sanitary sewer.
9.13.5 One hose bib in each maintenance bay.
9.13.6 16’ wide x 14’ tall overhead door for each maintenance bay.
9.13.7 A unisex restroom should be located with access only to the maintenance area. A foot-operated hand washing station must be located near the restroom entrance, but open to the maintenance area.
9.13.7.1 Hot and cold water required for restroom and wash sink.
9.13.8 Two eyewash stations, spaced for optimal access within the maintenance bay areas.
9.13.9 Oversized (human-scale) door for entry to the parts storage from the shop area. Accessible with a pallet jack. Parts Room shelving to be provided by University.
9.13.10 Fluids storage
9.13.10.1 Four 250-gallon double wall fluid tanks with pumps plumbed to overhead hose reels (2). Reels to be located with one at each end of maintenance facility.
9.13.10.2 Storage for ten 50-gallon drums.
9.13.10.3 Prefer separate storage room for all fluids storage.
9.13.11 Maintenance Manager’s Office – should provide door access directly to shop area and a window for visibility to the shop area. Door access directly to parts room desirable, but not required.
9.13.12 PA System: Provide a PA system from the Dispatch Office and the Maintenance Manager’s office to the shop (maintenance bay) area
10 Future Expansion: In addition to the acreage required for the current transit facility needs (approximately 8 acres), Vendor must identify within the proposal how the anticipated acreage for future expansion would be provided, as well as the proposed pricing and the terms. It is anticipated that 5 acres would be required for all future expansion needs, in addition to acreage needed to address specific site issues or City or County planning/land use requirements (including stormwater detention requirements). Pavement for this area would not be required until such time that the area is developed for use.
11 Occupancy Date: The site and all facilities, including any accepted alternates, must be ready for occupancy and use on or before December 1, 2010. Accordingly, proposals must include, as applicable, a timetable for the acquisition or lease of the property and the development schedule of the proposed property in order to meet this deadline. Timetable should include all required review processes for City/County, state, or federal regulation compliance.
12 Alternates: Vendor is responsible for any and all improvements for all Alternates chosen by the University, in a manner to meet City/County, Code, OSHA and other applicable state or federal regulations.
12.1 Alternate #1: Bus Wash: Provide an enclosed commercial grade bus wash station on site. If on-site is not feasible, identify proposed alternate site. Proposals for alternate sites and use agreements will be considered.
12.1.2 Facility must meet all City/County and other regulatory requirements.
12.1.3 On-site facility must be dedicated for exclusive use by University and City vehicles. Proposals for alternate sites and for use agreements will be considered, and the proposal must identify the location, details and terms of the facility and the charge per vehicle wash, if applicable.
12.1.4 Preferable to have an automatic brush system, with brushes spaced to optimize 96 - 102” width vehicles.
12.1.5 Necessary to provide logical vehicle movement sequencing from parking/staging, to fueling station, to bus wash, and back to parking. Necessary to provide ease of access to and from bus wash, with no anticipated delays due to road conditions or traffic.
12.1.6 Preferable to have enclosed detailing area, free from spray zone, following the wash station. If enclosed area cannot be provided, an adequate staging area on the surface lot is required.
12.1.7 Adequate site and interior lighting must be provided for round-the-clock use.
12.2 Alternate #2: Fueling Station: As an alternate, provide a diesel fueling station on site. On-site facility must be dedicated for exclusive use by University and City vehicles. Proposals for sites adjacent to the facility or alternate sites will be considered. The proposal must identify the location and details of the facility. For adjacent or alternate sites, the proposal must also identify the terms of the facility, shared use agreements, and fueling charges, if applicable.
12.2.2 Facility must meet all City/County and regulatory requirements.
12.2.3 Fueling area must be covered for protection from the weather and adequately lit for round-the-clock use.
12.2.4 If a shared use fueling station is proposed, at least two fast fueling lanes must be dedicated for exclusive use by University and City transit vehicles from 6:00 p.m. to 6:00 a.m. daily. May be available to the general public at other times. For University and City use, must have fuel accounting/management system acceptable to University and City.
12.2.5 An adequate generator must be provided to allow fueling during power outages.
12.2.6 Necessary to provide logical vehicle movement sequencing from parking/staging, to fueling station, to bus wash, and back to parking, with adequate space for all turning movements. Necessary to provide ease of access to and from fueling facility, with no anticipated delays due to road conditions or traffic.
12.2.7 If applicable, Vendor to identify rate structure and terms for fuel purchases within proposal.
12.3 Alternate #3: Canopies for Service Vehicle Parking Areas: As an alternate, provide estimate to include covered canopies with adequate lighting underneath canopies for all service vehicles. Bird nesting sites under the canopy are to be eliminated. Columns for canopies must not interfere with bus turning movements. Provide site plan to meet above requirements and proposal to identify canopy manufacturer, specifications and additional lump sum cost (or additional lease cost on an annual basis for the lease or lease/purchase options).
12.4 Alternate #4: Expanded Transit Facility: As an alternate, provide an expanded transit facility per the requirements shown below. The square footage numbers shown below represent the total for an expanded facility and are NOT in addition to the base facility program. Proposals should indicate the pricing for this alternate as the additional cost to build the expanded transit facility above and beyond the cost of the base bid.
|
Program Space |
Qty |
Ethernet Data Jacks |
Phone |
Desired Net SF |
Sub-Total Net SF |
Desired Total Net SF |
|
Office Area |
|
|
|
|
|
5850 |
|
Lobby/ Application Desk |
1 |
2 |
0 |
178 |
|
|
|
Administration Office |
1 |
2 |
2 |
120 |
|
|
|
Operations Mgr. Offices |
2 |
2 |
2 |
120 |
240 |
|
|
General Mgr. Office |
1 |
2 |
2 |
158 |
|
|
|
Dispatch |
1 |
8 |
8 |
428 |
|
|
|
Small Conference Room |
1 |
2 |
1 |
212 |
|
|
|
Workroom |
1 |
1 |
0 |
64 |
|
|
|
Locked File/Storage Room |
1 |
1 |
0 |
136 |
|
|
|
IT Server Room |
1 |
1 |
1 |
69 |
|
|
|
Employee Break Room |
1 |
1 |
1 |
474 |
|
|
|
Training Room for 30 people |
1 |
2 |
2 |
817
|
|
|
|
Training Mgr. Office |
1 |
1 |
1 |
102 |
|
|
|
Training Storage |
1 |
0 |
0 |
122 |
|
|
|
Men’s Public Restroom/Locker Rm. |
1 |
0 |
0 |
296 |
|
|
|
170 Lockers adjacent to Men’s and Women’s Restrooms/Locker Rooms |
|
0 |
0 |
|
|
|
|
Women’s Public Restroom/ Locker Rm. |
1 |
0 |
0 |
296 |
|
|
|
Janitor |
1 |
0 |
0 |
96 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Maintenance Area |
|
|
|
|
|
10,129 |
|
Maint. Mgr./ Parts Office |
1 |
4 |
2 |
283 |
|
|
|
Secured Vault Room |
1 |
0 |
0 |
80 |
|
|
|
Office Storage |
1 |
1 |
0 |
58 |
|
|
|
Unisex Restroom |
1 |
0 |
0 |
64 |
|
|
|
Maintenance Storage |
1 |
1 |
0 |
332 |
|
|
|
Parts Room |
1 |
1 |
0 |
1345 |
|
|
|
Maintenance Bays |
6 |
0 |
0 |
1328 (avg) |
7967 |
|
|
|
|
|
|
|
|
|
|
Total Facility |
|
|
|
|
|
15,979 |
Note for all options below: Initial submissions do not require CAD drawings, specifically; the original submission requires only a level of detail to show all requested information.
It is desired that plans be submitted on computer disk, using the most current AutoCAD Version 14 or above, DXF format. Final plans from the successful vendor must be sealed by an architect or engineer registered with the State of Kansas. A final set of electronic as-built drawings shall be provided to the University.
B. PURCHASE (TURN-KEY) OPTION
The following requirements apply with regard to the Purchase (Turn-Key) Option.
1. Vendor shall sell to the University a site and facility that meets the requirements outlined in this RFP, or as amended and agreed upon by University.
2. The Vendor must provide an all-inclusive price associated with the sale of the developed real estate. The proposal amount must be written out followed by the numeric figure contained within the parentheses. Example: One Hundred Thousand and 00/100 dollars ($100,000.00).
3. The Vendor must possess the necessary ownership rights and otherwise be able to complete development and sale of the offered property within the time frame described in this RFP. By submitting a proposal, the Vendor represents that it is willing and able to execute an agreement for the development and sale of the proposed site and facility.
4. Proposals must include:
a. A detailed summary and condition assessment of all improvements to the property, to include site plans, and floor plans.
b. The site plan (at a maximum scale of 1” = 100’) must identify, at a minimum, the site location; dimensions of the property; easements or other encumbrances, restrictions or covenants; topography; access points; land use/zoning considerations; the footprints of all buildings and site improvements (including those to be demolished and those that may remain); identification of pavement materials and depth; utilities and existing stormwater features; existing and proposed landscaping materials; and the location of any areas of historic or environmental concern on or near the property (including floodplains and wetlands).
c. The proposal must also identify bus access paths to and from maintenance bays; all drives and parking areas by number and type of vehicle; bus and tractor trailer turning radius movements along paths of travel and parking; fencing; site lighting fixtures; access to adjacent bus wash and fueling station (if applicable); and proposed stormwater features.
d. The conceptual floor plan must, at a minimum, include a scaled floor plan with dimensions, showing the required use areas and corresponding square footage of each space, the total building square footage, and (for the maintenance areas) ceiling heights and clear door dimensions. Proposal must include a written description of the building materials and finishes and condition assessment.
e. Proposals for all Alternates, to include site and building information as listed in this section and in Section A.11 above.
f. The Vendor must provide with its proposal any proposed Vendor terms and conditions applicable to the development and sale.
C. LEASE OPTION
The following requirements apply with regard to the Lease Option:
1. Vendor shall lease to the University (with the University subleasing to the City or the City transit system operator) a site and facility that meets the requirements outlined in this RFP, or as amended and approved by University. Unless otherwise agreed to by the parties, University and City shall have full and unrestricted use of the premises for the term of the lease and any renewals thereof.
2. The term of the Lease will be for a 10, 15 or 20 year period from the date of award with a possible additional renewal term or other offered term as mutually agreed upon by written agreement of the parties. Offered terms must be reflected on the Cost Sheet which begins on page 15.
3. The University shall be permitted to sublet or license any or all of the premises leased pursuant to this RFP to other KU-related departments, the City and/or the entity(ies) responsible for operating the University and City transit systems and operations.
4. Vendor is responsible for any and all improvements to the facility and site during the term of the lease to meet City/County, Code, OSHA and other state or federal regulations. Vendor is responsible for the payment of all property taxes and assessments.
5. The University shall be responsible for the following maintenance and cleaning: routine grounds and landscape maintenance; cleaning of parking areas and entrances/sidewalks; snow removal; pest control; and custodial service. The Vendor is responsible for all other maintenance and repair of the facility and site during the course of the lease. Neither University and City nor any subleased or licensed entity responsible for operating the University and City transit systems shall be liable for normal wear and tear to the property.
6. Utilities and infrastructure
6.1.1. Vendor is responsible for the provision of all utilities/ infrastructure to the site and building over the course of this lease in a manner to meet all City/County, Code, and other state or federal regulatory requirements and to meet the requirements identified within this RFP for the provision of:
6.1.1.1. Electrical
6.1.1.2. Natural Gas
6.1.1.3. Water
6.1.1.4. Telephone
6.1.1.5. Data
6.1.1.6. Sanitary Sewer
6.1.1.7. Stormwater management
6.1.2. University and City will be responsible for the payment of usage fees.
7. The Proposal must include:
a. A detailed summary and condition assessment of all improvements to the property, to include site plans and floor plans.
b. The site plan (at a maximum scale of 1” = 100’) must identify, at a minimum, the site location; dimensions of the property; easements or other encumbrances, restrictions or covenants; access points; land use/zoning considerations; the footprints of all buildings and site improvements (including those to be demolished and those that may remain); identification of pavement materials and depth; utilities and stormwater features; existing and proposed landscaping materials; and the location of any areas of historic or environmental concern on or near the property (including floodplains and wetlands).
c. The proposal must also identify bus access paths to and from maintenance bays; all drives and parking areas by number and type of vehicle; bus and tractor trailer turning radius movements along paths of travel and parking; fencing; site lighting fixtures; access to adjacent bus wash and fueling station (if applicable); and proposed stormwater features.
d. The conceptual floor plan must, at a minimum, include a scaled floor plan with dimensions, showing the required use areas and corresponding square footage of each space, the total building square footage, and (for the maintenance areas) ceiling heights and clear door dimensions. Proposal should include a written description of the building materials and condition assessment.
e. Proposals for all Alternates, to include site and building information as listed in this section and in Section A.11 above.
f. Detailed lease proposal and proposed terms of lease.
D. LEASE/PURCHASE OPTION
The following requirements apply with regard to the Lease/Purchase Option:
1. The Vendor shall lease to the University (with the University subleasing to the City or the City transit system operator) a site and facility that meets the requirements outlined in this RFP, or as amended and approved by University. Unless otherwise agreed to by the parties, University and City shall have full and unrestricted use of the premises for the term of the lease and any renewals thereof.
2. The term of the Lease will be for a 10, 15 or 20-year period from the date of award with a possible additional renewal term or other offered term as mutually agreed upon by written agreement of the parties. Offered terms must be reflected on the Cost Sheet on page which begins on page 15.
3. The University shall be permitted to sublet or license any or all of the premises leased pursuant to this RFP to other KU-related departments, the City and/or the entity(ies) responsible for operating the University and City transit systems and operations.
4. The Lease/Purchase option must provide the University with the option to purchase the property at the end of the 10, 15, or 20 year lease term for a specified cost. The Vendor shall provide an all-inclusive price associated with the sale of the leased site and facility at the end of the lease term. The proposal amount must be written out followed by the numeric figure contained within the parentheses. Example: One Hundred Thousand and 00/100 dollars ($100,000.00).
5. The Vendor must identify how lease payments will be credited towards purchase.
6. The University shall be permitted to assign the option to purchase to the City.
7. Ability to Deliver Property: The Vendor must possess the necessary ownership rights and otherwise be able to complete a lease and sale of the offered property within the time frame described in this RFP. By submitting a proposal, the Vendor represents that it is willing and able to execute a Lease Purchase Agreement acceptable to University.
8. Vendor is responsible for any and all improvements to the facility and site during the term of the lease to meet City/County, Code, OSHA and other state or federal regulations. Vendor is responsible for the payment of all property taxes and assessments during the term of the Lease.
- The University shall be responsible for the following maintenance and cleaning during the Lease term: routine grounds and landscape maintenance; cleaning of parking areas and entrances/sidewalks; snow removal; pest control; and custodial service. The Vendor is responsible for all other maintenance and repair of the facility and site during the course of the lease. Neither University and City nor any subleased or licensed entity shall be liable for normal wear and tear to the property.
10. The Proposal must include:
a. A detailed summary and condition assessment of all improvements to the property, to include site plans and floor plans.
b. The site plan (at a maximum scale of 1” = 100’) must identify, at a minimum, the site location; dimensions of the property; easements or other encumbrances, restrictions or covenants; access points; land use/zoning considerations; the footprints of all buildings and site improvements (including those to be demolished and those that may remain); identification of pavement materials and depth; utilities and stormwater features; and the location of any areas of historic or environmental concern on or near the property (including floodplains and wetlands).
c. The proposal must also identify bus access paths to and from maintenance bays; all drives and parking areas by number and type of vehicle; bus and tractor trailer turning radius movements along paths of travel and parking; fencing; site lighting fixtures; access to adjacent bus wash and fueling station (if applicable); and proposed stormwater features.
d. The conceptual floor plan must, at a minimum, include a scaled floor plan with dimensions, showing the required use areas and corresponding square footage of each space, the total building square footage, and (for the maintenance areas) ceiling heights and clear door dimensions. Proposal must include a written description of the building materials and condition assessment.
e. Proposals for all Alternates, to include site and building information as listed in this section and in Section A.11 above.
f. The Vendor must provide with its proposal any proposed Vendor terms and conditions applicable to the lease/purchase.
COST SHEET
Must be submitted separately from the Technical Proposal, unless otherwise specified.
(See Response Section, #1)
Vendor Name:
B. Purchase (Turn-Key) Option $______________Total Purchase Cost
Alternates:
1) Bus Wash: $___________Total
2) Fueling Station: $___________Total
3) Canopies for Service Vehicle Parking Areas: $___________Total
4) Expanded Transit Facility: $___________Total
C. Lease Option
10 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
15 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
20 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
Alternates:
1) Bus Wash
10 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
15 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
20 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
2) Fueling Station
10 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
15 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
20 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
3) Canopies for Service Vehicle Parking Areas
10 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
15 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
20 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
4) Expanded Transit Facility
10 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
15 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
20 Year $___________Monthly $___________Annually $___________Total
5 Year Renewal $___________Monthly $___________Annually $___________Total
10 Year Renewal $___________Monthly $___________Annually $___________Total
D. Lease/Purchase Option
Detail how lease payments will be credited to the final purchase payment. Include information interest rate assumptions:
10 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
15 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
20 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
Alternates:
1) Bus Wash
10 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
15 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
20 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
2) Fueling Station
10 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
15 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
20 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
3) Canopies for Service Vehicle Parking Areas
10 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
15 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
20 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
4) Expanded Transit Facility
10 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
15 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
20 Year $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
5 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
10 Year Renewal $___________Monthly $___________Annually $___________Total
$___________Final Purchase Payment
Alternate pricing scenarios for the off-site bus option will be considered. Detail those options here:
VENDOR RESPONSE CHECK-LIST
The following items are provided to assist bidders in ensuring all requirements are met and all required submissions are included with the bid. Vendors are instructed to utilize this list and include it with their bid submission. In order to ensure fair and accurate evaluation, page numbers indicating the location of your response within your bid shall be included, where indicated.
Bidders must complete the page numbers required below.
Response Page No. Signature Sheet (RFP page follows)
Response Page No. Supplier Diversity Survey Form (RFP page following Signature Sheet)
Response Page No. Transmittal Letter (RFP Response Section)
Response Page No. Timeline (RFP Response Section)
Response Page No. Methodology (RFP Response Section)
Response Page No. Experience (RFP Terms and Conditions Section)
Response Page No. Qualifications (RFP Response Section)
Response Page No. References (RFP Response Section)
Response Page No. SubContractor information, if applicable (RFP Response Section)
Response Page No. Exceptions to RFP noted, if applicable (RFP Instructions Section)
The following items have been submitted, as required:
Literature submitted as required (RFP Response Section)
Insurance/Bond information provided as required (RFP Terms & Conditions Section)
Proper number of copies submitted (RFP Response Section)
Cost and Technical packets separate (RFP Response Section)
Proprietary/Confidential information in separate packet (RFP Instructions Section)
Samples included, if required (RFP Specifications Section)
Media on separate CD/disks, if applicable (RFP Response Section)
Cost Sheet (RFP page following Specifications)
Tax Clearance (RFP page following Specifications)
_______ Vendor Registration
_______ W-9
Quarterly Report Contact Information (See RFP Specifications Section)
Contact Person for Quarterly Report Issues:
Company Name:
Mailing Address
City & State Zip Code
Toll Free Telephone Local Cell: Fax
SIGNATURE SHEET
Item: Transit and Maintenance Facility Purchase, Lease or Lease/Purchase
Department: University of Kansas Parking and Transit
Closing Date: October 5, 2009, 2 p.m.
By submission of a bid and the signatures affixed thereto, the bidder certifies all products and services proposed in the bid meet or exceed all requirements of this specification as set forth in the request and that all exceptions are clearly identified.
Legal Name of Person, Firm or Corporation
Mailing Address City & State Zip
Toll Free Telephone Local Cell: Fax
Tax Number E-Mail
Signature Date
Typed Name Title
In the event the contact for the bidding process is different from above, indicate contact information below.
Bidding Process Contact Name
Mailing Address City & State Zip
Toll Free Telephone Local Cell: Fax
If awarded a contract and purchase orders are to be directed to an address other than above, indicate mailing address and telephone number below.
Mailing Address City & State Zip
Toll Free Telephone Local Cell: Fax
Agencies may use the Business Procurement Card for contract purchases. Yes ____ No ___
(Refusal will not be a determining factor in award of this contract.)
University of Kansas
Purchasing Services
Supplier Diversity Survey Form
Why is the KU Purchasing Services requesting this information?
Current statutes governing the activities of the Kansas Division of Purchases do not include preferences or set-asides for Small Business Enterprises (SBEs). The Division of Purchases is interested in determining to what extent purchase orders and contracts are awarded to SBEs under existing work efforts. Please Note: You must submit this form with each bid opportunity.
Persons or concerns wishing to receive a Purchase Order or Contract Award resulting from this bid opportunity must provide the information contained in this document before the award is made. To help expedite this procurement, it is requested that you submit this form with your bid.
COMPANY DATA
Legal Company Name
Doing Business As (if applicable)
Federal Tax ID Number / FEIN
Diversity Program Contact Name Title
Phone Number Fax Number
E-Mail Address Company Web
Address
City State Zip Code
Legal Structure: □ Corporation □ Partnership □ Non-Profit □ Sole Proprietorship □ LLC
Signature Date:
COMPANY DIVERSITY DATA
(A) Business Classification (See Appendix A for definitions):
Is your business a Small Business Enterprise (SBE) as defined by the SBA?
□ Yes □ No □ Don’t Know
Check all that Apply: □ Disabled (DIS) □ SBA-Small Disadvantage Business (SDB)
□ Veteran-Owned (VBE) □ Women-Owned (WBE) □ Service-Disabled Veterans-Owned (DVBE)
□ African American □ Native American □ Minority-Owned Business Enterprise (MBE)
□ Hispanic American □ Asian Pacific American □ Disadvantaged Business Enterprise (DBE)
□ Asian Subcontinent American □ Other: __________________________________________________________
(B) Has your Business Classification Status been certified by a state, municipal, federal or other certifying agency?
□ No □ Yes Certifying Entity:
Other State of Kansas Resources for Small Business Enterprises (SBE)
Kansas Department of Commerce
Office of Minority/Women Business Development
http://www.kansascommerce.com/IndexPages/Pgm01.aspx?rscId=996008588532
University of Kansas
Purchasing Services
Supplier Diversity Survey Form
Appendix A - Definition of Terms
Small Business Enterprise / Concern (SBE)
SBEs are businesses that do not exceed the size standard for the product or service it is providing as measured by its employment and/or business receipts in accordance with the U.S. SBA numerical size standards. These standards are defined as FAR 52.219-8, 13 CFR Part 121 and 13 CFR 121.410.
Disadvantaged Business Enterprise (DBE)
DBEs are defined as a business which are (a) owned by socially disadvantaged individuals who have been subjected to racial or ethnic
prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities; or (b) owned by economically disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished opportunities to obtain capital and credit as compared to others in the same line of business who are not socially disadvantaged.
Disabled Business Enterprise (DIS)
DIS businesses are at least 51% owned and controlled by one or more U.S. citizens who has a physical or mental impairment which substantially limits one or more of such person’s major life activities.
Small Disadvantage Business Concern (SDB)
SDB businesses are certified by the SBA as meeting the following criteria: (1) they are small business concern and (2) must be at least 51% owned and controlled by one or more U.S. citizens who are socially and economically disadvantaged. African Americans, Asian Pacific Americans, Asian Subcontinent Americans, Hispanic Americans and Native Americans are presumed to qualify as being socially disadvantaged. Other individuals can qualify if they show by a preponderance of the evidence that they are socially disadvantaged. In addition, the personal net worth of each eligible owner applicant must be less than $750,000, excluding the values of the applicant’s ownership interest in the business seeking certification and the owner’s primary residence. Successful applicants must also meet applicable size standards for small businesses in their industry. SDB regulations can be found in FAR 52.219-8 and 13 CFR parts 121 & 124.
Veterans-Owned Business Concern (VBE)
VBE businesses are at least 51% owned and controlled by one or more U.S. citizens who are Veterans of the U.S. Armed Forces. In the case of any publicly owned business, at least 51% of the stock is owned by one or more veterans and one or more veterans must control the management and daily business operation. The term “Veteran” means a person who served in the active military, naval or air service and who was discharged or released there from under conditions other than dishonorable. VBE regulations can de found in FAR 52.219-9 & 38 USC 101 (2).
Service-Disabled Veterans-Owned Business Concern (DVBE)
DVBE businesses are at least 51% owned and controlled by one or more U.S. citizens who are service-disabled Veterans of the U.S. Armed Forces. In the case of any publicly owned business, at least 51% of the stock is owned by one or more service-disabled veterans and one or more veterans must control the management and daily business operation. The term “Veteran” means a person who served in the active military, naval or air service and who was discharged or released there from under conditions other than dishonorable. The term “Service-Disabled” means a veteran of the U.S. Military Service has a service-connected disability with a disability rating of 0%-100%. In the case of permanent or severe disability, the spouse of caregiver of such a service-disabled veteran may control the management and daily operations. DVBE regulations can be found in FAR 52.219-9 & 38 USC 101 (2) & USC 101 (16).
Women-Owned Business Concern (WBE)
WBE businesses are at least 51% owned and controlled by one or more U.S. citizens who are female gender. In the case of any publicly owned business, at least 51% of the stock is owned by one or more women and one or more women must control the management and daily business operations. For Federal contracting regulations see FAR 52-219-8.
Minority-Owned Business Enterprise (MBE)
MBE businesses are at least 51% owned and controlled by one or more U.S. citizens belonging to certain ethnic minority groups. In the case of any publicly owned business, at least 51 % of the stock is owned by one or more minorities, and one or more minorities must control the management and daily business operations. “Ethnic Minority Groups” are people of Asian Pacific American, Asian Subcontinent American, African American, Hispanic American and Native American descent.
· African Americans: People whose origins lay in any of the Black racial groups of Africa.
· Asian Pacific Americans: People whose origins lay in Brunei, Burma, China, Guam, Indonesia, Japan, Kampuchea (Cambodia), Korea, Laos, Malaysia, Northern Mariana Islands, Republic of the Marshall Islands, Federated States of Micronesia, Republic of Palau (U.S. Trust Territory of the Pacific Islands), the Philippines, Samoa, Singapore, Taiwan, Thailand and Vietnam.
· Asian Subcontinent Americans: People whose origins lay in Bangladesh, Bhutan, India, Pakistan, Sri Lanka or Nepal.
· Hispanic Americans: People whose origins are in the South and Central America, Mexico, Puerto Rico, Cuba or the Iberian Peninsula (including Portugal).
· Native Americans: American Indians, Inuit (Eskimos), Aleuts, and native Hawaiians of Polynesian ancestry.
Date of Last Update: March, 2007
CERTIFICATION REGARDING
IMMIGRATION REFORM & CONTROL
All Vendors 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 Vendor as well as any subVendor or sub-subVendor. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this bid, the Vendor hereby certifies without exception that Vendor 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.
Vendor certifies that, should it be awarded a contract by the State, Vendor will comply with all applicable federal and state laws, standards, orders and regulations affecting a person’s participation and eligibility in any program or activity undertaken by the Vendor pursuant to this contract. Vendor further certifies that it will remain in compliance throughout the term of the contract.
At the State’s request, Vendor is expected to produce to the State any documentation or other such evidence to verify Vendor’s compliance with any provision, duty, certification, or the like under the contract.
Vendor agrees to include this Certification in contracts between itself and any subVendors in connection with the services performed under this contract.
____________________________________________ ______________________
Signature, Title of Vendor Date
INSTRUCTIONS
1. Proposal Reference Number: The RFP number, indicated in the header of this page, as well as on the first page of this proposal, has been assigned to this Request and MUST be shown on all correspondence or other documents associated with this Request and MUST be referred to in all verbal communications. All inquiries, written or verbal, shall be directed only to the Buyer reflected on Page 1 of this proposal. There shall be no communication with any other University or City employee regarding this Request except with designated University and City participants in attendance ONLY DURING:
Negotiations
Contract Signing
as otherwise specified in this Request.
Violations of this provision by vendor, city or state agency personnel may result in the rejection of the proposal.
2. Negotiated Procurement: This is a negotiated procurement. The Purchase (Turn-Key) Option is pursuant to K.S.A. 76-769, and the Lease and Lease/Purchase Option are pursuant to K.S.A. 75-37,102. A PNC will be appointed for the Purchase (Turn-Key Option) and a separate PNC will be appointed for the Lease and Lease/Purchase Options. The two (2) PNC’s will coordinate with each other, however, the final evaluation and award will be made by the applicable Procurement Negotiation Committee (PNC). The PNC’s shall consist of the following entities (or their designees):
· Purchase (Turn-Key) Option:
o KU Vice Provost for Finance or their designee;
o KU Director of Purchasing and Strategic Sourcing or their designee; and
o Member of KU Requesting Department
· Lease Option and Lease/Purchase Option:
o Secretary of State of Kansas Department of Administration;
o State of Kansas Director of Purchases;
o Head of Using State Agency (KU)
3. Appearance Before Committee: Any, all or no vendors may be required to appear before the PNC to explain the vendor's understanding and approach to the project and/or respond to questions from the PNC concerning the proposal; or, the PNC may award without conducting negotiations, based on the initial proposal. The PNC reserves the right to request information from vendors as needed. If information is requested, the PNC is not required to request the information of all vendors.
Vendors selected to participate in negotiations may be given an opportunity to submit a revised proposal and/or their revised offer to the PNC. Prior to a specified cut‑off time for revised offers, vendors may submit revisions to their technical and cost proposals. Meetings before the PNC are not subject to the Open Meetings Act. Vendors are prohibited from electronically recording these meetings. All information received prior to the cut‑off time will be considered part of the vendor's revised offer.
No additional revisions shall be made after the specified cut‑off time unless requested by the PNC.
4. Cost of Preparing Proposal: The cost of developing and submitting the proposal is entirely the responsibility of the vendor. This includes costs to determine the nature of the engagement, preparation of the proposal, submitting the proposal, negotiating for the contract and other costs associated with this Request.
5. Preparation of Proposal: Prices are to be entered in spaces provided on the proposal cost form if provided herein. Computations and totals shall be indicated where required. In case of error in computations or totals, the unit price shall govern. The Committee has the right to rely on any price quotes provided by vendors. The vendor shall be responsible for any mathematical error in price quotes. The Committee reserves the right to reject proposals that contain errors.
All copies of cost proposals shall be submitted in a separate sealed envelope or container separate from the technical proposal. The outside shall be identified clearly as "Cost Proposal” or “Technical Proposal" with the RFP number and closing date.
A proposal shall not be considered for award if the price in the proposal was not arrived at independently and without collusion, consultation, communication or agreement as to any matter related to price with any other vendor, competitor or public officer/employee.
Technical proposals shall contain a concise description of vendor's capabilities to satisfy the requirements of this Request For Proposal with emphasis on completeness and clarity of content. Repetition of terms and conditions of the Request For Proposal without additional clarification shall not be considered responsive.
6. Signature of Proposals: Each proposal shall give the complete mailing address of the vendor and be signed by an authorized representative by original signature with his or her name and legal title typed below the signature line. If the contract’s contact will be a different entity, indicate that individual’s contact information for communication purposes. Each proposal shall include the vendor's tax number.
7. Acknowledgment of Addenda: All vendors shall acknowledge receipt of any addenda to this Request by returning a signed hard copy with the bid. Failure to acknowledge receipt of any addenda may render the proposal to be non-responsive. Only KU Purchasing Services shall issue changes to this Request which will be in writing.
8. Modification of Proposals: A vendor may modify a proposal by letter or by FAX transmission at any time prior to the closing date and time for receipt of proposals.
9. Withdrawal of Proposals: A proposal may be withdrawn on written request from the vendor to the Buyer at the KU Purchasing Services prior to the closing date.
10. Competition: The purpose of this Request is to seek competition. The vendor shall advise KU Purchasing Services if any specification, language or other requirement inadvertently restricts or limits bidding to a single source. Notification shall be in writing and must be received by KU Purchasing Services no later than five (5) business days prior to the bid closing date. The KU Director of Purchasing and Strategic Sourcing reserves the right to waive minor deviations in the specifications which do not hinder the intent of this Request.
11. Evaluation of Proposals: Award shall be made in the best interest of the University as determined by the Procurement Negotiating Committee or their designees. Although no weighted value is assigned, consideration may focus toward but is not limited to:
· Cost. Vendors are not to inflate prices in the initial proposal as cost is a factor in determining who may receive an award or be invited to formal negotiations. The University reserves the right to award to the lowest responsive bid without conducting formal negotiations, if authorized by the PNC.
· Adequacy and completeness of proposal.
· Ability to meet the identified schedule and requirements of the identified facility, alternates and/or options as applicable.
· Location of the site in relation to the University and City transit service areas and safe access to major streets.
· Sustainable initiatives within the proposal and inclusion of specific information detailing such.
· Satisfactory condition of the proposed site and/or existing buildings. University and City or their agents reserve the right to tour the site and/or all existing facilities proposed for use, if any, to determine the condition of the facilities and the adequacy of the proposed improvements to be made.
· Vendor terms of the purchase, lease or lease/purchase proposal.
· Vendor's understanding of the project.
· Compliance with the terms and conditions of the Request.
· Experience in providing like services.
· Methodology to accomplish tasks.
· Response format as required by this Request.
12. Acceptance or Rejection: The Committee reserves the right to accept or reject any or all proposals or part of a proposal; to waive any informalities or technicalities; clarify any ambiguities in proposals; modify any criteria in this Request; and unless otherwise specified, to accept any item in a proposal.
13. Proposal Disclosures: At the time of closing, only the names of those who submitted proposals shall be made public information. No price information will be released. Interested vendors or their representatives may be present at the announcement at the following location:
KU Purchasing Services
1246 W. Campus Road, Rm. 7
Lawrence, KS 66045-7505
Bid results will not be given to individuals over the telephone. Results may be obtained after contract finalization by obtaining a bid tabulation from KU Purchasing Services by sending (do not include with bid):
A check for $3.00, payable to the University of Kansas
A self -addressed, stamped envelope
Contract Proposal Number
Send to: the address on page 1
Copies of individual proposals may be obtained under the Kansas Open Records Act. Please see below for instructions to request an estimate of the cost to reproduce the documents. Upon receipt of the funds, the documents will be mailed. You may also request to review the proposal file. Please contact the Custodian of Public Records indicated below to set up an appointment. Information in proposal files shall not be released until a contract has been executed or all proposals have been rejected.
The University of Kansas asks that you submit a written request to obtain public records. Please include the following information in your request:
Name
Mailing address
Daytime telephone number
Fax number, if applicable
A specific description of the records you are requesting. Make your request as specific as possible to expedite the process.
Regular office hours on all business days, excluding Saturday and Sunday, are from 8 a.m. to noon, and from 1 p.m. to 5 p.m.
Mail your request(s) to:
Jane E. Rosenthal
Custodian of Public Records
Office of the Provost
University of Kansas
1450 Jayhawk Boulevard, 230G Strong Hall
Lawrence, KS 66045-7535
Charges for the service shall be collected in advance. Agency records shall remain in the possession and control of an agency staff member during inspection and/or duplication.
14. Disclosure of Proposal Content and Proprietary Information: All proposals become the property of the University. The Open Records Act (K.S.A. 45-205 et seq) of the State of Kansas requires public information be placed in the public domain at the conclusion of the selection process, and be available for examination by all interested parties. (http://da.ks.gov/purch/KSOpenRecAct.doc) No proposals shall be disclosed until after a contract award has been issued. The University reserves the right to destroy all proposals if the RFP is withdrawn, a contract award is withdrawn, or in accordance with Kansas law. Late Technical and/or Cost proposals will be retained unopened in the file and not receive consideration or will be returned to the bidder.
Trade secrets or proprietary information legally recognized as such and protected by law may be requested to be withheld if clearly labeled “Proprietary” on each individual page and provided as separate from the main proposal. Pricing information is not considered proprietary and the vendor’s entire proposal response package will not be considered proprietary.
All information requested to be handled as “Proprietary” shall be submitted separately from the main proposal and clearly labeled, in a separate envelope or clipped apart from all other documentation. The vendor shall provide detailed written documentation justifying why this material should be considered “Proprietary”. The University reserves the right to accept, amend or deny such requests for maintaining information as proprietary in accordance with Kansas law.
The University of Kansas does not guarantee protection of any information which is not submitted as required.
15. Exceptions: By submission of a response, the vendor acknowledges and accepts all terms and conditions of the RFP unless clearly avowed and wholly documented in a separate section of the Technical Proposal to be entitled: “Exceptions”.
16. Notice of Award: An award is made on execution of the written contract by all parties.
17. News Releases: Only the University is authorized to issue news releases relating to this Request, its evaluation, award and/or performance of the contract.
PROPOSAL RESPONSE
1. Submission of Proposals: Vendor’s proposal shall consist of:
· One (1) original and eight (8) copies of the Technical Proposal, including signature sheet, applicable literature and other supporting documents;
· One (1) original and eight (8) copies of the cost proposal including signature sheet and tax clearance (if required),
· One (1) electronic / software version(s) of the technical and cost proposals are required. This shall be provided on diskette or CD, in Microsoft® Word or Excel and technical and cost responses shall be on separate media.
All copies of cost proposals shall be submitted in a separate sealed envelope or container separate from the technical proposal. The outside shall be identified clearly as "Cost Proposal” or “Technical Proposal" with the request number and closing date.
Vendor's proposal, sealed securely in an envelope or other container, shall be received no later than 2:00 p.m., Central Time, on the closing date indicated on Page 1, addressed as follows:
KU Purchasing Services
Proposal # (Indicated on Page 1)
Closing Date: (Indicated on Page 1)
1246 W. Campus Rd., Rm. 7
Lawrence, KS 66045-7505
KU Purchasing Services now has a self-serve kiosk for receipt of hand-delivered bids. Location for receipt of bids is still 1246 W Campus Rd, Room 7, Lawrence, KS. Bids must be time-stamped by the individual making the delivery and placed in the bid receipt box. Any submission not time stamped and submitted prior to the closing date and time will be considered late. This does not apply to bids received via a mail delivery service, i.e., U.S. Mail, UPS, FedEx, etc., as these will still be received and time-stamped by the Purchasing Services office.
E-mailed or telephoned proposals are not acceptable unless otherwise specified. Proposals that do not exceed $50,000.00 may be faxed to 785-864-3454.
Proposals received prior to the closing date shall be kept secured and sealed until closing. The University shall not be responsible for the premature opening of a proposal or for the rejection of a proposal that was not received prior to the closing date because it was not properly identified on the outside of the envelope or container. Late Technical and/or Cost proposals will be retained unopened in the file and not receive consideration or will be returned to the bidder.
It is the vendor’s responsibility to ensure bids are received by the closing date and time. Delays in mail delivery or any other means of transmittal, including couriers or agents of the issuing entity shall not excuse late bid submissions.
2. Proposal Format: Vendors are instructed to prepare their Technical Proposal following the same sequence as this RFP.
3. Transmittal Letter: All bidders shall respond to the following statements:
(a) the vendor is the prime Contractor and identifying all subContractors;
(b) the vendor is a corporation or other legal entity;
(c) no attempt has been made or will be made to induce any other person or firm to submit or not to submit a proposal;
(d) the vendor does not discriminate in employment practices with regard to race, color, religion, age (except as provided by law), sex, marital status, political affiliation, national origin or disability;
(e) no cost or pricing information has been included in the transmittal letter or the Technical Proposal;
(f) the vendor presently has no interest, direct or indirect, which would conflict with the performance of services under this contract and shall not employ, in the performance of this contract, any person having a conflict;
(g) the person signing the proposal is authorized to make decisions as to pricing quoted and has not participated, and will not participate, in any action contrary to the above‑statements;
(h) whether there is a reasonable probability that the vendor is or will be associated with any parent, affiliate or subsidiary organization, either formally or informally, in supplying any service or furnishing any supplies or equipment to the vendor which would relate to the performance of this contract. If the statement is in the affirmative, the vendor is required to submit with the proposal, written certification and authorization from the parent, affiliate or subsidiary organization granting the University and/or the federal government the right to examine any directly pertinent books, documents, papers and records involving such transactions related to the contract. Further, if at any time after a proposal is submitted, such an association arises, the vendor will obtain a similar certification and authorization and failure to do so will constitute grounds for termination of the contract at the option of the University;
(i) vendor agrees that any lost or reduced federal matching money resulting from unacceptable performance in a Vendor task or responsibility defined in the Request, contract or modification shall be accompanied by reductions in University payments to Vendor; and
(j) the vendor has not been retained, nor has it retained a person to solicit or secure a state contract on 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 maintained by the vendor for the purpose of securing business. For breach of this provision, the Committee shall have the right to reject the proposal, terminate the contract and/or deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee or other benefit.
4. Vendor Information: The vendor must include a narrative of the vendor's corporation and each subContractor if any, along with an attached financial statement for the vendor’s most recently closed fiscal year. The narrative shall include the following:
(a) date established;
(b) ownership (public, partnership, subsidiary, etc.);
(c) number of personnel, full and part‑time, assigned to this project by function and job title;
(d) resources assigned to this project and the extent they are dedicated to other matters;
(e) organizational chart;
(f) attached financial statement.
5. Qualifications: A description of the vendor's qualifications and experience providing the requested or similar service, including resumes of personnel assigned to the project stating their education and work experience, shall be submitted with the bid. The vendor must be an established firm recognized for its capacity to perform. The vendor must have sufficient personnel to meet the deadlines specified in the Request.
6. Timeline: A timeline for implementing services must be submitted with the bid.
7. Methodology: Bidders shall submit with the bid, a detailed explanation of the methodology for implementing services.
8. References: Provide three (3) references who have purchased similar items or services from the vendor in the last 5 year(s). References shall show firm name, contact person, address, e-mail address and phone number of each referenced organization. Vendor employees and the buying agency shall not be shown as references.
Additionally, vendors shall list clients who have terminated services within the past five (5) years, indicating reasons for termination. Provide the firm name, contact person, address, e-mail address and phone number of each referenced organization.
9. Technical Literature: All bids shall include specifications and technical literature sufficient to allow the University to determine that the equipment/services meet(s) all requirements. If a requirement is not addressed in the technical literature, it must be supported by additional documentation and included with the bid. Bid responses without sufficient technical documentation may be rejected.
10. Business Procurement Card: Many University departments use a State of Kansas Business Procurement Card (currently Visa) in lieu of a state warrant to pay for certain purchases. No additional charges will be allowed for using the card. Bidders shall indicate on the Signature Sheet if they will accept the Business Procurement Card for payment.
11. New Vendors: Vendors who are new to the University or haven’t supplied the vendor registration form recently should complete a vendor registration form found at:
http://www.purchasing.ku.edu/documents/vendor_forms/vendor_registration_form.pdf. A copy of the vendor’s W-9 should also be submitted with your bid:
http://www.payroll.ku.edu/documents/fw9_2007.pdf.
Section 4
TERMS AND CONDITIONS
1. Contract Documents: This Request and any amendments and the response and any amendments of the Vendor shall be incorporated along with the DA‑146a into the written contract or contracts which shall compose the complete understanding of the parties.
In the event of a conflict in terms of language among the documents, the following order of precedence shall govern:
· Form DA‑146a;
· written modifications to the executed contract(s);
· written contract(s) signed by the parties;
· this Request including any and all addenda; and
· Vendor's written proposal submitted in response to this Request as finalized.
2. Contract: The successful vendor will be required to enter into a written contract or contracts with the University. The vendor agrees to accept the provisions of form DA‑146a (Contractual Provisions Attachment) which is incorporated into all contracts with the University and is attached to this Request.
3. Contract Formation: No contract shall be considered to have been entered into by the University until all statutorily required signatures and certifications have been rendered and a written contract has been signed by the successful vendor.
4. Tax Clearance: The University of Kansas strongly supports the State of Kansas Tax Clearance Process. Vendors submitting bids or proposals which exceed $25,000 shall include a copy of a Tax Clearance Certification Form with their submittal. Failure to provide this information may be cause for rejection of vendor's bid or proposal. Tax Clearances may be obtained at the following website: http://www.ksrevenue.org/taxclearance.htm
5. Notices: All notices, demands, requests, approvals, reports, instructions, consents or other communications (collectively "notices") which may be required or desired to be given by either party to the other shall be IN WRITING and addressed as follows:
If to UNIVERSITY:
KU Purchasing Services
1246 W. Campus Rd., Rm. 7
Lawrence, KS 66045-7505
RE: Bid number see page 1
or to any other persons or addresses as may be designated by notice from one party to the other.
6. Termination for Cause: The University may terminate the contract(s), or any part of the contract(s) entered into pursuant to this RFP, for cause under any one of the following circumstances:
- the Contractor fails to make delivery of goods or services as specified in the contract(s); or
- the Contractor provides substandard quality and/or workmanship;
- the Contractor fails to perform any of the provisions of the contract(s), or so fails to make progress as to endanger performance of this contract in accordance with its terms.
The University shall provide Contractor with written notice of the conditions endangering performance. If the Contractor fails to remedy the conditions within ten (10) days from the receipt of the notice (or such longer period as the University may authorize in writing), the University shall issue the Contractor an order to stop work immediately. Receipt of the notice shall be presumed to have occurred within three (3) days of the date of the notice.
7. Termination for Convenience: The University may terminate performance of work under a contract or contracts entered into pursuant to this RFP in whole or in part whenever, for any reason, they shall determine that the termination is in the best interest of the University. In the event that the University elects to terminate this contract pursuant to this provision, it shall provide the Contractor written notice at least 30 days prior to the termination date. The termination shall be effective as of the date specified in the notice. The Contractor shall continue to perform any part of the work that may have not been terminated by the notice.
8. Debarment of University Contractors:
A. A Contractor may be debarred for any of the following reasons:
1. Conviction of a criminal offense in relation to obtaining or attempting to obtain a University contract or in the performance of such contract;
2. Conviction under State of Kansas or Federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records or
3. Conviction under State of Kansas or Federal antitrust statutes arising out of the submission of bids or proposals;
4. Failure to perform in accordance with the terms of one or more contracts following notice of such failure, or a history of failure to perform, or of unsatisfactory performance of one or more contracts;
5. The Contractor is currently under debarment by any other governmental entity that is based upon a settlement agreement or a final administrative or judicial determination issued by a Federal, state or local governmental entity.
Following completion of the investigation to determine whether a Contractor has engaged in activities that are cause for debarment, the KU Director of Purchasing and Strategic Sourcing may debar the Contractor for a period of time commensurate with the seriousness of the findings.
B. A written notice of debarment shall be sent to the Contractor. The notice shall:
1. State the debarment period; and
2. Inform the debarred Contractor that any person(s) representing the debarred Contractor during the debarment period may conduct no business with the University and that any solicitation responses received from the debarred Contractor during the debarment period shall not be considered.
3. The debarment period will be effective fourteen (14) calendar days after the notice of debarment is sent to the debarred Contractor.
9. Rights and Remedies: If this contract is terminated, the University, in addition to any other rights provided for in this contract, may require the Contractor to transfer title and deliver to the University in the manner and to the extent directed, any completed materials. The University shall be obligated only for those services and materials rendered and accepted prior to the date of termination.
In the event of termination, the Contractor shall receive payment prorated for that portion of the contract period services were provided to and/or goods were accepted by University subject to any offset by University for actual damages including loss of federal matching funds.
The rights and remedies of the University provided for in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law.
10. Force Majeure: The Contractor shall not be held liable if the failure to perform under this contract arises out of causes beyond the control of the Contractor. Causes may include, but are not limited to, acts of nature, fires, tornadoes, quarantine, strikes other than by Contractor's employees, and freight embargoes, etc.
11. Waiver: Waiver of any breach of any provision in this contract shall not be a waiver of any prior or subsequent breach. Any waiver shall be in writing and any forbearance or indulgence in any other form or manner by University shall not constitute a waiver.
12. Independent Contractor: The parties, in the performance of this contract, shall be acting in their individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be construed to be the employees or agents of the other party for any purpose whatsoever.
The Contractor accepts full responsibility for payment of unemployment insurance, workers compensation and social security as well as all income tax deductions and any other taxes or payroll deductions required by law for its employees engaged in work authorized by this contract.
13. Staff Qualifications: The Contractor shall warrant that all persons assigned by it to the performance of this contract shall be employees of the Contractor (or specified SubContractor) and shall be fully qualified to perform the work required. The Contractor shall include a similar provision in any contract with any SubContractor selected to perform work under this contract.
Failure of the Contractor to provide qualified staffing at the level required by the proposal specifications may result in termination of this contract and/or damages.
14. SubContractors: The Contractor shall be the sole source of contact for the contract. The University will not subcontract any work under the contract to any other firm and will not deal with any subContractors. The Contractor is totally responsible for all actions and work performed by its subContractors. All terms, conditions and requirements of the contract shall apply without qualification to any services performed or goods provided by any subContractor.
The University requires tax information regarding all subContractors be disclosed on the Signature Sheet, indicating company name, contact information and tax number. Additional pages may be added, as required. (See Tax Clearances, Page 33)
15. Insurance; Proof of Insurance: Upon request, the Contractor shall present an affidavit or certificate of Worker's Compensation and other insurance required by this RFP to University. During the lease term, Contractor shall keep in full force and effect the following insurance policies, subject to reasonable deductible amounts:
“All Risk” property insurance, including fire and extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage, demolition and debris removal insuring, on a replacement cost basis, the leased site and building, including but not limited to any common areas, foundation, exterior walls, and roof.
Comprehensive general liability or public liability insurance with limits not less than $3,000,000 combined single limit, including coverage for bodily injury and property damage to third parties.
Policies shall be placed with companies holding an A.M. Best’s rating of A+ or better.
16. Conflict of Interest: The Contractor shall not knowingly employ, during the period of this contract or any extensions to it, any professional personnel who are also in the employ of the State or CITY and who are providing services involving this contract or services similar in nature to the scope of this contract to the University. Furthermore, the Contractor shall not knowingly employ, during the period of this contract or any extensions to it, any state employee who has participated in the making of this contract until at least two years after his/her termination of employment with the State.
17. Confidentiality: All State information or data is considered confidential information. Contractor agrees to hold such information and data in confidence and to return any or all information or data furnished by the State promptly upon request, in whatever form it is maintained by Contractor. Upon termination or expiration of this agreement, the Contractor and each of the persons and entities working for the Contractor shall destroy and return to the State all data, information electronic, written, or descriptive materials or any related matter of any type including but not limited to drawings, blueprints, descriptions, or other papers or documents which contain any such confidential information.
A. Press Releases, Public Statements, and/or Communications. Contractor agrees that no public statement, release, or communication acknowledging or implying that the University or City is a customer of Contractor is allowed under this Contract. Any approval for such public statement, release, or communication shall only be provided in writing by University to Contractor’s contact listed in Article XXII, Section B of this Contract. The University may refuse such a request for any reason.
B. Injunctive Relief. Contractor acknowledges that any breach of its confidentiality obligations hereunder will constitute immediate and irreparable harm to the state, its citizens and/or its successors and assigns, which cannot adequately and fully be compensated by money damages and will warrant, in addition to all other rights and remedies afforded by law, injunctive relief, specific performance and/or other equitable relief.
C. Survive Termination. The provisions of this Article survive termination of this Contract.
18. Nondiscrimination and Workplace Safety: The Contractor agrees to abide by all federal, state and local laws, rules and regulations prohibiting discrimination in employment and controlling workplace safety. Any violations of applicable laws, rules and regulations may result in termination of this contract.
19. Environmental Protection: The Contractor shall abide by all federal, state and local laws, rules and regulations regarding the protection of the environment. The Contractor shall report any violations to the applicable governmental agency. A violation of applicable laws, rule or regulations may result in termination of this contract.
20. Hold Harmless: The Contractor shall indemnify the University against any and all loss or damage to the extent arising out of the Contractor’s negligence in the performance of services under this contract and for infringement of any copyright or patent occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work under this contract.
The University shall not be precluded from receiving the benefits of any insurance the Contractor may carry which provides for indemnification for any loss or damage to property in the Contractor's custody and control. The Contractor shall do nothing to prejudice the University’s right to recover against third parties for any loss, destruction or damage to State property.
21. Care of State Property: The Contractor shall be responsible for the proper care and custody of any University or City‑owned personal tangible property and real property furnished for Contractor's use in connection with the performance of this contract, and Contractor will reimburse University and City for such property's loss or damage caused by Contractor, normal wear and tear excepted.
22. Prohibition of Gratuities: Neither the Contractor nor any person, firm or corporation employed by the Contractor in the performance of this contract shall offer or give any gift, money or anything of value or any promise for future reward or compensation to any State or CITY employee at any time.
23. Retention of Records: the Contractor agrees to preserve and make available all of its books, documents, papers, records and other evidence involving transactions related to this contract for a period of five (5) years from the date of the expiration or termination of this contract.
Matters involving litigation shall be kept for one (1) year following the termination of litigation, including all appeals, if the litigation exceeds five (5) years.
The Contractor agrees that authorized federal and state representatives, including but not limited to, personnel of the using agencies; independent auditors acting on behalf of City, state and/or federal agencies shall have access to and the right to examine records during the contract period and during the five (5) year post‑contract period. Delivery of and access to the records shall be at no cost to the University.
24. Antitrust: If the Contractor elects not to proceed, the Contractor assigns to the University all rights to and interests in any cause of action it has or may acquire under the anti-trust laws of the United States relating to the particular products or services purchased or acquired pursuant to this contract.
25. Modification: This contract shall be modified only by the written agreement of the parties with the approval of the PNC. No alteration or variation of the terms and conditions of the contract shall be valid unless made in writing and signed by the parties. Every amendment shall specify the date on which its provisions shall be effective.
26. Assignment: The Contractor shall not assign, convey, encumber, or otherwise transfer its rights or duties under this contract without the prior written consent of the University.
This contract may terminate in the event of its assignment, conveyance, encumbrance or other transfer by the Contractor without the prior written consent of the University.
27. Third Party Beneficiaries: This contract shall not be construed as providing an enforceable right to any third party.
28. Captions: The captions or headings in this contract are for reference only and do not define, describe, extend, or limit the scope or intent of this contract.
29. Severability: If any provision of this contract is determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this contract shall not be affected and each provision of this contract shall be enforced to the fullest extent permitted by law.
30. Governing Law: This contract shall be governed by the laws of the State of Kansas and shall be deemed executed at Lawrence, Douglas County, Kansas.
31. Jurisdiction: The parties shall bring any and all legal proceedings arising hereunder in the State of Kansas, District Court of Douglas County. The United States District Court for the State of Kansas sitting in Topeka, Shawnee County, Kansas, shall be the venue for any federal action or proceeding arising hereunder in which the University is a party.
32. Mandatory Provisions: The provisions found in Contractual Provisions Attachment (DA‑146a) which is attached are incorporated by reference and made a part of this contract.
33. Integration: This contract, in its final composite form, shall represent the entire agreement between the parties and shall supersede all prior negotiations, representations or agreements, either written or oral, between the parties relating to the subject matter hereof. This contract between the parties shall be independent of and have no effect on any other contracts of the parties.
34. Criminal Or Civil Offense: Any conviction for a criminal or civil offense of an individual or entity that controls a company or organization or will perform work under this contract that indicates a lack of business integrity or business honesty must be disclosed. This includes (1) conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract; (2) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property; (3) conviction under state or federal antitrust statutes; and (4) any other offense to be so serious and compelling as to affect responsibility as a state Contractor. For the purpose of this section, an individual or entity shall be presumed to have control of a company or organization if the individual or entity directly or indirectly, or acting in concert with one or more individuals or entities, owns or controls 25 percent or more of its equity, or otherwise controls its management or policies. Failure to disclose an offense may result in disqualification of the bid or termination of the contract.
35. Immigration and Reform Control Act of 1986 (IRCA): 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-Contractors. 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 such 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 University's option, may subject the contract to termination and any applicable damages.
Unless provided otherwise herein, all Contractors are expected to be able to produce to the University any documentation or other such evidence to verify Contractor's compliance with any provision, duty, certification or like under the contract.
36. Injunctions: Should the University be prevented or enjoined from proceeding with the acquisition before or after contract execution by reason of any litigation or other reason beyond the control of the University, Contractor shall not be entitled to make or assert claim for damage by reason of said delay.
37. Statutes: Each and every provision of law and clause required by law to be inserted in the contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then on the application of either party the contract shall be amended to make such insertion or correction.
38. Materials and Workmanship: The Contractor shall perform all work and furnish all supplies and materials, machinery, equipment, facilities, and means, necessary to complete all the work required by this solicitation, within the time specified, in accordance with the provisions as specified.
The Contractor shall be responsible for all work put in under these specifications and shall make good, repair and/or replace, at the Contractor's own expense, as may be necessary, any defective work, material, etc., if in the opinion of University said issue is due to imperfection in material, design, workmanship or Contractor fault.
39. Industry Standards: If not otherwise provided, materials or work called for in this contract shall be furnished and performed in accordance with best established practice and standards recognized by the contracted industry and comply with all codes and regulations which shall apply.
40. Federal, State and Local Taxes: Unless otherwise specified, the proposal price shall include all applicable federal, state and local taxes. The successful vendor shall pay all taxes lawfully imposed on it with respect to any product or service delivered in accordance with this Request. The UNIVERSITY is exempt from state sales or use taxes and federal excise taxes for direct purchases. These taxes shall not be included in the vendor's price quotation.
The University makes no representation as to the exemption from liability of any tax imposed by any governmental entity on the Vendor.
41. Accounts Receivable Set-Off Program: During the course of this contract if the Contractor is found to owe a debt to the State of Kansas, agency payments to the Contractor may be intercepted / setoff by the State of Kansas. Notice of the setoff action will be provided to the Contractor. The Contractor shall credit the account of the agency making the payment in an amount equal to the funds intercepted.
K.S.A. 75-6201 et seq. allows the Director of Accounts & Reports to setoff funds the State of Kansas owes Contractors against debts owed by the Contractors to the State of Kansas. Payments setoff in this manner constitute lawful payment for services or goods received. The Contractor benefits fully from the payment because its obligation to the State is reduced by the amount subject to setoff.
- Definitions: A glossary of common procurement terms is available at http://da.ks.gov/purch, under “Purchasing Forms”.
43. Experience: All bidders must have/or are preferred to have a minimum of 3 years continuous active participation in the applicable industry, providing equipment/services comparable in size and complexity to those specified herein.
Bidders may be required to furnish information supporting the capability to comply with conditions for bidding and fulfill the contract if receiving an award of contract. Such information may include, but not be limited to, a list of similar size and type projects the Bidder has completed.
Additionally, Vendors shall list clients who have terminated services within the past five (5) years, indicating reasons for termination. Provide the firm name, contact person, address, e-mail address and phone number of each referenced organization.
44. Bid Guaranty: a bid guaranty in the amount of five percent (5%) of the total bid must be submitted by all vendors to ensure faithful performance with the conditions of this Request. A bid guaranty must be one of the following:
q certified check, cashier check, or certificate of deposit payable to the University; or
q a properly executed bid bond payable to the University.
All checks or certificates of deposit submitted as a bid guaranty shall be returned after contract award unless the guaranty shall serve as a performance guaranty for the successful vendor. Bonds will not be returned. If the successful vendor fails or refuses to enter into a written contract, the University shall retain the bid guaranty as liquidated damages.
45. Performance Guaranty/Bond: Contractor shall file with the KU Director of Purchasing and Strategic Sourcing a performance guaranty/bond in the amount of 100 % of the contract price. The guaranty shall be released upon the completion of this contract subject to total or partial forfeiture for failure to adequately perform the terms of this contract. If damages exceed the amount of the guaranty, the University may seek additional damages.
A performance guaranty must be one of the following:
q certificate of deposit payable to the University; or
q a properly executed bid bond payable to the University.
Necessary bond forms will be furnished by the KU Purchasing Services and can be completed by any General Insurance Agent. Bonds shall be issued by a Surety Company licensed to do business in the State of Kansas.
46. Equipment: All proposed equipment, equipment options, and hardware expansions must be identified by manufacturer and model number and descriptive literature of such equipment must be submitted with the bid.
47. Implied Requirements: All products and services not specifically mentioned in this solicitation, but which are necessary to provide the functional capabilities described by the specifications, shall be included. Other products required to make the described software functional shall be identified in the vendor's response.
48. Acceptance: No contract provision or use of items by the University shall constitute acceptance or relieve the vendor of liability in respect to any expressed or implied warranties.
49. Submission of the Bid: Submission of the bid will be considered presumptive evidence that the vendor is conversant with local facilities and difficulties, the requirements of the documents and of pertinent State and/or local codes, state of labor and material markets, and has made due allowances in the proposal for all contingencies. Later claims for labor, work, materials, equipment, and tax liability required for any difficulties encountered will not be recognized and all such difficulties shall be properly taken care of by Vendor at no additional cost to the University of Kansas.
50. Alternate Proposals/Equivalent Items: Bids on goods and services comparable to those specified herein are invited. Whenever a material, article or piece of equipment is identified in the specifications by reference to a manufacturer's or vendor's name, trade name, catalog number, etc., it is intended to establish a standard, unless otherwise specifically stated. Any material, article or equipment of other manufacturers or vendors shall perform to the standard of the item specified. Equivalent bids must be accompanied by sufficient descriptive literature and/or specifications to provide for detailed comparison. Samples of items, if required, shall be furnished at no expense to the University and if not destroyed in the evaluation process, shall be returned at vendor's expense, if requested.
The University reserves the right to determine and approve or deny “equivalency” in comparison of alternate bids.
51. Certification of Materials Submitted: The response to this request, together with the specifications set forth herein and all data submitted by the vendor to support the response including brochures, manuals, and descriptions covering the operating characteristics of the item(s) proposed, shall become a part of any contract between the successful vendor and the University. Any written representation covering such matters as reliability of the item(s), the experience of other users, or warranties of performance shall be incorporated by reference into the contract.
52. Inspection: The University reserves the right to reject, on arrival at destination, any items which do not conform with specification of this Request.
53. New Materials, Supplies or Equipment: Unless otherwise specified, all materials, supplies or equipment offered by a vendor shall be new, unused in any regard and of most current design. All materials, supplies and equipment shall be first class in all respects. Seconds or flawed items will not be acceptable. All materials, supplies or equipment shall be suitable for their intended purpose and, unless otherwise specified, fully assembled and ready for use on delivery.
54. Vendor Contracts: Include a copy of any contracts, agreements, licenses, warranties, etc. proposed. (State of Kansas form DA-146a remains a mandatory requirement in all contracts.)
55. Transition Assistance: In the event of contract termination or expiration, Contractor shall provide all reasonable and necessary assistance to University to allow for a functional transition to another vendor.
State of Kansas
Department of Administration
DA-146a (Rev. 1-01)
CONTRACTUAL PROVISIONS ATTACHMENT
Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision:
"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 1-01), which is attached hereto, are hereby incorporated in this contract and made a part thereof."
The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the _____ day of ____________________, 20_____.
1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.
2. Agreement With Kansas Law: All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.
3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.
4. Disclaimer Of Liability: Neither the State of Kansas nor any agency thereof shall hold harmless or indemnify any contractor beyond that liability incurred under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).
5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.
Parties to this contract understand that the provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting state agency cumulatively total $5,000 or less during the fiscal year of such agency.
6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.
7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation shall be allowed to find the State or any agency thereof has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the State of Kansas shall not agree to pay attorney fees and late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.
8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.
9. Responsibility For Taxes: The State of Kansas 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.
10. Insurance: The State of Kansas shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the State to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property in which vendor or lessor holds title.
11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 et seq.
12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."
