Street & Storm Sewer Improvement Project Central Highland Park Neighborhood 841099.09, 501107.10

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PROJECT MANUAL
CITY OF TOPEKA
Central Highland Park Neighborhood - Phase 2
Street Improvement Project No. 841099.09
Storm Sewer Improvement Project No. 501107.10
2930 SW Woodside Drive | Topeka, KS 66614
(785) 272-4706 phone | (785) 272-4736 fax

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PROJECT MANUAL
Table of Contents
DOCUMENT NUMBER
Invitation to Bid 020
Instruction to Bidders 100
Modifications to Instructions to Bidders 101
Agreement 530A or 530
General Conditions 700
Supplementary Conditions 820
Notification of Available Subcontract Work 840
Bid Form 330
Construction Performance Bond 610
Construction Payment Bond 620
September 2021

DOCUMENT 020
INVITATION TO BID
1. CITY OF TOPEKA PROJECT: Street & Storm Sewer Improvement Project Central Highland Park
Neighborhood 841099.09, 501107.10
2. BIDS RECEIVED UNTIL: 2:00 P.M., Local Time, _______________4/7/2026__________,
electronically using the Topeka Vendor Access website:
https://cityoftopekaks.tylerportico.com/va/vendor-access/bids or by delivering physical hard copies
prior to Closing at the office of the Contracts & Procurement Division, City Hall, 215 SE 7th Street,
Room B60, Topeka, Kansas 66603.
3. BID CLOSING: Will be public following the receipt of bids at the office of the Contracts &
Procurement Division, City Hall, 215 SE 7th Street, Room B60, Topeka, Kansas 66603.
4. DESCRIPTION OF MAJOR UNITS OF WORK:
5. DESIGN ENGINEER: Cook, Flatt, & Strobel Engineers, P.A., 2930 SW Woodside Drive, Topeka,
KS 66614 (name and address)
6. BID DOCUMENTS: Electronic copies (PDF's) of the bid documents (plans and specifications) and
any addenda are available using the Topeka Vendor Access website. Register online at
https://cityoftopekaks.tylerportico.com/va/vendor-access/registration .
7. BID SECURITY REQUIREMENTS: All bids must be accompanied by a cashier's check or a bid
bond for not less than five percent (5%) of the amount bid (including alternates), made payable to the
City of Topeka, Kansas. The original bid security shall be provided to the office of Contracts and
Procurement before the 2:00 closing date.
8. PRE-BID CONFERENCE: A pre-bid conference will be held at ___________N/A____________
__________________________________________________. Representatives of the Design Engi-
neer and Owner will be present to answer questions. Attendance is ______N/A_______
(mandatory or optional). If indicated as optional, attendance is highly encouraged for bidders to
attend in order to understand the expectations and details involved in the project and contract.
9. SUBMITTALS: Bid submittal requirements are explained in Document 100: Instructions to Bidders.
10. BID QUESTIONS: All questions must be submitted using the Bid Question Submittal Form
(Excel) included in the Bid Attachments. Bidders shall download the form, enter their questions
directly into the Q# fields (handwritten submissions will not be accepted), and email the completed
Excel file to procurement@topeka.org no later than ten (10) days prior to the bid closing date and
time, unless otherwise stated in the bid documents.
The email subject line shall read: Bid Number #### - Questions.
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If more than forty (40) questions are required, bidders may insert additional rows as needed. The form
must be submitted as an MS Excel (.xls or .xlsx) file.
Responses to questions will be issued by addendum and posted in the Bid Attachments as a PDF
titled:
Bid Number #### - Answers to Bid Question Submittal Form.
11. Plan Holder List: Contractors seeking to be included on the Plan Holders List must complete the
Plan Holders Information Form (Excel Worksheet) included in the Bid Attachments. Contractors
shall download the form, enter their business name, contact name, phone number, and email
address, and email the completed Excel file to procurement@topeka.org no later than ten (10) days
prior to the bid closing date, unless otherwise stated in the bid documents.
The email subject line shall read: Bid Number #### - Plan Holders Request.
A complete Plan Holders List will be published in the Bid Attachments as a PDF titled:
Bid Number #### - Plan Holders List.
Document 020 01/29/2025

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DOCUMENT 100
INSTRUCTIONS TO BIDDERS
1. Defined Terms.
Terms used in these Instructions to Bidders shall have the meanings assigned to them in the General
Conditions. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom
Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.
2. Copies of Bidding Documents.
2.1. Complete sets of the Bidding Documents in the number and for the purchase sum, if
any, stated in the Invitation may be obtained from the office designated in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner
nor Design Engineer assumes any responsibility for errors or misinterpretations resulting from
the use of incomplete sets of Bidding Documents.
2.3. Owner and Design Engineer in making copies of Bidding Documents available on the
above terms do so only for the purpose of obtaining Bids on the Work and do not confer a
license or grant for any other use.
3. Qualifications of Bidders.
To demonstrate qualifications to perform the Work, the apparent low Bidder must be prepared to
submit within five days of Owner's request written evidence of the types set forth in the General or
Supplementary Conditions, such as financial data, previous experience and evidence of authority to
conduct business in the jurisdiction where the Project is located. Any information furnished pursuant
to this section shall be deemed confidential and will not be disclosed by the Owner. Each Bid must
contain evidence of Bidder's qualification to do business in the State of Kansas or covenant to obtain
such qualification prior to award of the contract.
4. Examination of Contract Documents and Site.
4.1. Before submitting a Bid, each Bidder must (a) examine the Contract Documents
thoroughly, (b) visit the site to familiarize himself with local conditions that may in any
manner affect cost, progress or performance of the Work, (c) familiarize himself with federal,
state and local laws, ordinances, rules and regulations that may in any manner affect cost,
progress or performance of the Work; and (d) study and carefully correlate Bidder's
observations with the Contract Documents.
4.2. Reference is made to the Supplementary Conditions for the identification of those
reports of investigations and tests of subsurface and latent physical conditions at the site or
otherwise affecting cost, progress or performance of the Work which have been relied upon by
Engineer in preparing the Drawings and Specifications. Owner will make copies of such
reports available to any Bidder requesting them. These reports are not guaranteed as to
accuracy or completeness, nor are they part of the Contract Documents. Before submitting his
Bid each Bidder will, at his own expense, make such additional investigations and tests as the
Bidder may deem necessary to determine his Bid for performance of the Work in accordance
with the time, price and other terms and conditions of the Contract Documents.
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4.3. On request Owner will provide each Bidder access to the site to conduct such
investigations and tests as each Bidder deems necessary for submission of his Bid.
4.4. The lands upon which the Work is to be performed, rights-of-way for access thereto
and other lands designated for use by Contractor in performing the Work are identified in the
Supplementary Conditions, Specifications or Drawings.
4.5. The submission of a Bid will constitute an incontrovertible representation by the
Bidder that he has complied with every requirement of this Article 4 and that the Contract
Documents are sufficient in scope and detail to indicate and convey understanding of all terms,
and conditions for performance of the Work.
5. Interpretations.
All questions about the meaning or intent of the Contract Documents shall be submitted only through
the City of Topeka's e-Procurement System at least 10 calendar days prior to the opening of Bids. All
questions and answers will be posted to the Bid Event. Questions and answers that result in a material
changed to the scope of work or quantities will require issuance of an addendum. Only questions
answered by formal written Addenda will be binding. Oral and other interpretations or clarifications
will be without legal effect.
6. Bid Security.
6.1. Bid Security shall be made payable to Owner, in an amount of five percent of the
Bidder's maximum Bid price (including alternates) and in the form of a certified or cashier's
check or a Bid Bond issued by a Surety meeting the requirement of paragraph 5.1 of the
General Conditions. All forms of Bid Security must be delivered in original form. Facsimile
transmission of Bid Security documents will not be accepted.
6.2. The Bid Security of the Successful Bidder will be retained until such Bidder has
executed the Agreement and furnished the required Contract Security, whereupon it will be
returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the
required Contract Security within 10 days of the award of contract, Owner may annul the
award and the Bid Security of that bidder will be forfeited to the Owner.
The Bid Security of any Bidder whom Owner believes to have a reasonable chance of
receiving the award may be retained by Owner until the seventh day after the "Effective date of
the Agreement" (which term is defined in the General Conditions) or the forty-sixth day after
the Bid opening, whichever is earliest. Bid Security of other Bidders will be returned within
seven days of the Bid opening.
7. Contract Time.
The number of days within which or the date by which the Work is to be completed (the Contract
Time) is set forth in the Agreement.
8. Liquidated Damages.
Provisions for liquidated damages are set forth in the Agreement.
9. Substitute Material and Equipment.
The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or
specified in the Specifications without consideration of possible substitute or "or equal" items.
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Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-
equal" item of material or equipment may be furnished or used by Contractor if acceptable to
Engineer, application for such acceptance will not be considered by Engineer until after the "Effective
date of the Agreement". The procedure for submittal of any such application by Contractor and
consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions
which may be supplemented in the Specifications.
10. Subcontractors, etc.
10.1. The total amount of the work performed by all Subcontractors cannot exceed seventy percent
(70%) of the Total Bid as reflected in Document 330.
10.2. Bidder must submit to Owner, as part of their Bid Form, a complete list of all
Subcontractors and other persons and organizations (including those who will be furnishing
the principal items of material and equipment) proposed to be used by the bidder to complete
this project. Failure by the Bidder to provide this list with the cost amount for each
Subcontractor shall render the bid nonresponsive. If the total amount of the work performed by
all Subcontractors exceeds seventy (70%) of the Total Bid, the bid will be rejected. If
requested by the Owner, the Successful Bidder shall submit to the owner, in writing, an
experience statement with pertinent information as to similar projects and other evidence of
qualifications for each such Subcontractor, person and organization listed on the Bid Form. If
Owner or Engineer, after due investigation, has reasonable objection to any proposed
Subcontractor, other person or organization, either Owner or Engineer may before giving the
award of contract, request the apparent Successful Bidder to submit an acceptable substitute
without an increase in Bid Price. If the apparent Successful Bidder declines to make any such
substitution, the contract shall not be awarded to such Bidder, but his declining to make any
such substitution will not constitute grounds for sacrificing his Bid Security. Any
Subcontractor, other person or organization so listed and to whom Owner or Engineer does not
make written objection prior to the giving the award of contract, will be deemed acceptable to
Owner and Engineer. Substitutions to this list of acceptable Subcontractors and other persons
and organizations after the apparent Successful Bidder has been awarded a contract by the
Owner will not be allowed without the written approval of the Owner or Engineer.
10.3. No Contractor shall be required to employ any Subcontractor, other person or
organization against whom he has reasonable objection.
10.4. No Subcontractor who is on the Owner's "List of Suspended Contractors" as of the date
of the opening of Bids may be employed by the Contractor on the project. A current list of
suspended contractors may be obtained from the Contracts and Procurement Division.
11. Bid Form.
11.1. The Bid Form is included in this Project Manual. The Project Manual will be posted to
the electronic Bid Event.
11.2. Bid Forms must be completed in the electronic Bid Event.
11.3. Bids by corporations must be executed in the corporate name by the president or a
vice-president (or other corporate officer accompanied by evidence of authority to sign) and
the corporate seal must be affixed and attested by the secretary or an assistant secretary. The
corporate address shall be shown below the signature. Signature pages shall be submitted
electronically as instructed in the Bid Event.
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11.4. Bids by partnerships must be executed in the partnership name and signed by a partner
whose title must appear under the signature and the official address of the partnership must be
shown below the signature. Signature pages shall be submitted electronically as instructed in
the Bid Event.
11.5. All names must be typed or printed below the signature, unless instructed in the
electronic Bid Event.
11.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of
which shall be filled in on the Bid Form). Signed Addenda forms shall be uploaded to the Bid
Event by the bidder.
11.7. The address to which communications regarding the Bid are to be directed must be
shown, if different than that required above.
12. Submission of Bids.
12.1. Bids shall be submitted only through the City of Topeka's e-Procurement System.
12.2. Bids shall be submitted at or before the stated time of closing. Bids received after the
closing time indicated in the Invitation to Bid will be rejected.
The City attempts to maintain continuous access to the supplier portal. However, from time to
time, Bidder understands that access may be interrupted or prevented due to maintenance, site
problems, Internet problems, or problems experienced by the user due to Bidder's computer
system. Bidder acknowledges that City makes no warranties that the supplier portal will be
uninterrupted or error-free. Regardless of the source of any problem, Bidder acknowledges that
it is Bidder's sole responsibility to ensure that its bid is timely received. Because of the
discrepancies inherent in timing mechanisms (e.g. cell phone, computers, mobile devices),
Bidder acknowledges that the bid time will be determined based upon the time indicated on the
City server for the Strategic Sourcing application. If Bidder does not submit its bid at or before
the time indicated on the City server for the strategic source application, the bid will be
electronically rejected by the Strategic Sourcing application as untimely.
Bidder acknowledges that the City shall not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability
to use the supplier portal; (ii) unauthorized access to or alteration of the user's transmissions or
data; or (iii) any other matter relating to the supplier portal.
12.3. Bids will not be accepted from any Contractor who is on the Owner's "List of Suspended
Contractors" as of the date of the Opening of Bids. Bids received from suspended Contractors
will automatically be rejected and returned unopened.
12.4. Bids that do not conform to the Affirmative Action and Notification of MBE and WBE
requirements shall be deemed non-responsive and will not be accepted in accordance with
paragraphs 23 and 24 of this Instructions To Bidders.
13. Modification and Withdrawal of Bids.
13.1. Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered to the place where Bids are to be submitted
at any time prior to the opening of Bids.
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13.2. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written
notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of
Owner that there was a material and substantial mistake in the preparation of his Bid, Owner
may, at its sole discretion, allow that bidder to withdraw his Bid and the Bid Security will be
returned.
14. Opening of Bids.
Bids will be opened publicly and read aloud.
15. Bids to Remain Open.
All Bids shall remain open for sixty (60) days after the day of the bid opening, but Owner may, in his
sole discretion, release any Bid and return the Bid Security prior to that date.
16. Award of Contract.
16.1. Owner reserves the right to reject any and all Bids, to waive any and all informalities and
to negotiate contract terms with the Successful Bidder within the limitations of the Code of the
City of Topeka. Owner reserves the right to reject all nonconforming, nonresponsive or
conditional Bids. Discrepancies in the indicated multiplication of unit prices and quantities
shall be resolved in favor of the correct multiplication based on the unit prices indicated.
Discrepancies between the indicated sum of any column of figures and the correct sum thereof
will be resolved in favor of the correct sum.
16.2. In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not
the Bids comply with the prescribed requirements and alternates and unit prices if requested in
the Bid forms. It is Owner's intent to accept alternates (if any are accepted) in the order in
which they are listed in the Bid form but Owner may accept them in any order or combination.
16.3. Owner may consider the qualifications, experience and financial ability of
Subcontractors and other persons and organizations (including those who are to furnish the
principal items of material or equipment) proposed for those portions of the Work as to which
the identity of Subcontractors and other persons and organizations must be submitted as
provided in the General Conditions. Operating costs, maintenance considerations,
performance data and guarantees of materials and equipment may also be considered by
Owner.
16.4. Owner reserves the right to reject the Bid of any Bidder who does not pass any such
evaluation to Owner's satisfaction.
16.5. If the contract is to be awarded it will be awarded to the lowest Bidder whose evaluation
by Owner indicates to Owner that the award will be in the best interests of the Owner.
16.6. If the contract is to be awarded, Owner will notify the Successful Bidder within thirty
days after the day of the Bid opening.
17. Performance and Other Bonds.
Paragraph 5.1 of the General Conditions sets forth Owner's requirements as to performance and other
Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it shall be
accompanied by the required Contract Security.
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18. Signing of Agreement.
When Owner notifies the Successful Bidder of the award of contract, it will be accompanied by at
least three unsigned counterparts of the Agreement and all other Contract Documents. Within ten days
thereafter Contractor shall sign and deliver all counterparts of the Agreement to Owner with all other
Contract Documents attached. The Contractor shall also submit certificates of insurance in accordance
with paragraph 2.1 of the General Conditions and an estimated construction schedule in accordance
with paragraph 2.6 of the General Conditions with the executed Agreement. Within ten days
thereafter Owner will deliver all fully signed counterparts to Contractor.
19. Sales Taxes.
19.1. For all projects, payment of Kansas State Sales Tax or Compensating (Use) tax is not
necessary and should not be included in unit prices bid for materials to be incorporated in the
work. The City of Topeka will furnish an exemption certificate (including exemption
certificate number) obtained from the Sales and Compensating Tax Division of the
Department of Revenue of the State of Kansas to the Contractor, Subcontractor or repairmen
making purchases of any tangible personal property to be incorporated in this project. The
Contractor, Subcontractor or repairmen must furnish all suppliers with a copy of the properly
executed exemption certificate secured for this project. He may reproduce as many copies of
the certificate as he may need.
20. State Registration of Out-of-State Contractors.
Bidders are advised that K.S.A. 79-1008, 79-1009 requires the registration of out-of-state contractors
with the Director of Revenue for collection of tax.
21. Non-Resident Bidders.
Attention is directed to Section 16-113 and 16-114 of the Kansas Statutes Annotated which requires
that any Non-Resident Contractor who undertakes the construction of any public improvement to be
paid for out of public funds, must appoint in writing and file with the Kansas Secretary of State, some
person (resident in Shawnee County, Kansas) on whom service may be had in any civil action which
may arise out of such contractual relation.
22. Equal Employment Opportunity.
It is the policy of the City of Topeka, Kansas to require that all contracts of the City and its agencies
include specific provisions to ensure equal employment opportunity and that all Contractors provide
evidence of the adoption of an affirmative action program. To comply with these requirements, all
persons wishing to enter into a contract with the City shall abide by the following conditions:
22.1. Comply with K.S. A. 44-1030 requiring that:
a. The Contractor shall observe the provisions of the Kansas act against
discrimination and shall not discriminate against any person in the performance of
work under the present contract because of race, religion, color, sex, physical handicap
unrelated to such person's ability to engage in the particular work, national origin or
ancestry;
b. In all solicitations or advertisements for employees, the Contractor shall include the
phrase, "equal opportunity employer," or a similar phrase to be approved by the
commission;
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