1-2026 UDO Update - Request for Proposal FINAL.docx

City of Olathe Procurement Division PO Box 768 Olathe, KS 66051-0768 913-971-9005

June 1, 2026

TO: PROSPECTIVE VENDORS

The City of Olathe is requesting proposals from firms to provide a statement of qualifications for preparing a Unified Development Ordinance Update (RFP 26-0056).

A Pre-Proposal Conference will be held virtually on Zoom, on this date at the following link:

11:00 AM (CST), June 16, 2026 Join Zoom Meeting https://us02web.zoom.us/j/4045081355?pwd=eVNsQUpQS3dvcVlYcmdCL1RuQVV1UT09&omn=81062942607 Meeting ID: 404 508 1355 Passcode: 973910 Qualification proposals must be received online at https://olatheks.bonfirehub.com/ no later than:

4:00 pm (CST), July 1, 2026

Questions concerning this RFQ must be directed to https://olatheks.bonfirehub.com/. Questions will be addressed via addendum on https://olatheks.bonfirehub.com/.

Sincerely, Shari Pine Senior Procurement Specialist

Request for Proposals(RFP)

Unified Development Ordinance Update

RELEASED JUNE 1, 2026

DUE JULY 1, 2026

City of Olathe 100 E. Santa Fe Olathe, KS 66061

INTRODUCTION

The City of Olathe, Kansas (“City”) is seeking proposals from qualified consulting firms to review and update its Unified Development Ordinance (UDO) following adoption of the City’s Comprehensive Plan, Elevate Olathe, which is designed to guide Olathe’s growth and development over the next 15 years. The City is seeking firms experienced in providing professional services including research, analysis, stakeholder engagement, drafting of UDO text and graphics, and final document preparation. The project will align development standards with the goals of Elevate Olathe and result in a UDO that supports an efficient development process, quality standards, compatibility with state statues, and advancement of Olathe’s livability, mobility, resiliency and community identity.

The City's existing UDO is available on-line for review at https://olathe.municipal.codes/UDO and the adopted Elevate Olathe Comprehensive is available for on-line review a https://www.olatheks.gov/government/planning.

Other Long Range plans and Corridor Studies can be found at https://www.olatheks.gov/government/planning.

PROJECT DESCRIPTION

The City adopted the Elevate Olathe Comprehensive Plan in April 2026, which was a complete update to the previous PlanOlathe Comprehensive Plan adopted in 2010. Key recommendations of Elevate Olathe are to update the City's Unified Development Ordinance (UDO) to align with the strategies and actions contained in the updated plan, specifically pertaining to the following:

· Development of a Mixed Use Zoning District, including Vertical Mixed Use and Mix of Uses opportunities,

· Site Design Standards,

· Flexibility for infill development,

· Protection of natural features,

· Greater mix of housing types and complete neighborhoods, and

· Revitalizing commercial corridors with guidance on building form and placement.

The City’s last holistic update to the UDO occurred in 2014. Since then, targeted amendments have been adopted, including significant updates to architectural standards (2019), animal regulations (2020), accessory dwelling units (2022), and the Downtown sign code (2025).

The Project is expected to include a combination of existing, modified, and new regulations, including the creation and repeal of zoning districts, development standards, and design standards. The code update must include robust stakeholder engagement and close collaboration with City staff to ensure alignment with the Olathe community, the Olathe 2040 strategic plan, the goals of Elevate Olathe, and the City’s established development review practices.

PRIMARY GOALS OF THE PROJECT INCLUDE:

1. Allowing greater flexibility in residential land uses with context sensitive designs (i.e. missing middle housing):

The UDO update should realign land use and architectural standards to support a variety of housing types, including homes on small lots. The Elevate Olathe Comprehensive Plan encourages “missing middle” housing, and the UDO should support these housing types by balancing context-sensitive design with flexibility that enables feasibility and affordability.

2. Development of design guidelines that may serve as overlay district standards for the Santa Fe subarea, as identified in the Comprehensive Plan:

Santa Fe Street, extending from approximately the BSNF Railroad to Mur-Len Road, served as Olathe’s original commercial corridor and business center. Over time, the corridor evolved into an auto-oriented environment and is now characterized by aging buildings, fragmented reinvestment, and inconsistent design. The transformational $270 million interchange improvements at Santa Fe Street and I-35 will affect many existing properties in the area. As redevelopment and reinvestment occur, consistent standards for building placement, architecture, site design, and landscaping should be applied to establish cohesive street frontages and enhance the visual quality of one of the City’s primary gateways.

3. Updating Site Design Standards to require realistic and meaningful site design and clarify how zoning standards are implemented in relation to Site Design Standards (columns provided in UDO 18.20):

The Site Design Standards (UDO 18.15.100) should be updated to align with the Future Land Use Map in the Elevate Olathe Comprehensive Plan and the zoning districts established through this UDO update. While the standards were originally intended to provide “maximum design flexibility,” in practice this flexibility has often resulted in underutilized amenities that add limited value to projects or allow for building placement and other features that are already standard in typical development. Features that promote sense of place should be incorporated along with bicycle and pedestrian amenities.

4. Updating or repealing dated and underutilized zoning districts with overly complicated regulations (i.e. TOD and PR Districts), and create a new Mixed Use zoning district, as identified in the Comprehensive Plan.

5. Updating the Use Matrix, particularly in the Downtown and Business Park Districts, to remove antiquated uses and include new and emerging technologies and land uses (UDO 18.20.500).

6. Updating the Original Town Overlay District to align with the vision for housing described in the Elevate Olathe Comprehensive Plan.

7. Evaluating the Architecture Code to meet industry’s best practices and maintain regional competitiveness.

8. Updating the Sign Code to meet industry best practices and increase ease of use.

9. Right-size parking standards and encourage shared-use parking opportunities.

10. Updating Tree Preservation standards for clarity and ease of use.

11. Updating development review procedures to consolidate review processes and timelines when feasible.

12. Updating Nonconformities and Vested Rights for ease of interpretation and use.

COMMUNITY OVERVIEW

The City of Olathe, Kansas is located approximately 20 miles southwest of downtown Kansas City, Missouri. Olathe is the county seat of Johnson County and covers an area of approximately 64 square miles, with a total projected growth to approximately 92 square miles. In 2024, Olathe’s population was 145,057 residents and is forecasted to grow to over 160,000 residents by 2050, an increase of nearly 15,000 people in the next 25 years, according to the Mid-America Regional Council (MARC). Olathe is the second largest city in Johnson County, the fourth largest city in the Kansas City metropolitan area, and the fourth largest city in Kansas.

Olathe was founded in 1857 and is one of the oldest communities in the state of Kansas. By 1868, more than 50 buildings were erected in the city, and by 1873, three railroads traversed Olathe. The Strang Trolley Line opened in 1907, which provided a connection from Olathe to downtown Kansas City. This was the first gas-electric trolley car and one of the most profitable inter-urban railroads in the country.

Over the past fifty years, Olathe’s population has grown rapidly, resulting in an increased demand on services provided by the City and substantial impacts on the infrastructure and facilities that sustain the quality of life for residents. Olathe maintains over 1,300 lane miles of public roads and is a full-service city providing water, recycling, waste, and sanitary sewer services throughout the community.

In Olathe, the median home value grew 128% from roughly $139,500 in 2000 to over $364,700 in 2024. Olathe’s proximity to the KC Metro and small-town character continue to make it desirable for residents and businesses alike. Olathe has highly ranked schools, a variety of housing options, and a highly educated workforce. It is a family and business friendly environment.

Olathe’s major employers include Garmin International, Johnson County Municipal Government and the University of Kansas Health System. Southern Olathe is home to numerous large industrial developments, including Lineage, FedEx and Heartland Coca-Cola. Olathe is adjacent to the Panasonic EV Battery Factory in De Soto, Kansas with an anticipated 4,000 employees which will have an impact on future housing needs and development within our community. Additionally, the Kansas City Chiefs have announced Olathe as the new location for the headquarters and practice facilities, anticipated to open by 2030.

SCOPE OF WORK

The City seeks to contract a consulting firm (or team of consulting firms) to provide professional planning, technical, and legal assistance in updating the City’s Unified Development Ordinance. Specifically, a consulting firm with substantial experience in developing and drafting land development regulations, particularly those undergoing significant growth and redevelopment.

The consulting firm(s) is also expected to provide a wide range of services including, but not limited to the following:

1. Review of the Elevate Olathe Comprehensive Plan, with special attention given to the Future Land Use Map, subareas, and the goals and strategies within Chapter 3, for alignment with UDO updates.

2. In coordination with staff’s Technical Committee, audit the current UDO and provide a report summarizing the existing strengths, weaknesses, and opportunities for improvement in comparison to other municipalities.

3. Develop and implement a public engagement plan which should incorporate a range of outreach tools, including a dedicated project website, online survey(s), and social media content. In addition, this plan should involve stakeholder engagement, focus group discussions, and public workshops to present and discuss opportunities for improvement. Public engagement opportunities must be provided throughout the review, drafting, revising, and adopting processes. For the purposes of this statement of qualifications, assume a minimum of three (3) community stakeholder meetings, one (1) public open house, at least one (1) internal technical committee meeting per major topic area, two (2) presentations to the Planning Commission, and two (2) presentations to the City Council. The consultant will be responsible for preparing all materials for meetings, including graphics, exhibits, presentation documents, etc. The consultant will be the primary presenter at each meeting.

4. Creating tables and graphics to convey complex zoning concepts.

5. Develop a user-friendly development ordinance with hyperlinks and supporting graphics that are easy to understand, administer, and interpret.

6. Identify significant nonconformities which result from updates to the UDO.

7. Provide for efficient code administration with the delivery of predictable, high-quality outcomes.

8. Allow for responsiveness to market conditions and community needs and expectations.

The final scope of work to be carried out by the Consultant will be negotiated in advance of contracting with the City. This scope of work is intended to be flexible and shall be refined to best meet project needs and goals. Upon completion of this scope of work, the City intends to repeal the existing Unified Development Ordinance (Title 18) and adopt the new code in its entirety.

City staff will support the consultant team by:

· Reviewing project deliverables prior to their use or publication for public engagement activities, Planning Commission and City Council meetings, and UDO draft releases.

· Scheduling and public noticing for meetings and hearings.

· Coordinating city communications channels (news briefs) and social media content (Facebook etc.) for public engagement activities.

· Providing guidance on City practices, policies, and priorities related to the UDO update.

· Assisting with cross-referencing the UDO with the Municipal Code, State Statutes, and other adopted policies and procedures, and technical specifications and design standards.

· Identifying minor amendments to code sections that staff regularly works with (i.e. submittal requirements, procedures, etc.)

DELIVERABLES

1. Current UDO audit report identifying the existing strengths, weaknesses, and opportunities for improvement in comparison to other municipalities.

2. Overall project plan and timeline graphic identifying the number and type of public engagement opportunities, including a graphic format for public communication.

3. Public Communication Plan

a. A project website including status updates, upcoming meetings, and other opportunities for engagement, such as online surveys,

b. All published communication content for public engagement activities,

c. Programming and presentation of all public and stakeholder engagement opportunities.

4. Written meeting notes, summaries and survey results for all public engagement activities.

5. A complete and updated Unified Development Ordinance in multiple formats, including Microsoft Word, InDesign, PDF, etc., including a format that can easily be submitted for integration into the General Code online system.

6. All graphics and shapefiles in their respective digital formats that may be utilized and modified as needed. The City of Olathe shall retain ownership and the ability to modify all data and files generated and created as part of the UDO Update.

RFP PROPOSAL SUBMISSION AND EVALUATION CRITERIA

The City will receive qualification proposals, no later than 4:00 pm (CST) July 1, 2026, online at https://olatheks.bonfirehub.com/.

To simplify the review process and obtain the maximum degree of comparability, the proposal must follow the outline described below and contain the required information. Respondents are encouraged to include additional relevant information. Respondents must also include a signature page with company name, address, phone number, contact name, authorized signature, and date.

1. Letter of Interest

2. Qualifications/Project Portfolio

a. Firm capability - company resources

b. Areas of specialization

c. Practice philosophy

d. History of the firm and how many years in the business

e. Project Team - Key project staff assigned (include resumes for each), identify any sub-consultants and their proposed roles (include resumes for each) and organizational chart

f. Letter from Principal certifying the availability and commitment of staff, specifically a commitment to providing a dedicated project manager to serve as the point of contact throughout the duration of the project.

3. Experience

a. Relevant recent experience with comparable projects (regional experience preferred).

b. List of clients (3-5) for whom similar work has been done in the last ten years. Include a brief description of the project, budget/final cost, a contact name and phone number for each. The projects should be comparable in complexity, size, scope, and discipline and completed within the past ten years.

4. Project Understanding, Approach and Schedule

a. Detailed description of the firm’s understanding of the project outlined in the Scope of Work.

b. Description of the firm’s approach to this project along with a detailed work plan showing all key tasks.

c. Proposed project schedule to meet the anticipated deadlines outlined in this RFP, including all stakeholder/public input processes and meetings. Please provide this in Gantt chart format.

d. Identify the potential challenges presented by this project and the firm’s approach to meeting them.

e. Propose additional tasks that may add value to achieving the best possible project outcomes.

5. Quality Assurance Plan

a. Detailed description of the firm’s approach to integrating technical and quality aspects of the project, including planning, implementation, and assessment, or, more generally, how success in achieving project objectives will be measured.

6. Standard Agreement

a. The City of Olathe’s standard Professional Services Agreement will be used for this project (Refer to Attachments). Any exceptions to the standard agreement must be submitted in writing with the proposal.

7. Proposed Fee

a. The current budgeted amount for this project is $300,000. Submit a not-to-exceed cost and breakdown for project deliverables and outcomes. Please include any optional expenses or items over the budgeted amount for consideration. Fee may be negotiated to align with detailed scope of service refinements.

SELECTION PROCESS

1. The City of Olathe will review all responses to this RFP that meet the requirements and are received prior to the designated closing date and time.

2. The proposals will be evaluated by the City of Olathe’s review team using a selection criteria and format based on the following:

a. Qualifications of the individuals assigned to this project (15%)

b. Recent, relevant project experience (30%)

c. Project approach and understanding, public engagement and organization of tasks (30%)

d. References from current and past clients (10%)

e. Project timeline and scope (10%)

f. Fee (5%)

3. Upon review of qualified firms, the City of Olathe will conduct interviews with the highest-ranking respondents.

4. Following review of the proposals and interviews, the highest-ranking Respondent will be notified.

5. If a satisfactory agreement with the Respondent cannot be reached, negotiations with that Respondent will be formally terminated. The City of Olathe may then undertake negotiations with the second-ranked Respondent or other Respondents or may re-issue the RFP at its discretion.

6. The City of Olathe will select the proposal which best reflects the City of Olathe’s needs and requirements. The City of Olathe will have sole determination of which proposal, if any, is in the City of Olathe’s best interest and may cancel this RFP and process at any time.

7. The preferred consultant may be requested to provide a brief presentation before City Council during the selection process.

SCHEDULE

The following is a tentative project schedule:

CONTRACT AWARD

The City anticipates entering into a contract with the individuals and/or firms who submit the proposal(s) judged by the City to be most advantageous.

Respondents shall understand that this RFP does not constitute an offer or a contract with the Respondent. An official contract or agreement is not binding until proposals are reviewed and accepted by appointed staff, approved by the appropriate level of authority within the City and executed by the parties. The City anticipates that the final contract will be in substantial conformance with the Sample Standard Contract; nevertheless, Respondents are advised that any contract which may result from the RFP may deviate from the Sample Standard Contract. Any changes to the Sample Standard Contract suggested by the Respondent must be clearly stated in your Proposal.

The City reserves the right to reject all proposals, to abandon the project, or to re-advertise for and solicit other proposals. The City may, in its discretion, waive any informalities and irregularities contained in a proposal or in the manner of its submittal and award a contract thereafter. The City further reserves the right to negotiate any and all terms of the proposal.

PRE-CONTRACTUAL EXPENSES

The City shall not, in any event, be liable for any pre-contractual expenses incurred in the preparation of a vendor’s submittal, prior to execution of the contract by both parties. Precontractual expenses are defined as expenses incurred by the vendor in:

· Preparing and submitting qualification(s) to the City;

· Preparing and submitting proposal(s) to the City;

· Negotiations with the City on any matter related to the contract terms, professional fees, and schedule

· Any other expenses incurred by the respondent prior to reaching agreement of the contract with the City.

All prospective Proposers will be afforded an opportunity to submit statements of qualifications in response to this request and will not be discriminated against on the basis of race, religion, color, national origin, age, sex, disability or any other protected class in receiving consideration for an award of any contract entered into pursuant to this Request.

RFP DOCUMENT MISTAKES

(Kansas statues K.S.A. 75-6901 through 75-6906). The respondent shall not be allowed to modify or correct mistakes in the RFP document after the closing. Failure to complete the entire submittal may result in declaring the submittal as non-responsive and the submittal may be rejected. A submittal that is in the possession of the Purchasing Division may not be altered after time and date for closing. E-mail, fax, telegram, telephone, or verbal alterations of a submittal will not be accepted. Respondent may submit an alternative sealed submittal bearing the signature of person authorized for offering a submittal, provided it is received prior to the time and date of closing. A submittal that is in the possession of the Purchasing Division may be withdrawn by the respondent up to the time of the RFP closing.

INDEMNIFICATION

Loss: For purposes of indemnification requirements, the term "Loss" means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including reasonable attorney's fees and the cost of defense), in connection with any action, proceeding, demand or claim for injury, including death, to any person or persons or damages to or loss of, or loss of the use of, property of any person, firm or corporation, including the parties hereto, which arise out of or are connected with the performance of this Agreement.

Indemnification and Hold Harmless: For purposes of this Agreement, Consultant agrees to indemnify, defend, and hold harmless the City and the Olathe Housing Authority and their agents from any and all Loss where Loss is caused or incurred as a result of the intentional misconduct, recklessness, negligence, or other actionable fault of the contractor or its subcontractors. Neither acceptance of completed work nor payment therefor nor termination or expiration of this Agreement releases Consultant of its obligations under this paragraph.

APPROPRIATIONS CLAUSE

The City is subject to the Kansas Cash Basis Law. Accordingly, execution and continuation of the contract is contingent upon annual appropriation of funds by the applicable legislative body in an amount sufficient to allow performance in accordance with the terms and conditions of the contract. The City shall, upon receipt of notice by the appropriate authority that sufficient funds are not available to continue full and faithful performance of the contract, provide prompt written notice to the Respondent of such event, and effective thirty (30) days after giving such notice or upon the expiration of the period of time for which funds were appropriated, whichever comes first, be thereafter released of all further obligations in way related to the contract.

City of Olathe terms and conditions can be found on the Procurement page of the City website: https://www.olatheks.gov/government/procurement.

INQUIRIES

Question or requests for information regarding this Request for Proposals must be submitted to https://olatheks.bonfirehub.com/, no later than 4:00 pm (CST) July 1, 2026.

No communication regarding this RFP shall be directed to any City official or employee. All inquiries will be responded to in the form of written addenda and posted on https://olatheks.bonfirehub.com/. Respondents shall include confirmation of the receipt of any addenda with their proposal, failure to do so, may result in an unresponsive proposal.

CITY CONTACT

Shari Pine, Senior Procurement Specialist 913-971-9005 or SPine@OlatheKS.org

All questions to the City shall be submitted via https://olatheks.bonfirehub.com/.

CITY OF OLATHE, KANSAS

PROCUREMENT DIVISION

INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS

(Revised 02/26)

1. SCOPE: These instructions to bidders and general conditions apply to solicitations for material, equipment, supplies or services with an estimated single or combined cost of $100,000.00 or more. These conditions shall be in force unless otherwise modified by the City in this bid document. Bidders shall be advised that the City of Olathe is not responsible for the content of any bid package received through any 3rd party bid service other than Bonfire. It is the sole responsibility of the vendor to ensure the completeness of the documents received from any 3rd party source other than Bonfire.

3. PREPARATION OF BIDS: Bidders shall review the specifications, drawings, and all special and general conditions. Failure to do so will be at the bidder's risk.

Each bidder shall furnish the information required in the solicitation. The bidder shall provide their name, address, e-mail address, and telephone number where indicated in the affidavit of the solicitation documents. The affidavit must be signed by an officer or employee having the authority to bind the company or organization by his/her signature, notarized, and uploaded with bid response on Bonfire.

Unit price for each unit offered must be provided. The unit price will be presumed correct.

The bidder must state a definite time for delivery of supplies or performance of services.

4. SUBMITTING A BID: Bids must be received electronically in the sealed lockbox at Bonfire BEFORE the time of opening indicated in the solicitation. All references to time shall be Olathe, Kansas time (Central time zone). Hard copy (paper) bids will not be accepted. Late bids will be rejected. Any exceptions or additional information required on a solicitation will be noted in the bid documents. Failure to provide any requested information or to follow these procedures may result in the rejection of your bid.

5. BID DOCUMENT MISTAKES: (Kansas Statutes K.S.A. 75-6901 through 75-6906). The bidder shall not be allowed to modify or correct mistakes in the bid document after the opening of the bid. Failure to complete the entire bid accurately may result in declaring the bid as non-responsive and the bid may be rejected.

Bids may not be withdrawn after the bid opening time and date if a bid mistake is based upon an error in judgment. If a nonjudgmental mistake, such as a math error, is suspected by the City or the bidder, the bidder shall respond within two (2) business days of the bid opening with a request for the City to consider verification of the mistake. Once a bid has been verified, it shall be considered submitted as verified. The City shall permit a bidder to withdraw its bid without penalty or forfeiture of bid security if: (a) a nonjudgmental mistake is evident on the face of the bid, or (b) the bidder establishes by clear and convincing evidence that a nonjudgmental mistake was made.

If multiple bids are received from the same vendor, the City will either consider only one of the bids from that vendor, or reject all bids from that vendor, at the sole discretion of the City.

6. ACCEPTANCE OF OFFER: The submitted bid is considered as an offer on the part of the bidder; such offer is deemed accepted upon issuance by the City of a Purchase Order, Price Agreement, or other contractual document.

7. FIRM PRICES: By submitting the bid, bidder signifies that the prices, terms and conditions quoted in their bid will be firm for acceptance for a period of not less than ninety (90) days from the bid opening date unless otherwise specified in the solicitation. Prices quoted must remain firm for the period of performance of any resulting purchase order or contract to be performed over a specified period of time as indicated in the solicitation.

8. CONTRACT RENEWAL: The City reserves the right to renew any contract resulting from this solicitation at the same prices, specifications, terms and conditions, upon mutual agreement between the City and the contractor.

9. ESTIMATED QUANTITIES: Whenever a bid requests prices to be firm for a period of performance, the quantities or usages shown are estimated only with no guarantee made by the City. The quantities are for the bidder’s information only, and the City will be bound only for actual quantities ordered.

10. DISCOUNTS: Cash discounts will be considered in determining the award. Unless otherwise indicated in the IFB, discounts offering 10 days or more will be taken by the City’s Accounts Payable Division, with payment made on the nearest pay period after receipt, inspection and acceptance of articles, and receipt of correct invoice(s).

11. SAMPLES: Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, samples may be returned at the bidder’s expense unless otherwise indicated in the solicitation.

12. AWARD: Award will be made to the lowest most responsive and responsible bidder, which will be judged on the basis of price, conformance to specifications, quality, delivery time, references, payment terms, and in the best interest of the City of Olathe, all factors being considered.

The City reserves the right to accept or reject any or all bids or part of bids, to waive irregularities and technicalities, and to request rebids on the material described in the solicitation.

The City reserves the right to award the contract on a split-order basis, lump-sum or individual-item basis, or any other combination that is in the best interest of the City unless otherwise specified.

Conditional bids are subject to rejection in whole or in part at the sole discretion of the City.

No order or contract resulting from this solicitation may be assigned, transferred, or delegated to another party without written approval of the City’s Procurement Manager.

13. BRAND NAMES: If brand names, make, name of any manufacturer, trade name, or vendor catalog number are specified in these bid documents, it is for the purpose of establishing a grade or quality of material only. When the City does not wish to rule out other brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the bidder’s responsibility to identify such product in their bid and prove to the City that the product is equal to or better than the product specified. Unless otherwise indicated, evidence in the form of samples may be requested if the proposed brand is other than that specified by the City. Such samples are to be furnished as specified in the solicitation or upon request of the City. Any samples requested by the City must be received by the City no later than four (4) days after formal request is made.

14. VARIATIONS OF SPECIFICATIONS: For purposes of evaluation, bidder must indicate any variances from any provision, specification, or condition stated in this solicitation, no matter how slight. If bidder does not indicate any variations, it will be assumed that the product or service fully compiles with the provisions, specifications, or conditions as stated. If satisfactory bids are not received, the City reserves the right to consider alternate bids containing deviations from stated specifications.

15. QUALITY: Unless otherwise identified in the solicitation, all materials used in the manufacture or construction of supplies, materials or equipment covered by this solicitation shall be new. The items bid must be the latest make or model in current production, as offered to commercial trade, and of the highest quality material and workmanship. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.

16. ECO-FRIENDLY (GREEN) PRODUCTS: The City of Olathe supports the use of products that are ecologically friendly to the environment. Bidders are urged to include information with their bid submittal that describes the human health and environmental impact of products proposed. This eco-friendly approach takes into account, but is not limited to, waste production, energy and water use, greenhouse gas emissions, indoor air quality, recycled and reused content and packaging, and the presences of hazardous substances. Prime consideration will be given to these eco-friendly products when compared to mainstream products in cost and packaging.

17. MATERIAL SAFETY DATA SHEET (MSDS): It is mandatory for a manufacturer, supplier, or distributor of hazardous material to supply an MSDS as required by 29CFR 1910.1200 with the first shipment. Any time the content of an MSDS is revised, the vendor is required to provide a new MSDS to the City.

18. ACCEPTANCE OF MATERIAL: The material delivered under this bid shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and is accepted by the City. It must comply with the terms of this IFB, and fully comply with specifications, and be of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the contractor and return product to contractor at the contractor’s expense.

19. CODES AND REGULATIONS: All products supplied, and work performed, within the scope of this request shall be supplied by the successful bidder to all applicable current prevailing codes and regulations.

20. DELIVERY: Bidders must indicate the number of calendar days required to make delivery after receipt of a purchase order. Delivery time may be considered in making an award. The City reserves the right to cancel any order, or any part of that order, without obligation if delivery is not made within the time(s) specified on the bid form.

The City may grant additional time for delivery if the City is satisfied the delay is beyond the control of the vendor. Any request for time extension must be in writing and approved by the City’s authorized representative.

All deliveries are to be FOB Destination to the location listed on the purchase order or price agreement unless otherwise specified. Bidders may be requested to provide separate pricing for delivery of all items in this solicitation.

21. THIRD PARTY FREIGHT SERVICE: The City of Olathe may, at its discretion, use a third party freight service to arrange for delivery of the goods ordered as a result of this solicitation. In this case, the freight terms will be FOB Destination/Third Party Prepaid.

22. PRICE CHANGES ON CONTRACTS: If this solicitation is for an estimated quantity of supplies, consideration in awarding bid for yearly contracts will be given:

· First to bidder offering firm prices for full contract period; and

· Second to bidder offering firm prices subject to market price adjustment.

23. COPYRIGHT OR PATENT RIGHTS: By submitting the bid, bidder signifies that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of the bid, and bidder agrees to hold the City harmless from any and all liability, loss, or expense caused by any such violation.

24. CONFLICT OF INTEREST: The contractor, by signing the affidavit form in the solicitation or by acceptance of any purchase order resulting from this solicitation, certifies that to the best of their knowledge or belief, no elected or appointed official of the City is financially interested, directly or indirectly, in the purchase of the goods or services specified on this order or in the contract.

25. TAXES: The City of Olathe is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request; Kansas Tax Exempt No. KS6XLFHVA1, exp 10/01/2028.

26. MANUFACTURER’S CERTIFICATION: The City reserves the right to request from bidders a separate manufacturer certification of all statements made in the bid. Failure to provide any requested certification may result in rejection of bid or termination of contract for which the bidder must bear full liability.

27. PERSONNEL PRACTICES: Successful bidder must comply with K.S.A., 44-1030 et. seq. mandatory provisions of the Kansas Acts Against Discrimination as applied to state and local government contracts, which: (1) prohibits discrimination against any person in the performance of work under this contract because of race, religion, color, sex, national origin or ancestry; (2) requires solicitations or advertisements for employees to include the phrase “equal opportunity employer”; and (3) allows the City to terminate their contract for default if provisions of the act are violated.

Chapter 2.44 of the Olathe Municipal Code also prohibits discrimination against individuals in the performance of this contract as a matter of concern to the City, since such discrimination threatens not only the rights and privileges of the inhabitants of the City, but menaces the institutions and foundations of a free democratic state. The affirmative action program is designed to insure a good faith effort will be made to employ applicants and to treat employees during employment equally without regard to race, color, creed or religion, physical handicap, national origin or sex.

All bidders who are awarded a Class I Contract ($25,000 or more in aggregate) are required to complete a Questionnaire on Personnel Practices for the City of Olathe, 200 West Santa Fe, Olathe KS 66061, 913-971-6493. Form must be completed and approved by the City before contract for goods or services is in effect.

The City of Olathe actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e. citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The contractor shall establish appropriate procedures and controls so no services or products in response to this IFB will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

28. TERMINATION: Subject to the following provisions, any contract resulting from this solicitation may be terminated by either party upon thirty (30) days advance written notice to the other party; but if any work or service is in progress but not completed as of the date of termination, then said contract may be extended upon written approval of the City until said work or services are completed and accepted. Types of termination include:

1. Termination for Convenience

29. W-9 REQUIREMENT: The City of Olathe requires a Form W-9 (Request for Taxpayer Identification Number and Certification), updated annually, from all contractors that do business with the City of Olathe. The Form W-9 verifies the Tax Identification Number of the contractor so the City can correctly report to the IRS all funds paid to the contractor. A W-9 Form must be completed as a part of the vendor registration process on Bonfire. Form W-9 can also be found at http://www.irs.gov/pub/irs-pdf/fw9.pdf. Payment shall not be made to contractor without a current W-9 form being filed with the City of Olathe.

30. DEFAULT OF CONTRACT: In case of default by the contractor, the City may procure the items or services from other sources and hold the contractor responsible for any excess costs caused by such procurement. Failure of a bidder to furnish the equipment, supplies, material, and/or services as specified is cause for elimination of the bidder from the active bidder’s list for the products or services concerned.

31. BID BOND: If required in this solicitation, bidders shall include a bid guarantee in the form of a bid bond, certified check, or cahier’s check in the amount of five percent (5%) of the base bid, payable without condition to the City of Olathe. Personal or company checks are not acceptable. The bid bond shall be accompanied by a power of attorney showing the authority of the person executing the bond on behalf of the surety company. Failure to include a bid bond or bid guarantee request with your bid submittal may be cause for rejection of your bid. Bid guarantees (submitted by certified or cashier’s checks) will be returned to unsuccessful bidders when the successful bidder is determined, and the contract is executed.

32. PERFORMANCE BOND: At the discretion of the Procurement Manager, a performance bond may be required under the contract resulting from this solicitation. Such bond must be of a type and amount suitable for the nature of the commodity or services purchased and the dollar amount of the contract as indicated in this solicitation. The performance bond shall be for the duration of the contract, guaranteeing the faithful performance of the contract, and otherwise conditioned as required by law. Performance bond shall be accompanied by a power of attorney showing the authority of the person executing the bond on behalf of the surety company. Bond forms must be executed with a surety company licensed to do business in the State of Kansas. The cost of the bond shall be included in the bidder’s offer.

33. MODIFICATIONS FOR CHANGES: No agreement or understanding to modify this solicitation and resultant purchase orders or contract shall be binding upon the City unless made in writing by the Procurement Manager of the City of Olathe.

34. ORDER OF PRECEDENCE: In the event of an inconsistency between provisions of the solicitation, the inconsistency will be resolved in the following order: (a) the schedule; (b) Instructions to Bidders and General Conditions; (c) special provisions; (d) other provisions of the contract, whether incorporated by reference or otherwise; and (e) the specifications.

35. WARRANTY: Supplies or services furnished because of this solicitation shall be covered by the most favorable commercial warranties, expressed or implied, that the bidder and/or manufacturer gives to any customer. The rights and remedies provided herein are in addition to and do not limit any rights afforded to the City by any other clause of this bid. The City reserves the right to request from bidders a separate manufacturer certification of all statements made in the bid.

36. PURCHASING CARDS: The City of Olathe has implemented a procurement card program to streamline its purchasing process and to expedite payments to its suppliers. We encourage your acceptance of the City’s VISA P-card. Payments made to the successful bidder of this solicitation process will, if possible, be by use of a VISA Purchasing Card.

37. PAYMENT: Payment for materials or services received under this contract will be made upon completion of delivery for each purchase order and submission of invoice to the Accounts Payable Division, apolathe@olatheks.org or mail to PO Box 768, Olathe KS 66051-0768. Normal pay periods for the City is every other Friday.

38. GOVERNING LAW: Any agreement resulting from this solicitation shall be interpreted under and governed by the laws of the state of Kansas.

39. DEBARMENT AND SUSPENSION: Contractor hereby certifies they are not debarred, suspended or otherwise excluded from holding contracts involving federal funds, and is not listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

39. ESCALATION/DE-ESCALATION CLAUSE: In the event prevailing market conditions warrant an adjustment in contract pricing, the following escalation/de-escalation clause shall be the only clause acceptable to the City:

1. Contractor shall give written notice to the Procurement Manager of any proposed changes from contract prices not less than fifteen (15) calendar days prior to the effective date of price changes.

2. Such notice must be accompanied by a copy of the supplier’s notification to the contractor of a justifiable price change.

3. No price escalation will be authorized for more than the amount of the increase indicated on the supplier’s notice.

4. The approved price change shall be honored for all orders received by the contractor after the effective date of such price change.

5. Approved price changes are not applicable to orders already issued and in process at time of price change.

6. The City reserves the right to audit and/or examine any pertinent books, documents, papers, records, or invoice relating directly to the price increase after reasonable notice and during normal business hours.

7. The Procurement Manager retains the right to determine whether such proposed price changes are in the best interests of the City.

8. If in the opinion of the Procurement Manager any proposed increase is found unacceptable, the Procurement Manager reserves the right to cancel the contract upon fifteen (15) calendar days’ written notice.

9. Contractors must tie any price change clause to an industry-wide or otherwise nationally recognized index or some other form of verifiable document. Contractor will put the Procurement Manager on the mailing lists for such publications so the Procurement Manager can monitor said changes. Such membership will be at no cost to the City.

10. If parties to the contract cannot agree on renewal terms, it is understood that the contract will be cancelled, and a new contract will be solicited.

40. CERTIFICATE OF GOOD STANDING: All contractors awarded a contract in the amount of $25,000 or higher are required to submit a current Kansas Certificate of Good Standing to the City with a valid verification code, upon award of contract. The Certificate is issued by the Kansas Secretary of State’s Office and affirms that a business has complied with the applicable provisions of the laws of the state of Kansas, is in good standing, and authorized to transact business or to conduct affairs within this state. Access the Kansas Secretary of State website at http://www.sos.ks.gov/other/articles_of_formation.html for information. Kansas companies can file online. Foreign companies cannot yet file online. Foreign companies would need to complete and submit the FA, FL, FLLP, or LPF forms to receive the information needed to register with the Secretary of State then get a Certificate of Good Standing thereafter. You may call the Kansas Secretary of State office at 785-296-4564 if you have questions.

41. ADDITIONAL INFORMATION: Additional information may be obtained from the Procurement Division Office at

(913) 971-9005 or www.olatheks.org.

By signing below, I hereby acknowledge that I have reviewed, understand, and agree to be bound by all terms and conditions set forth above.

By: ___________________________________________________ Printed Name: _________________________________________

CITY OF OLATHE INSURANCE REQUIREMENTS

These requirements apply to the vendor or contractor (“Vendor”) entering into an Agreement with the City of Olathe (“City”).

A. Insurance. Secure and maintain for the term of the Agreement insurance of such types and in at least such amounts as set forth below from a Kansas authorized insurance company which carries a…