1-IFB-25-0086 LED Conversion Materials.pdf

INVITATION FOR BID

LED Conversion Materials

Date of Issuance: September 5, 2025 Bid Number: IFB-25-0086

Response Deadline Date: October 6, 2025 Time: 10:00 A.M. (CST)

Questions regarding this invitation should be directed to https://olatheks.bonfirehub.com/ The deadline for receipt of questions from bidders is close of business on October 2, 2025

Supplier is submitting a firm bid which is not revocable for ninety (90) days.

Supplier is not submitting because

Bidder’s Name: Phone No.:

Company Name: Fax No.:

Address: Email:

City, State, Zip:

https://olatheks.bonfirehub.com/

CITY OF OLATHE

IFB-25-0086 LED Conversion Materials

INTENT

The City of Olathe is seeking bids for the purchase of parts necessary to upgrade City-owned streetlights to LED technology. This project supports the City’s efforts to improve energy efficiency, reduce maintenance costs, and enhance public safety through modernized infrastructure. The upgrade is partially funded through an agreement with the Kansas Department of Transportation (KDOT), and all purchases made under this solicitation must comply with applicable funding requirements and specifications outlined in the solicitation document.

DELIVERABLES

Leotek LED Post Top

PTC-S-F-N-S-60J-MV-30K-2-110-BK-PCR7CR-OLPT

DELIVERY

691 N Lindenwood Dr.

Olathe KS, 66062 Delivery Time- Mon-Fri 7am to 3:00pm

RESPONSE DOCUMENTS

The following documents must be downloaded, completed, and uploaded to https://olatheks.bonfirehub.com/ to provide a complete bid response package:

• Affidavit signed and notarized.

• IFB document, all response fields completed.

• Warranty information

• Acknowledgement of Required Contract Provisions

INQUIRIES

Questions regarding this Invitation for Bid must be submitted to https://olatheks.bonfirehub.com/. The deadline for receipt of questions from bidders is 5:00 PM (CST) October 2, 2025. No further questions or clarifications will be provided after that date.

No communication regarding this IFB should be directed to any other City official or employee. All queries will be responded to https://olatheks.bonfirehub.com/ in the form of written addenda and posted.

Respondents shall include confirmation of the receipt of any addenda with their bids. Failure to do so could result in your bid being deemed non-responsive.

EVALUATION CRITERIA

The award will be made to the lowest most responsive and responsible bidder, which will be judged based on price, conformance to specifications, experience providing like work, proposed completion time, past vendor performance, quality of product, payment terms, references, and in the best interest of the City of Olathe, all factors being considered. The City reserves the right to award this bid in whole or in part.

MANUFACTURER’S CERTIFICATION

The City reserves the right to request from vendors a separate manufacturer certification of all statements made in the bid. Failure to provide such certification may result in the rejection of your bid or default termination of contract for which vendor must bear full liability.

STANDARD FEATURES

All equipment furnished under this contract shall be new, unused, and the manufacturer’s current production model. The omission of any standard feature description shall not relieve the bidder from the responsibility of furnishing equipment complete with all standard features of the manufacturer’s latest improved model in current production as offered to commercial trade. The equipment shall conform in strength, quality of material, and https://olatheks.bonfirehub.com/ workmanship to that provided by the best manufacturing and engineering practices of the industry. Machine modifications to meet operational requirements of this specification shall be limited to the manufacturer published standard and optional equipment. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, REMANUFACTURED, RECONDITIONED, OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.

DESCRIPTIVE LITERATURE

Bidder shall submit with your bid the latest printed literature, PDF or equal, and manufacturer’s specifications on the equipment you propose to furnish. This literature is for information purposes only. It does not relieve the bidders of the responsibility to respond to the specifications indicated herein.

WARRANTY

The City requires a minimum one-year warranty on all equipment. If the manufacturer’s warranty exceeds this warranty, then the manufacturer’s warranty shall be in effect. The warranty shall begin on the date the unit is determined to meet specifications and is accepted by the City. A copy of the manufacturer’s warranty must be included with your bid submittal. All warranty work shall be done locally. Failure to provide this information may result in the rejection of your bid.

Comply: Exception:

EXTENDED WARRANTIES

Bidders are required to include details and pricing on all available extended warranties with their bid submittal.

Comply: Exception:

CITY OF OLATHE INSURANCE REQUIREMENTS

A. Insurance. Consultant agrees to secure and maintain throughout the duration of this Agreement insurance of such types and in at least such amounts as set forth below from a Kansas authorized insurance company which carries a Best's Policyholder rating of "A-" or better and carries at least a Class "VII" financial rating or better, unless otherwise agreed to by City:

1. Commercial General Liability: City must be listed by ISO endorsement or its equivalent as an additional insured on a primary and noncontributory basis on any commercial general liability policy of insurance. The insurance must apply separately to each insured against whom claim is made or suit is brought, subject to the limits of liability.

Limits: Per Occurrence, including Personal & Advertising Injury and Products/Completed Operations: $1,000,000;

General Aggregate: $2,000,000.

2. Business Automobile Insurance: City must be listed by ISO endorsement or its equivalent as an additional insured on a primary and noncontributory basis on any automobile policy of insurance. The insurance must apply separately to each insured against whom claim is made or suit is brought, subject to the limits of liability.

Limits: Any Auto; OR All Owned Autos; Hired Autos; and Non-Owned Autos: Per occurrence, combined single limit:

$500,000 Notwithstanding the foregoing, if Consultant does not own any automobiles, then Consultant must maintain Hired and Non-Owned Auto insurance.

3. Worker's Compensation and Employer's Liability: Workers compensation insurance must protect Consultant against all claims under applicable state Worker's Compensation laws at the statutory limits, and employer's liability with the following limits.

Limits: $500,000 Each Accident/$500,000 Policy Limit/$500,000 Each Employee

4. Professional Liability: Consultant must maintain throughout the duration of this Agreement and for a period of three (3) years after the termination of this Agreement, Professional Liability Insurance.

Limits: Each Claim: $1,000,000; General Aggregate: $1,000,000

5. Cyber Insurance: If Consultant has access to the City's network or City's data, Consultant must maintain throughout the duration of this Agreement and for a period of three (3) years after the termination of this Agreement. Coverage must include Cyber Incident/Breach Response and Remediation Expenses, Digital Data

Recovery, Privacy and Network Security Liability, and Notification Expense. Limits: Per claim, each insuring agreement: $1,000,000; Aggregate: $1,000,000

B. Exposure Limits. The above are minimum acceptable coverage limits and do not infer or place a limit on the liability of Consultant nor has City assessed the risk that may be applicable to Consultant. Consultant must assess its own risks and if it deems appropriate and/or prudent maintain higher limits and/or broader coverage. The Consultant's insurance must be primary, and any insurance or self-insurance maintained by the City will not contribute to, or substitute for, the coverage maintained by Consultant.

C. Costs. The cost of insurance will be included in the Consultant’s bid and must be at Consultant's expense. All deductibles or self-insurance in the above-described coverages will be the responsibility and at the sole risk of the Consultant.

D. Verification of Coverage

1. Consultant must provide a certificate of insurance on ISO form or equivalent, listing the City as the certificate holder, and additional insured endorsements for the requested coverages.

2. Any self-insurance must be approved in advance by the City and specified on the certificate of insurance.

Additionally, when self-insured, the name, address, and telephone number of the claim's office must be noted on the certificate or attached in a separate document.

3. When any of the insurance coverages are required to remain in force after final payment, additional certificates with appropriate endorsements evidencing continuation of such coverage must be submitted along with the application for final payment.

4. For cyber insurance, the certificate of insurance confirming the required protection must confirm the required coverage in the "Additional Comments" section or provide a copy of the declarations page confirming the details of the cyber insurance policy.

E. Cancellation. No required coverage may be suspended, voided, or canceled, except after Consultant has provided thirty (30) days' advance written notice to the City.

F. Subconsultant's Insurance: If a part of this Agreement is to be sublet, Consultant must either cover all subconsultants under its insurance policies; OR require each subconsultant not so covered to meet the standards stated herein.

ATTACHMENTS

Exhibit #

A Vendor Response Form

B City of Olathe Terms and Conditions

C Required Contract Provisions (KDOT)

D Insurance Requirements

E Affidavit

F Sample Contract

EXHIBIT A

Vendor Response Form

Proposer Information:

Legal Name of Company: _______________________________________________________________________________________

Doing Business As (if different): _________________________________________________________________________________

Federal Tax ID Number: ________________________________________________________________________________________

UEI # (Unique Entity Identifier, formerly DUNS): ___________________________________________________________________

Address: ______________________________________________________________________________________________________

City, State, Zip Code: __________________________________________________________________________________________

Contract Person: ______________________________________________________________________________________________

Title: __________________________________________________________________________________________________________

Phone number: ________________________________________________________________________________________________

Email address: ________________________________________________________________________________________________

Website: ______________________________________________________________________________________________________

Company Structure and Experience:

Type of Legal Entity (Check one):

[ ] Corporation [ ] Limited Liability Company (LLC) [ ] Partnership [ ] Sole Proprietorship [ ] Other (Specify): ____________________________________________________

State of Formation/Incorporation: _________________________________________

Date Company Established (MM/DD/YYYY): ________________________________

Acknowledgement & Certifications:

1. Acknowledgement of Addenda: The undersigned Proposer acknowledges receipt of the following Addenda to this Request for Qualifications:

Addendum No. ______ Dated: ____________

Addendum No. ______ Dated: ____________

Addendum No. ______ Dated: ____________

(If no Addenda have been issued, please state "None". If more space is needed, please attach a separate sheet.)

2. General Certification: I hereby certify that the above information is true and correct to the best of my knowledge. I also certify that I hold the authority to contract with the City of Olathe/Olathe Housing Authority and that this Statement of Qualifications, including all required forms and attachments, is submitted in full understanding and acceptance of all terms, conditions, and requirements set forth in this Request for Qualifications.

Firm Name: ____________________________________________________

Authorized Representative Name (Printed): _________________________

Authorized Representative Signature: _____________________________

Title: ________________________________________________________

Date: ________________________________________________________

EXHIBIT B

INSTRUCTIONS TO RESPONDENTS AND GENERAL TERMS AND CONDITIONS

1. SCOPE: The instructions to respondents and general conditions apply to transactions for material, equipment, supplies or services with an estimated single or combined cost over $100,000.00. These conditions shall be in force unless otherwise modified by the City in this document. Respondents shall be advised that the City of Olathe is not responsible for the content of any IFB package received through any 3rd party bid service other thanhttps://olatheks.bonfirehub.com/. It is the sole responsibility of the respondents to ensure the completeness of the documents received from any 3rd party source other thanhttps://olatheks.bonfirehub.com/.

2. DEFINITIONS (AS USED HEREIN):

A. The term "Request for Proposals" means a solicitation of proposals. The acronym "IFB" means Request for Proposals.

B. The term "respondents”, “supplier", “Contractor” or “respondent” means the person or organization responding to the Request for Proposals.

C. The term “Contractor/Respondent” means a person or organization who is the successful respondents and who enters into a contract with the City.

D. The term “change order” means a written order from the Procurement Manager directing the respondents to make changes to a contract.

E. The term "City" means the City of Olathe, Kansas.

F. The term “City Council” means the governing body of the City of Olathe.

3. SUBMISSION AND RECEIPT OF PROPOSALS: Proposals shall be submitted in accordance with the specific instructions contained in the IFB document. Proposals must be received prior to the specified time of closing as designated in the IFB. All references to time shall be Olathe, Kansas time. Late proposals will be rejected.

All proposals will be held in confidence until a contract recommendation has been made or all proposals are rejected. All materials submitted in response to this IFB will become the property of the City and may be returned only at the City’s option and at the respondent’s expense.

Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, samples will be returned at the respondent's expense unless otherwise specified in the IFB. Failure to follow these procedures may be cause for rejection of proposal.

4. IFB 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 IFB document after the closing of the proposal. Failure to respond to the entire proposal may result in declaring the proposal as non-responsive and the proposal may be rejected.

Telephone, fax, e-mail, or verbal alterations of a proposal will not be accepted. A proposal that is in the possession of the Procurement Division may be altered only by submission of an alternate sealed proposal signed by the person authorized for responding, provided it is received prior to the time and date of closing.

Proposals may not be withdrawn after the IFB closing time and date if a proposal mistake is based upon an error in judgment. If a nonjudgmental mistake, such as a math error, is suspected by the City or the respondent, the respondent shall request within two (2) business days of the IFB closing for the City to consider verification of the mistake. Once a proposal has been verified, it shall be considered submitted as verified.

5. ACCEPTANCE OF OFFER: Proposals submitted shall be considered an offer on the part of the respondents;

such offer shall be deemed accepted upon issuance by the City of a Purchase Order, Price Agreement, or other contractual document.

6. PRICING: Bidder proposes to furnish and deliver items ordered from this bid F.O.B. Olathe, Kansas. Pricing shall include all travel, shipping, freight, surcharges, and handling costs. Bidder signifies that they have read all bid documents and are providing detailed, expressed warranties with this bid. It shall be unacceptable for any bidder to make the statement "see specifications" instead of listing all exceptions and additions in the specifications of this bid document. Bidders shall enter unit pricing on https://olatheks.bonfirehub.com/ where indicated. Failure to provide any requested information may result in rejection of your bid.

7. FIRM PRICES: The respondents warrant that prices, terms, and conditions quoted in their proposal will be firm for acceptance for a period of not less than ninety (90) days from the closing date unless otherwise specified in the IFB. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed over a period of time.

8. F.O.B. OLATHE, KANSAS: Unless otherwise specified in the IFB, all prices quoted by the respondents must be

F.O.B. Olathe, Kansas with all delivery, handling, surcharges, and other charges included in the proposed price.

Failure to do so may cause rejection of proposal.

9. 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.

10. DISCOUNTS: Cash discounts will be considered in determining the award. Unless otherwise specified in the

IFB, discounts offering 10 days or more will be taken by the City's Accounts Payable Division with payment being made on the nearest pay period subsequent to receipt, inspection, and acceptance of articles, and receipt of correct invoice(s).

11. VARIATIONS OF SPECIFICATIONS: For purposes of evaluation, respondents must indicate any variances from stated specifications or requirements, terms or conditions, no matter how slight. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with the City's specifications.

In the event that satisfactory proposals are not received, the City reserves the right to consider alternate proposals containing deviations from stated specifications as non-responsible.

12. QUALITY: Unless otherwise specified in the IFB, all materials used in the manufacture or construction of supplies, materials, or equipment covered by this IFB shall be new, of the latest make or model, the best quality, and highest-grade workmanship currently available.

13. ACCEPTANCE OF MATERIAL: The material delivered under this proposal shall remain the property of the respondents until a physical inspection and actual usage of this material and/or service is made, and thereafter is accepted to the satisfaction of the City. It must comply with the terms herein, and fully comply with the specifications. 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 respondents and return product to respondents at the respondent’s expense.

14. DELIVERY: Respondents shall indicate the number of days required to make delivery and provide installation or to complete service after receipt of a purchase order or contract. Delivery time may be considered in making an award.

15. COPYRIGHT OR PATENT RIGHTS: Respondents warrants 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 proposal and respondents agrees to hold the City harmless from any and all liability, loss or expense occasioned by any such violation.

16. TAXES: The City of Olathe is exempt from any taxes imposed by the State and Federal Government. Exemption certificates will be provided upon request; Kansas Tax Exempt No. KS6XLFHVA1, Exp. 10/01/2020.

17. CITY ORDINANCE #3.50.140 - LOCAL PREFERENCE STANDARDS: For supplies, materials, and equipment acquired through bids, where an award is to be made to the lowest responsive and responsible bidder, a bid from a local business may be selected over the lowest responsive and responsible bid only if:

A. The bid from the local business is responsive and responsible;

B. The quality, suitability, and usability of the supplies, materials, and/or equipment are equal to that of the lowest responsible bidder; and

C. The amount of the bid of the local business does not vary more than two percent (2%) and does not exceed Five Thousand Dollars ($5,000) above the amount of the lowest responsible bid. Such a variance shall be calculated based on the total contract price.

The local preference described in this Section shall not apply to bids in which federal funds or other governmental funds are used when the use of such funds prohibits the application of local preference policies.

18. PERSONNEL PRACTICES: Respondents 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) precludes discrimination against any person in the performance of work under this contract because of race, religion, color, sex, national origin or ancestry; (2) require solicitations or advertisements for employees 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 ensure 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 respondents who are awarded a Class I Contract ($10,000 or more in aggregate) are required to complete a Questionnaire on Personnel Practices for the City’s Office of Fair Housing and Equal Opportunity, 200 West Santa Fe, Olathe KS 66061, 913-971-6493. Form must be completed and approved by the FHEO before contract for goods or services is in effect. Approved respondents will be issued a certification number by FHEO. Certification must be renewed annually.

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 respondents 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.

19. W-9 REQUIREMENT: The City of Olathe requires a Form W-9 (Request for Taxpayer Identification Number and Certification), updated annually, from all respondents that do business with the City of Olathe. The Form W-9 verifies the Tax Identification Number of the respondents so the City can correctly report to the IRS all funds paid to the respondents. A W-9 Form must be completed as a part of the respondent’s registration process on app.Negometrix.com. Form W-9 can also be found at http://www.irs.gov/pub/irs-pdf/fw9.pdf. No payment shall be made to respondents without a current W-9 form being filed with the City of Olathe.

20. 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 http://app.negometrix.com/ http://www.irs.gov/pub/irs-pdf/fw9.pdf

VISA P-card. Payments made to the successful respondent of this solicitation process will, if at all possible, be by use of a VISA Purchasing Card.

21. 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.

22. INVOICING All invoices submitted for payment must be itemized to include a detailed breakdown of all items, name of person who placed order, location of work to be performed and work order number and equipment unit number. Invoices must not exceed original estimate unless prior authorization has been given by the department supervisor or their designee. The invoice shall be mailed to the attention of Accounts Payable, PO Box 768, Olathe KS 66051-0768 or emailed to: apolathe@olatheks.org

INVOICES MUST BE SUBMITTED TO APOLATHE@OLATHEKS.ORG WITHIN 30 DAYS OF COMPLETED WORK.

Failure to submit invoices in a timely manner may result in payments being delayed.

23. PAYMENT TERMS: The City of Olathe will only accept payment terms of Net 30 days.

Will your company accept the City’s VISA P-Card for payment without additional cost? Yes No:

24. COOPERATIVE PURCHASING BY OTHER INSTITUTIONS UNDER THIS CONTRACT: If the City of Olathe awarded you the proposed Contract, you hereby agree to sell, under the prices and terms of this Contract, to any Municipal, County, Public Utility, Hospital, or Educational Institution located within the Greater Kansas City Metropolitan Trade Area? (All deliveries are to be F.O.B. Destination and there shall be no obligations on the part of any member of such chapter to utilize this Contract).

(Check One) Yes No Minimum order if, applicable $ Pricing for cooperative purchases will remain in effect through

25. INDEMNITY: 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 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 City and its 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 Consultant or its subcontractors.

Comply: Exception:

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

27. 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:

A. Respondents 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.

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

C. No price escalation will be authorized in excess of the amount of the increase indicated on the supplier’s notice.

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

mailto:apolathe@olatheks.org mailto:apolathe@olatheks.org mailto:APOLATHE@OLATHEKS.ORG

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

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

G. The Procurement Manager retains the right to determine whether or not such proposed price changes are in the best interests of the City.

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

I. Respondents must tie any price change clause to an industry-wide or otherwise nationally recognized index or some other form of verifiable document. Respondents 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.

J. 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.

28. 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: _________________________________________

Title: _________________________________________________

Firm Name: ___________________________________________

Address: ______________________________________________ http://www.olatheks.org/

EXHIBIT C

EXHIBIT D

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 Best’s Policyholder rating of “A-” or better and carries at least a Class “VII” financial rating or better, unless otherwise agreed to by City:

1. Commercial General Liability: City must be listed by ISO endorsement or its equivalent as an additional insured on a primary and noncontributory basis on any commercial general liability policy of insurance. The insurance must apply separately to each insured against whom claim is made or suit is brought, subject to the limits of liability.

Limits: Per Occurrence, including Personal & Advertising Injury and Products/Completed

Operations: $1,000,000; General Aggregate: $2,000,000.

2. Business Auto Insurance: City must be listed by ISO endorsement or its equivalent as an additional insured on a primary and noncontributory basis on any automobile policy of insurance. Insurance must apply separately to each insured against whom claim is made or suit is brought, subject to liability limits.

Limits: All Owned Autos; Hired Autos; and Non-Owned Autos: Per occurrence, combined single limit:

$500,000.

Notwithstanding the foregoing, if Vendor does not own any automobiles, then Vendor must maintain

Hired and Non-Owned Auto insurance.

3. Worker's Compensation and Employer’s Liability: Workers compensation insurance must protect Vendor against all claims under applicable state Worker's Compensation laws at the statutory limits, and employer’s liability with the following limits.

Limits: $500,000 Each Accident/$500,000 Policy Limit/$500,000 Each Employee

4. Professional Liability (if applicable): Unless excused by the Agreement with the City, Vendor must maintain for the term of this Agreement and for a period of three (3) years after the termination of this Agreement, Professional Liability Insurance.

Limits: Each Claim: $1,000,000; General Aggregate: $1,000,000.

5. Cyber Insurance (if applicable): IF accessing the City’s network or City’s data, THEN maintain the following coverages throughout for the term of this Agreement and for a period of three (3) years after the termination of this Agreement: Cyber Incident/Breach Response and Remediation

Expenses, Digital Data Recovery, Privacy and Network Security Liability, and Notification Expense.

Limits: Per claim, each insuring agreement: $1,000,000; Aggregate: $1,000,000.

B. Exposure Limits. Above are minimum acceptable coverage limits and do not imply or place a liability limit nor imply that the City has assessed the risk that may be applicable to Vendor. Vendor must assess its own risks and if it deems appropriate and/or prudent maintain higher limits and/or broader coverage. The Vendor’s insurance must be primary, and any insurance or self-insurance maintained by the City will not contribute to, or substitute for, the coverage maintained by Vendor.

C. Costs. Insurance costs must be at Vendor’s expense and accounted for in Vendor’s bid or proposal.

Any deductibles or self-insurance in the above-described coverages will be the responsibility and at the sole risk of the Vendor.

D. Verification of Coverage

1. Must provide certificate of insurance on ISO form or equivalent including all requirements listed herein. City uses the myCOI platform for submission and review of certificates of insurance and related documentation. Vendor must provide any information needed to register on the platform and submit certificates of insurance and related documentation through the platform.

2. Any self-insurance must be approved in advance by the City and specified on the certificate of insurance. Additionally, when self-insured, the name, address, and telephone number of the claim’s office must be noted on the certificate or attached in a separate document.

3. When any of the insurance coverages are required to remain in force after final payment, additional certificates with appropriate endorsements evidencing continuation of such coverage must be submitted along with the application for final payment.

4. For cyber insurance, the certificate of insurance confirming the required protection must confirm the required coverages in the “Additional Comments” section or provide a copy of the declarations page confirming the details of the cyber insurance policy.

E. Cancellation. No required coverage may be suspended, voided, or canceled, except after

Vendor has provided thirty (30) days' advance written notice to the City.

F. Subcontractor's Insurance: If a part of this Agreement is to be sublet, Vendor must either cover all subcontractors under its insurance policies; OR require each subcontractor not so covered to meet the standards stated herein.

EXHIBIT E

AFFIDAVIT

STATE OF )

) SS.

COUNTY OF )

of the City of , (Name of Individual)

County of , State of ,being duly sworn on her or his oath, states;

1. That I am the (Title) of (Firm Name), and have been authorized by said firm to make this affidavit on its behalf;

2. (Check the box the applies) No officer, agent or employee of the City of Olathe, Kansas is financially interested, directly or indirectly, in what firm is offering to sell to the City pursuant to any solicitation issued by the City of Olathe;

OR

The following officer(s), agent(s), or employee(s) of the City of Olathe would be financially interested in or receive a benefit from the profit or payments of any contract, job work, or service provided to the City of Olathe: (list all such officers, agents, or City employees on a separate sheet);

3. (Check the box that applies)

If firm were awarded any contract, job work, or service for the City of Olathe, Kansas, no officer, agent or employee of the City would be financially interested in or receive any benefit from the profit or payments of such;

OR

The following officer(s), agent(s), or employee(s) of the City of Olathe would be financially interested in or receive a benefit from the profit or payments of any contract, job work, or service provided to the City of Olathe: (list all such officers, agents, or City employees on a separate sheet);

4. Firm has not participated in collusion or committed any act in restraint of trade, directly or indirectly, which bears upon anyone's response or lack of response any solicitation issued by the City of Olathe.

(Firm Name) Federal Tax ID

By: (Signature) Subscribed and sworn before me this day of

(Printed Name) 20

(Title)

Mailing Address NOTARY PUBLIC in and for the County of

City, State, Zip Code State of

Phone Fax My commission expires:

Email SEAL

IMPORTANT NOTE: All bid submittals must include a completed, NOTARIZED affidavit form. Failure to do so can result in the rejection of your bid. Scan the completed, notarized affidavit and upload with your bid submittal.

EXHIBIT F

Sample of City of Olathe Standard Agreement

CITY OF OLATHE PRICE AGREEMENT

THIS AGREEMENT is made in Johnson County, Kansas, by and between the City of Olathe, Kansas, hereinafter "City," and __________ (INSERT LEGAL NAME OF VENDOR), hereinafter "Vendor" (each individually a “Party” and collectively, the “Parties”). City needs ___________ (INSERT BRIEF DESCRIPTION OF WORK/SERVICES/GOODS), and contracts with Vendor to supply the goods or services described in Exhibit A, as needed and as requested by City.

1. PRICE AGREEMENT, ORDERS, AND TERM. City agrees to pay Vendor at the prices listed in Exhibit A to supply the goods or services described in Exhibit A, as needed and as requested by City. City will have no financial obligation under this Agreement until an order has been placed. [The total amount authorized for payment for all orders placed under this agreement is $_____. Any order placed under this Agreement beyond the total amount authorized by this Agreement remains subject to any applicable procurement policies of City, including approval by the appropriate authority based on the dollar amount of the order.] (or) [Any order placed under this Agreement remains subject to any applicable procurement policies of City, including approval by the appropriate authority based on the dollar amount of the order.] Any order placed pursuant to this Agreement is subject to all terms and provisions of this Agreement. This contract will be a (one to five) (1-5)-year contract. (or) This contract will be a one (1)-year contract with the option to renew for up to (max 5) additional one (1)-year periods upon the written agreement of both parties.

2. COOPERATIVE PROCUREMENT (REMOVE THIS PARAGRAPH IF NOT COOPERATIVE PROCUREMENT). This Agreement is being made based on the cooperative procurement allowed under ______________________ (IDENTIFY CONTRACT/#) (“Procurement Contract”) between Vendor and _____________ (INSERT JURISDICTION OF MASTER CONTRACT). All terms and provisions of the Procurement Contract are incorporated by reference into this Agreement, to the extent such terms and conditions do not conflict with the terms and provisions of this Agreement. To the extent the terms and provisions of the Procurement Contract conflict with the terms and conditions of this Agreement, the terms and conditions of this Agreement will control.

3. ADDITIONAL SERVICES. Vendor may provide services in addition to those listed Exhibit A when authorized in writing by City.

4. BILLING. Vendor may bill City monthly for all completed work and reimbursable expenses. Vendor must submit a bill which itemizes the work and reimbursable expenses. City agrees to pay Vendor within thirty (30) days of approval by the Governing Body or other agent of City in accordance with the City’s Procurement Policy. The bill must be mailed to the attention of Account Payable, City of Olathe, PO Box 768, Olathe, KS 66051-0768 or emailed to apolathe@olatheks.org. The bill must indicate it is for work or expenses under this Agreement (include Agreement date for identification).

5. PAYMENT. If City becomes credibly informed that any representations of Vendor provided in its billing are wholly or partially inaccurate, City may withhold payment of sums then or in the future due to Vendor until the inaccuracy and the cause thereof is corrected to City's reasonable satisfaction.

6. STANDARD OF CARE. Vendor will exercise the same degree of care, skill, and diligence in the performance of the work as is ordinarily possessed and exercised by a professional under similar circumstances. If Vendor fails to meet the foregoing standard, Vendor will perform at its own cost, and without reimbursement, any work necessary to correct errors and omissions which are caused by Vendor’s negligence.

7. TERMINATION FOR CONVENIENCE. City may terminate this Agreement for convenience by providing fifteen (15) days’ written notice to Vendor. City will compensate Vendor for all work completed and accepted and reimbursable expenses incurred to the date of its receipt of the termination notice. Compensation will not include anticipatory profit or consequential damages, neither of which will be allowed.

8. TERMINATION FOR LACK OF FUNDS. If, for whatever reason, adequate funding is not made available by City to support or justify continuation of the level of work to be provided by Vendor under this Agreement, City may terminate or reduce the amount of work to be provided by Vendor under this Agreement. In such event, City will notify Vendor in writing at least thirty (30) days in advance of such termination or reduction of work for lack of funds.

9. DISPUTE RESOLUTION. The Parties agree that disputes regarding the work will first be addressed by negotiations between the Parties. If negotiations fail to resolve the dispute, the Party initiating the claim that is the basis for the dispute may take such steps as it deems necessary to protect its interests. Notwithstanding any such dispute, Vendor will proceed with undisputed work as if no dispute existed, and City will continue to pay for Vendor’s completed undisputed work. No dispute will be submitted to arbitration without both Parties’ written approval.

10. SUBCONTRACTING. Vendor may not subcontract or assign any of the work to be performed under this Agreement without first obtaining the written approval of City. Unless stated in the written approval to an assignment, no assignment will release or discharge Vendor from any obligation under this Agreement. Any person or entity providing subcontracted work under this Agreement must comply with Section 11 (Insurance).

11. OWNERSHIP OF DOCUMENTS. All final documents provided to City as part of the work provided under this Agreement, including but not limited to reports, plans, and related documents, will become City’s property except that Vendor’s copyrighted documents will remain owned by Vendor. Such documents must be clearly marked and identified as copyrighted by Vendor.

12. INSURANCE. Vendor and any subcontractor will maintain for the term of this Agreement insurance as provided in Exhibit B. Vendor will provide certificates of insurance and renewals thereof on forms acceptable to City and in the manner specified in Exhibit B.

13. INDEMNIFICATION AND HOLD HARMLESS. For purposes of this Agreement, subject to the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., Vendor agrees to indemnify, defend, and hold harmless City, its officers, appointees, employees, and agents from any and all loss, damage, liability or expense, of any nature whatsoever caused or incurred as a result of the negligence or other actionable fault of Vendor, its affiliates, subsidiaries, employees, agents, assignees, and subcontractors and their respective employees and agents. Vendor is not required hereunder to defend City, its officers, appointees, employees, or agents from assertions that they were negligent, nor to indemnify and hold them harmless from liability based on City’s negligence. City does not indemnify Vendor.

14. LIMITATION OF LIABILITY FOR BREACH OF CONTRACT OR NEGLIGENT PERFORMANCE. Any attempt to limit liability for breach of contract or negligent performance to the amount of the payment to Vendor by City is void. Any attempt to limit Vendor’s liability to City for consequential, exemplary, or punitive damages, or any other measure of damages permitted by law, in any action against Vendor for breach of contract is void.

15. KANSAS ACT AGAINST DISCRIMINATION. Unless Vendor employs fewer than four (4) employees during the term of this Agreement, or unless the total of all agreements (including this Agreement) between Vendor and City during a calendar year are cumulatively less than $5,000, then during the performance of this Agreement, Vendor agrees that:

a. Vendor will observe the provisions of the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and will not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability, national origin, or ancestry;

b. in all solicitations or advertisements for employees, Vendor will include the phrase, "equal opportunity employer," or a similar phrase to be approved by the Kansas Human Rights Commission (“commission”);

c. if Vendor fails to comply with the way Vendor reports to the commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, Vendor will be deemed to have breached the present contract and it may be canceled, terminated, or suspended, in whole or in part, by City without penalty;

d. if Vendor is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the commission which has become final, Vendor will be deemed to have breached the present contract and it may be canceled, terminated, or suspended, in whole or in part, by the contracting agency; and

e. Vendor will include the provisions of subsections a. through d. in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor.

16. KANSAS OPEN RECORDS ACT. Vendor acknowledges that City is subject to the Kansas Open Records Act (K.S.A. 45-215, et seq.). City retains the final authority to determine whether it must disclose any document or other record under the Kansas Open Records Act and the manner in which such document or other record should be disclosed.

17. ENTIRE AGREEMENT. This Agreement, including all documents and exhibits included by reference herein, constitutes the entire Agreement between the Parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. This Agreement may not be modified or amended except in writing mutually agreed to by both Parties. No form or document provided by Vendor after execution of this Agreement will modify this Agreement, even if signed by both Parties, unless it: 1) identifies the specific section number and section title of this Agreement that is being modified and 2) indicates the specific changes being made to the language contained in this Agreement.

18. NO THIRD-PARTY BENEFICIARIES. Nothing contained herein will create a contractual relationship with, or any rights in favor of, any Third Party.

19. INDEPENDENT CONTRACTOR STATUS. Vendor is an independent contractor and not an agent or employee of City.

20. COMPLIANCE WITH LAWS. Vendor will abide by all applicable federal, state, and local laws, ordinances, and regulations.

21. FORCE MAJEURE CLAUSE. Neither Party will be considered in default under this Contract because of any delays in performance of obligations hereunder due to causes beyond the control and without fault or negligence on the part of the delayed Party, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, tornado, epidemic, quarantine restrictions, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the delayed Party must notify the other Party in writing of the cause of delay and its probable extent within ten (10) days from the beginning of such delay. Such notification will not be the basis for a claim for additional compensation. The delayed Party must make all reasonable efforts to remove or eliminate the cause of delay and must, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement.

22. APPLICABLE LAW, JURISDICTION, VENUE. Interpretation of this Agreement and disputes arising out of or related to this Agreement will be subject to and governed by the laws of the State of Kansas, excluding Kansas’ choice-of-law principles. Jurisdiction and venue for any suit arising out of or related to this Agreement will be in the District Court of Johnson County, Kansas.

23. SEVERABILITY. If any provision of this Agreement is determined to be void, invalid, unenforceable, or illegal for whatever reason, such provision(s) will be null and void; provided, however, that the remaining provisions of this Agreement will be unaffected and will continue to be valid and enforceable.

24. ORDER OF PRECEDENCE. If there is any conflict between the terms of this Agreement, excluding exhibits, and anything contained in the exhibits referenced herein or attached hereto, the terms and provisions of this Agreement, excluding exhibits, shall control.

25. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.