1-IFB-25-0112 - Horizontal Grinder.doc

CITY OF OLATHE, KS

IFB-25-0112

High Speed Horizontal Grinder

CITY OF OLATHE, KANSAS

PROCUREMENT DIVISION

CITY HALL

100 E. SANTA FE

OLATHE, KANSAS 66061

INVITATION FOR BID

High Speed Horizontal Grinder Date of Issuance: November 17, 2025 Bid Number: IFB-25-0112 Response Deadline Date: December 5, 2025 Time: 10:00 AM (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 November 24, 2025 Bids must be received electronically by the date and time indicated at https://olatheks.bonfirehub.com There will not be a public opening for this bid

FORMCHECKBOX

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

FORMCHECKBOX

Supplier is not submitting because

PART I

DESCRIPTION & SERVICES REQUIRED

INTENT

The intent of this Invitation for Bids is to purchase a high speed horizontal grinder, Doppstadt AK 640K or approved equivalent, for the Solid Wase Division of Infrastructure. A used or demo current model unit with less than 50 hours of operation will be considered. Vendor may submit more than one bid.

DELIVERABLES

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

Upon award the vendor must submit the following:

· Certificate of insurance

· Supplier Onboarding Packet

· Vendors awarded a contract of $25,000 or are required to submit a current Kansas Certificate of Good Standing.

All pricing must be entered online at https://olatheks.bonfirehub.com. Prices shall include delivery F.O.B. Destination. Failure to provide requested information may result in rejection of the bid.

ONLINE PORTAL

Does your company have an online portal or website that can be used for ordering parts or service?

Yes

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.

Comply:

Exception:

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

All items furnished under this Contract shall conform to the requirements of this Contract and shall be free from defects in design, materials and workmanship. The City requires a minimum one-year warranty on all products. If manufacturer’s warranty exceeds this warranty, then the manufacturer’s warranty shall be in effect. A copy of manufacturer’s warranty must be included with your submittal.

State Terms of the Warranty:

PRICING

It shall be unacceptable for any bidder to make the statement "see specifications" or to submit manufacturer's literature instead of listing all exceptions and additions in the specifications of this bid document.

Bidder proposes to furnish and deliver F.O.B. Olathe, Kansas, the items listed below. Enter your pricing directly on https://olatheks.bonfirehub.com. Be sure to include unit price, brand, and model number in each of the available fields for each item. Failure to provide any requested information may result in rejection of your bid.

CONTRACT

A sample contract is included with the downloadable documents. Please state any exceptions to the contract.

Exceptions:

INVOICING

All invoices submitted for payment must be itemized to include a detailed breakdown of all work, including department, name of person who placed call, location of work to be performed and work order number (if applicable). Invoices must not exceed original estimate unless prior authorization has been given by the department supervisor or their designee. The invoice must be sent 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 EQUIPMENT DELIVERY. Failure to submit invoices in a timely manner may result in payments being delayed.

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:

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.

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

TERMS & CONDITIONS

Any contract awarded pursuant to this bid shall be subject to the following Terms & Conditions in Section II. Any bid condition or conflicting Terms & Conditions may be rejected.

Exceptions:

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, past 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.

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 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.

DELIVERY AND LOCATION

Delivery shall be FOB Olathe, Kansas and shall be made to the Fleet Services facility, 1415 S. Robinson Dr., Olathe, KS 66061. Deliveries shall be made during normal business hours, 7:30 AM to 4:00 PM, Mon-Fri.

DISCOUNT ON EQUIPMENT PARTS AND SERVICE

Please quote your discount from price list for parts and services.

Discount

UNIT SPECIFICATIONS

DOPPSTADT AK 640K, or approved equivalent, high speed Horizontal grinder Comply:

Exception:

Used or demo machine acceptable- Shall be current model with less than 50 hours operation.

State Brand, Make, Model, Year, Hours:

FEED FLOOR: State design:

FEED-IN ROLLER: independently driven, reversible feed-in roller

Comply:

Exception:

Drum with carbide tipped hammers: Minimum 44” diameter drum with quickly replaceable hammers Comply:

Exception:

Hydraulically opening screen basket

Comply:

Exception:

Contaminant damage control system Describe:

One-man operation of all functions including tracking via a multichannel remote control.

Exception:

HYDRAULIC BELT TIGHTENER

Describe:

Electric pump that allows for control of the cylinder functions while the engine is not running Comply:

Exception:

MTU 6R 1500 DIESEL ENGINE, 644 HP or approved equivalent

• State horsepower and torque:

• Pumps to be powered by direct drive: Comply:

Exception:

• State operating decibels:

CONTROL PANEL SYSTEM

• Shall show engine, oil and water temperatures

• Shall show date, engine hours, daily operation hours, service intervals

•Shall keep memory stored from last operational setting

• Shall show engine and equipment fault codes

• Shall be able to Select automatic or manual mode for auxiliary circuits to start up

• Shall allow control of auxiliary hydraulic pumps

• Shall have Remote diagnostic feature

• Unit can send, receive and store information via telecommunication and GPS technology integrated with on-board computer

• Shall allow for remote panel access and diagnostic by factory trained technician, including full multichannel remote control system at 640K Comply:

Exception:

Unit shall have Engine Cooling Fan w/ reverse capability: Describe

Unit shall have Air Filtration: Describe:

Describe Exhaust System:

TELEMATIC MONITORING SYSTEM: Describe:

TRACKED MOBILITY

• Heavy-duty tracks: State brand:

•Track width: 20” minimum

Exception:

EXTENDED REAR CONVEYOR

• Shall be hydraulically foldable

• Shall have antimagnetic central part

• Shall lower to parallel with ground for ease of maintenance and accessibility to hammermill, tools, and screen basket Comply:

Exception:

MAGNETIC HEAD PULLEY AND CHUTE and/or crossbar magnet: Describe:

ADDITIONAL HYDRAULIC CONNECTION: To power an external component such as a stacking conveyor

Maintenance- Describe accessibility:

• Shall have centralized lubrication banks Describe:

• Shall Provide 3” and 6” screens

• State other options:

• Shall have aluminum maintenance ladder & toolbox

• Damping Facility- Describe:

Comply:

Exception:

VENDOR MUST PROVIDE:

Operator, Maintenance, and Parts manuals

Filters for first PM

Operator and Technician Training- State:

Comply:

Exception:

OPTIONS

• Dust and noise suppression hood- State and price as a separate line item

• Reinforced hopper walls - State and price as a separate line item

• LED lighting for interior compartment - State and price as a separate line item

Extended Warranties- List options and pricing;

Maintenance Software- List:

Are you a State or Local Service Provider?

INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS

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 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 https://olatheks.bonfirehub.com. It is the sole responsibility of the vendor to ensure the completeness of the documents received from any 3rd party source other than https://olatheks.bonfirehub.com.

2.

DEFINITIONS (AS USED HEREIN):

a.

The term "Invitation For Bid" means a solicitation of formal sealed bids with a combined or single unit value $100,000 and over. The acronym "IFB" means Invitation For Bid.

b.

The term “Quick Quote” means a solicitation of informal bids with a combined or single unit value between $10,000 - $99,999. The acronym “QQ” means Quick Quote.

b.

The term "bid" means the offer by the bidder.

c.

The term "bidder" means the person or organization responding to the solicitation.

d.

The term “contractor” means a person or organization who is the successful bidder and who enters into a contract with the City.

e.

The term "change order" means a written order from the Procurement Manager directing the contractor to make changes to a contract.

f.

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

g.

The term "City Council" means the governing body of the City of Olathe.

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 https://olatheks.bonfirehub.com.

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 https://olatheks.bonfirehub.com 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 bidder’s response 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.

6.

ACCEPTANCE OF OFFER: The submitted bid is considered 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.

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 Procurement Manager of the City.

12.

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 EQU 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 response 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.

13.

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 complies 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.

14.

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.

15.

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.

16.

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.

17.

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.

18.

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 because of the bid, and bidder agrees to hold the City harmless from all liability, loss, or expense caused by any such violation.

19.

CONFLICT OF INTEREST: The contractor, by signing the affidavit form in the solicitation or by accepting 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 in this order or in the contract.

20.

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.

21.

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.

22.

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 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 bidders who are awarded a Class I Contract ($25,000 or more in aggregate) are required to complete a Questionnaire on Personnel Practices. Form must be completed and approved by the FHEO before contract for goods or services is in effect. Approved vendors 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 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.

23.

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

In the event that the contract is terminated or cancelled upon request and for the convenience of the City, without the required thirty (30) days advance written notice, then the City shall negotiate reasonable termination costs, if applicable.

2.

Termination for Cause

Termination by the City for cause, default or negligence on the part of the contractor shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of termination for cause.

3.

Termination Due to Unavailability of Funds

When funds are not appropriated or otherwise made available to support continuation of performance, the contract shall be cancelled at the discretion of the City.

24. 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 https://olatheks.bonfirehub.com. 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.

25.

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.

26.

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.

27.

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.

28.

WARRANTY: Supplies or services furnished as a result 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.

29.

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 at all possible, be by use of a VISA Purchasing Card.

30.

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.

31.

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

32. 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 in excess of 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 or not 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.

33. 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.

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

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

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: Worker’s 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 will have 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 or proposal 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 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 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.

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)

FORMCHECKBOX

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)

FORMCHECKBOX

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.

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.

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: ____________

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