City of Olathe Debris Management Services

RFP-25-0070

Procurement Division

PO Box 768 Olathe, KS 66051-0768

REQUEST FOR PROPOSALS

FOR

DEBRIS MONITORING SERVICES

DATE OF ISSUE: NOVEMBER 17, 2025 BID NUMBER: RFP-25-0070

Proposals must be received online at Bonfire no later than:

January 5, 2026 at 10:00 AM (CST)

Questions concerning this RFP shall be directed to Bonfire no later than:

December 29, 2025 at 3:00 PM (CST) Questions will be addressed via addendum on to Bonfire.

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

1. SCOPE OF WORK

The City of Olathe is requesting proposals from qualified firms to provide Disaster Debris Monitoring Services. The City of Olathe requires disaster management, recovery, and consulting services to support the oversight and management of debris recovery and removal contractors. Other services include, but are not limited to, facilitating communication with FEMA, the State of Kansas and other regional, local and federal agencies. It is the intent of this Request for Proposal (RFP) to obtain fixed price proposals from firms specializing in Storm Debris Monitoring Services. The intent is to execute a pre-event contract, which would result in no immediate cost to the CITY and would be in effect for a period of three years with the option of additional contract periods.

The successful contractor shall provide all labor, materials and equipment required to complete the work. Federal Emergency Management Agency (FEMA) financial assistance will be used to fund the contract. Contractor will be required to be familiar with current applicable Federal, State, County, and Municipal laws, regulations, statutes, ordinances, executive orders, and directives including, but not limited to, the following: Federal Emergency Management Agency (FEMA), U.S. Environmental Protection Agency (USEPA), Resource Conservation and Recovery Act (RCRA), and Occupational Safety and Health Administration (OSHA).

2. BACKGROUND

The City of Olathe was founded in 1857. It sits in the center of Johnson County, Kansas and is the County seat. Olathe is the fifth most populous city in the state and the fourth largest city in the Kansas City Metropolitan Area with a population of 141,026 as of December 2018. It is the crossroads of several major highways including I-35 (which divides the City), K-10 and K-7. Olathe is home to two large public lakes, Lake Olathe and Cedar Lake, and smaller lakes at Waterworks Park and Southlake Park. Three major creeks—Mill Creek, Indian Creek, and Coffee Creek—are included within the boundaries of the City. There are 71 miles of streams and 560 acres of lakes and ponds in the City. The City is traversed by I-35 which bisects the community and two rail lines on the east and west. Natural gas and petroleum pipelines cross the eastern areas of the City. The City also has a number of historical sites.

City of Olathe is vulnerable to a wide range of hazards that threaten its communities, businesses and environment. To determine the hazards that pose the greatest threat, City of Olathe has prepared a Hazard Identification and Vulnerability Assessment.

High - High probability of occurrence; at least 50 percent or more of population at risk from hazard; significant to catastrophic physical impacts to buildings and infrastructure; major loss or potential loss of functionality to all essential facilities (hospital, police, fire, EOC and shelters).

Moderate - Less than 50 percent of population at risk from hazard; moderate physical impacts to buildings and infrastructure; moderate potential for loss of functionality to essential facilities.

Low - Low probability of occurrence or low threat to population; minor physical impacts. Hazard Profile Summary for Emergency Operation Plan

Hazard Probability Magnitude Warning Time

Duration CPRI Planning Significance

Tornado 4 4 4 1 3.7 High Flood 4 3 3 4 3.55 High Winter Storm 4 3 1 3 3.15 High Major Disease Outbreak

3 4 1 4 3.1 High

Windstorm 4 2 3 2 3.05 High Drought 4 2 1 4 2.95 Moderate

Hazardous Materials 4 1 4 2 2.9 Moderate Wildfire 4 1 4 2 2.9 Moderate Utility/Infrastructure Failure

3 2 4 3 2.85 Moderate

Lightning 4 2 2 1 2.8 Moderate Civil Disorder 2 4 4 1 2.8 Moderate Terrorism/Agro-terrorism

1 4 4 4 2.65 Moderate

Agricultural Infestation

4 1 1 4 2.65 Moderate

Hailstorm 4 1 2 1 2.5 Moderate Extreme Temperatures

3 2 1 4 2.5 Moderate

Radiological 1 3 4 3 2.25 Moderate Expansive Soils 3 1 1 4 2.2 Moderate Dam and Levee Failure

1 3 2 3 1.95 Low

Landslide 1 2 4 1 1.75 Low Soil Erosion and Dust 2 1 1 4 1.75 Low Earthquake 1 2 4 1 1.75 Low Land Subsidence 1 1 4 1 1.45 Low

Formula: (Probability x .45) + (Magnitude x .30) + (Warning Time x .15) + (Duration x .10) = CPRI

4-Likely 4 - Catastrophic 4 - < 6 Hours 4 - > 1 Week 1-Unlikely 1 – Negligible 1- > 24+ Hours 1 - < 6 Hours

3. PROJECT OVERVIEW

The City of Olathe is vulnerable to:

• Natural disasters such as tornadoes and flooding; and,

• Manmade disasters such as railroad related incidents that may result in oil spills, hazardous material spills or releases, etc.

Disasters most often produce substantial volumes of debris, creating hazardous conditions to the public health, welfare and safety, which result in disruption of essential physical and economic life of the community. These disruptions are caused by:

• Obstructed roadways.

• Environmental offenses resulting from natural and manmade hazardous material spills or releases, the resulting contaminations of soils, ground and surface waterways and potential sources for air pollution.

• Obstacles to safe passage of essential pedestrian, vehicular and railroad traffic.

It is mandatory that there be an early, safe and quick response to restoring environmentally safe and economically viable conditions to the disaster affected areas. This objective has the highest priority in the City’s planning and its ability to deal with all damage.

Disasters will result in large expenditures of manpower, equipment and related materials and supplies, at substantial cost to the City.

It is imperative that the City of Olathe be prepared to provide all necessary disaster recovery services and have the means to recover all eligible costs from State and Federal Agencies that have funds to assist local governments to cope with all natural and manmade disasters.

4. GENERAL REQUIREMENTS

The Contractor must perform all necessary services in connection with environmental response service requests by the City outlined as follows:

3.1. The City of Olathe seeks to establish contractual arrangements with at least one (1) or more qualified firms to monitor disaster debris recovery efforts and provide related technical assistance, on an as- needed basis, to provide disaster recovery monitoring expertise and services to assist the City to monitor the removal, reduction and environmentally approved disposal of debris and other obstacles resulting from these disasters; in full compliance with local, state and federal regulatory agency requirements and consistent with Federal Emergency Management Agency (FEMA) requirements for cost reimbursement for debris management, removal and disposal.

3.1.1. Work assignments shall be made by requesting a proposal from one or more firms and the issuance of a Purchase Order for the assigned task.

3.2. The selected monitoring firm’s response to the recovery process must be immediate, rapid, efficient, with acceptable cost controls, accountability procedures, with written reports and submittals in place to assure that the City will have the means to be reimbursed for all eligible disaster recovery costs from appropriate Federal and State Agencies. The Contractor shall mobilize personnel for this task and shall be fully mobilized to begin debris monitoring operations within 72 hours following the day of the disaster. Debris monitoring work within the City will be prioritized by the City of Olathe. The selected firm shall be responsible for providing all necessary staff and equipment for carrying out its responsibilities under this contract.

3.3. The selected firm(s) must be prepared to carry out the assigned tasks in compliance with the applicable provisions of City of Olathe’s of the City’s Disaster Debris Management Plan.”

3.4. The purchase orders to the selected firm(s) may include, but not be limited to Monitoring Activities pursuant to Local, State, and Federal Rules and regulations and City's requirements, assistance and input to the updates to the above-mentioned plans as needed, as well as new purchase orders for financial modeling and monitoring for advance forecast and readiness plan/planning as assigned may be requested by the City

3.5. The selected firm(s) may be allowed to subcontract project monitoring; such monitoring may include detailed web-based cost and load tracking suitable for a comprehensive audit of debris removal.

3.6. The City may, at its discretion, limit the number of subcontract firms working under the prime or sub- prime contractor at its sole discretion to ensure safety and quality of work provided.

3.7. The Contractor shall provide the City with an updated list of all subcontractors including phone numbers of contact personnel.

3.8. Prior to the City assigning work, the Contractor shall provide the City with an affidavit from each subcontractor stating there is a signed contract between the Contractor and subcontractor.

3.9. In its proposal to the City, the Contractor will provide information as to what percentage of work described herein will be subcontracted

3.10. The Contractor shall be responsible for travel, per diem, housing and meals for all of its employees and/or subcontractors. The Contractor will also be responsible for providing temporary office space for conducting its Work responsibilities for this project.

3.11. If the selected Firm(s) for monitoring of debris recovery elect/s to provide a web-based load tracking and field project monitoring system, a detailed project-monitoring proposal shall also be included. Monitoring shall be done in compliance with FEMA guidelines. Those monitoring efforts shall include, but not be limited to:

3.11.1. Providing assistance in updating the City’s Debris Management and Removal plan.

3.11.2. Provide planning, training, exercises in essential debris management, monitoring, and collection functions to insure appropriate and responsive interface with field debris collection contractors and City, State and Federal Agencies. Also operate in coordination with the City and County’s contracted Debris Management, Hazmat and Remediation Contractors.

3.11.3. Provide field inspectors at designated checkpoints to check and verify information on debris removal and at Temporary Debris Storage Reduction Sites (TDSRS) located or developed throughout City of Olathe or the region, if necessary, as approved by the City.

3.11.4. Provide technical and permitting assistance associated with the need to locate additional TDSRS when requested by The City of Olathe.

3.11.5. Provide assistance with scheduling, dispatching and logistical operations of the field inspectors assigned to work areas of storm debris clean up. This work will include:

3.11.5.1. Acquiring, hiring, training, deploying and supervising properly equipped inspectors.

3.11.5.2. Establishing the schedule for inspectors for each day.

3.11.5.3. Monitoring and recording the volumetric measurement (cubic yards) or gross empty weight of each truck that is added into service.

3.11.5.4. Keeping records of contract hauler’s trucks, to include cubic yardage, or loaded weight, time in and time out, number of loads per day and other data as requested by designated City staff.

3.11.5.5. Determining truck assignments and providing the necessary vehicle decals or placards for ease of identification and tracking.

3.11.5.6. Coordinating with City personnel to respond to problems in the field, to include residential or commercial property damage claims in the process of debris removal.

Contractors(s) shall establish a telephone claim reporting system with a local or toll-free phone number and provide staff for the professional management of a receiving phone complaints or damage claims. The contractor shall investigate and assist in documentation of claims if requested by the City.

3.11.5.7. Conducting end of day duties, such as verifying all trucks have left the disposal site, addressing daily safety reports and corrective action recommendations, and locking down of the facility.

3.11.5.8. Surveying the affected areas for special situations or emergent needs, to include but not be limited to, identifying tree stumps and the management of root balls and associated cavities, hazardous trees, C&D debris, hazardous materials, debris from historically significant sites, or other potentially hazardous situations. The contractor must keep a list of these locations, track and coordinate the appropriate dispatch of equipment and make frequent reports to the City on any post event remedial action.

3.11.5.9. Record on a map the streets where debris was collected.

3.11.5.10. Perform other duties as directed by the designated City personnel.

3.12. The Firm(s) will provide technical, clerical, and information technology assistance to the City in completing any and all forms necessary for reimbursement from State or Federal agencies, including the Federal Emergency Management Agency Department of Homeland Security, the State of Kansas, and the Federal Highway Administration or the Department of Housing and Urban Development (HUD) relating to eligible costs arising out of the disaster recovery effort. This may include, but is not limited to, the timely completion and submittal of reimbursement requests, preparation and submittal of any and all necessary cost substantiations and preparing replies to any and all agency requests, inquiries or potential denials.

3.13. The Firm(s) will employ or maintain on the work site(s) a qualified accessible supervisor(s) or liaison officer as directed. At least one (1) accessible and designated supervisor in the area of operation and the liaison officer shall have full authority to act on behalf of the Firm(s) and its subcontractors and all communications given to the supervisor or liaison officer in writing by the City’s authorized representative shall be as binding as if given to the Firm(s). This supervisor will report to the Debris Project Manager.

3.14. The Firm(s) will assist City staff and other contracted contractors in conducting an annual tabletop exercise(s) to determine the adequacy of the debris removal plan and debris management process.

5. COMMUNICATIONS AND CUSTOMER SERVICE COORDINATION

The Firm(s) shall develop a Communications and Customer Service Coordination Plan for the City's approval including a telephone claim reporting system.

6. STAFFING REQUIREMENTS – CONTRACTOR

5.1. The Contractor represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City.

5.2. All of the services required herein under shall be performed by the Contractor or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services.

5.3. The Contractor warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field.

7. STAFFING REQUIREMENTS – CITY

6.1. The City reserves the right to immediately remove any personnel with or without cause that are deemed unsuitable for the City’s recovery effort. Personnel subject to removal under this clause are City staff full time, part-time or temporary; Primary Contractor staff and/or sub-contractor staff.

6.2. The City will provide a Debris Project Manager to act as Liaison between City staff, FEMA, and Contractor. This person will oversee the City’s interest in the entire storm debris removal operation and assure FEMA and contract compliance.

8. QUALIFYING CONDITIONS

7.1. Respondents must have a dedicated line for a facsimile machine and/or email address available twenty- four (24) hours a day to expedite quotes for emergency orders.

7.2. Must have at least three (3) years of experience in Debris Monitoring Services

7.3. Respondent must have all current, necessary licenses to perform all the work described in the RFP (if applicable)

7.4. All vehicles belonging to Respondent, or their subcontractors, must be in compliance with all applicable Federal, State, and local rules and regulations

7.5. Respondents must have fully qualified, trained, and licensed staff performing the duties described in the RFP

7.6. Respondents must be in good standing (not debarred or suspended) with the Federal government. See the SAM’s list website to determine your eligibility.

https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf

8. SCHEDULE

The tentative schedule for this process is listed below. All times are listed as Central Standard Time and are subject to change as necessary to allow for proper receipt and evaluation of proposals.

• Distribution of RFP November 17, 2025

• Questions to City by December 29, 2025 at 3:00 PM CST

• Proposals due to City January 5, 2026, at 10:00 AM CST

• Conduct Interviews/demo of online services (if required) January 2026

• City Council approval requested February 2026

9. PROPOSAL CONTENT

In order to provide the evaluation team with consistent information on which to make an evaluation, organize your proposal as follows:

1. Cover Letter: provide name of Company, address, and a brief description of your company’s history.

2. General information about your firm, including organizational chart and proposed management techniques to be used.

3. Sample Report: provide a sample report from an actual event.

4. All forms contained within this Request for Proposal package completed and signed where necessary.

5. Requirements. Responses to all requirements of the Minimum Equipment and Description of Services.

6. Outline of specialized experience in this type of work, including the number of years your firm has been engaged in providing these services and a detailed description of Company’s Debris Monitoring Experience. Please also provide your SOPs for the services requested.

https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf

7. Key personnel in your firm who will be responsible for managing this contract. Also provide an organization chart.

8. Exceptions & Addenda

a. Any exceptions to the RFP must be clearly indicated in your proposal. Failure to do so will result in the assumption of compliance in specifications and requirements as stated.

b. Alternative options for the non-emergency scenarios will be accepted. Please state clearly what your alternative proposed solutions are.

c. Indications of the receipt of all addenda must be included with your proposal.

9. Fee Proposal

a. Complete the Cost Sheet Form.

10. Additional information your firm wishes the City to consider in the evaluation of your proposal.

10. EVALUATION CRITERIA

The proposals received will be reviewed by an evaluation team comprised of City personnel, using the following criteria.

Proposals that do not meet the minimum requirements specified may be rejected.

Evaluation Criteria Point Value

A. Qualifications and Experience of the Company: Does the proposed staff meet the needs of the program? Respondent’s reputation in the marketplace, reputation of services in the marketplace, experience and qualification of key employees, prior experience working with the government sector.

Maximum 35 points

B. Performance Capability – Respondent’s conformance to expectations outlined in the RFP

Maximum 30 points

C. Schedule: State hours and days operation. Holidays that differ from those stated in the proposal. State number of trained and licensed staff on the active schedule. Explain how scheduling works and the process once a request is received for Debris Monitoring Services.

Maximum 20 points

D. Fee Schedule Maximum 15 points

After evaluating the proposals submitted, the City may request additional information. At its discretion, the City may require any respondent to make an oral presentation of their proposal.

The City will evaluate the proposals and will select the respondent which meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final.

The City reserves the right to negotiate any and all elements of this proposal, including but not limited to the fee structure and terms of the contract, with the firm selected.

11. INQUIRIES

Questions or requests for information regarding this Request for Proposals must be submitted on Bonfire, The deadline for receipt of questions from bidders is 3:00 PM CST on December 29, 2025. No further questions or clarifications will be provided after that date. Answers to all questions will be posted on the Public Purchase website, Bonfire.

No communication regarding this RFP should be directed to any other City official or employee. All queries will be responded to in the form of written addenda and posted on Bonfire. Any attempt at contact with City officials or employees about this RFP will result in your bid being considered non-responsive.

Bidders 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.

12. PROPOSAL SUBMISSION AND WITHDRAWL

Proposals must be submitted to Bonfire no later than January 5, 2026 at 10:00 AM CST.

Respondents may withdraw their proposals by notifying the City in writing at any time prior to the submission deadline. After the deadline, proposals shall become a record of the City and will not be returned to respondents.

Respondents shall be aware that after opening and during the evaluation process, the proposals submitted remain confidential. Once a decision to award is made, all proposals are subject to public disclosure consistent with Kansas law. Respondents must invoke the exemptions to disclosure provided by law and must clearly identify in the proposal the data or other materials to be protected and state both the reasons why such exemption from public disclosure is necessary and the legal basis for such exemption. All other contents of the submitted proposals become public record.

Respondents are prohibited from assigning, transferring, conveying, subcontracting or otherwise disposing of this proposal or any resultant agreement or its rights, title or interest therein, or its power to execute such agreement to any other person, agent, broker, company or corporation without the expressed written consent of the City.

13. DISCUSSIONS AND RIGHT TO REJECT PROPOSALS

The City of Olathe may award a contract on the basis of proposals submitted, without discussions, or may negotiate further with those contractors within a competitive range. Proposals should be submitted on the most favorable terms the vendor can provide.

It should be further noted that the proposals, during the evaluation processes, will be proprietary working documents and as such are not subject to public opening or inspection. Once an official recommendation for award has been made and forwarded to the Olathe City Council for approval, all information associated with the proposals, including pricing, become available as public records.

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 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.

14. EXCEPTIONS/ADDITIONS

All exceptions taken to any of the stated requirements of this RFP must be clearly indicated in your proposal. Failure to do so note will result in the assumption of compliance with the requirements as stated.

15. DEVELOPMENT COSTS

Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this RFP.

Respondents are encouraged to prepare their proposals simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the RFP.

16. NO COLLUSION

By submitting a proposal in response to this RFP and completing the Affidavit, the Respondent certifies the Respondent has not divulged to, discussed or compared the proposal with other Respondents and has not colluded with any other Respondents or competitive parties. Also, Respondent certifies, and in the case of a joint competitive proposal each party thereto certifies as to its own organization, that in connection with the competitive proposal:

A. All prices and/or cost data submitted have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices and/or cost data with any other Respondent or with any competitor.

B. No prices and/or cost data quoted in the proposal has been knowingly disclosed by the Respondent, and will not knowingly be disclosed by the Respondent, to any competitor prior to the scheduled opening.

C. No attempt has been made or will be made by the Respondent to induce any other person or company to submit or not to submit a competitive proposal.

D. The only person(s) or principal(s) interested in the proposal is/are named therein, and no person other than those named has/have any interest in the proposal or in the agreement to be entered into.

E. No person or agency has been employed or retained to solicit or secure the agreement for a commission, percentage, brokerage, or contingent fee, with the exception of bona fide employees or established commercial agencies maintained by the respondent for the purpose of doing business.

17. CONTRACT AWARD(S)

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 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.

Multiple awards may be made to ensure adequate coverage for the requirements of this RFP.

18. CONTRACT TERM

The initial term of this contract will be for three (3) years from date of award with annual review. The City reserves the right to extend the contract under the same terms and conditions for two (2) additional one-year periods. The City reserves the right to reject any proposal indicating excessive minimum order requirements.

19. 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 its 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 its Procurement Division or other 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.

20. INDEMNIFICATION/HOLD HARMLESS AGREEMENT

Respondent shall, in addition to any other obligation to indemnify the City of Olathe and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City of Olathe, its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses) and costs arising out of any actual or alleged (a) bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting there from, or any other damage or loss arising out of or resulting in whole or in part from any actual or alleged act or omission of the Respondent, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; (b) violation of law, statute, ordinance, governmental administrative order, rule regulation, or infringement of patent rights by Respondent in the performance of the work; or (c) liens, claims or actions made by the Respondent or any subcontractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar.

The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Respondent or any subcontractor under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. All expenses, including attorney's fees, incurred by the City of Olathe in enforcing this provision shall be borne by the Respondent.

Exhibit Letter

Description Return Read Only

A Vendor Response Form X

B FEMA Contract Provisions X

C State of Kansas Contract Provisions X

D Anti-Lobby Certification X

E Current Engagement Certification X

F Immigration Reform & Control Certification X

G Sexual Harassment Certification X

H Boycott of Israel Certification X

I City of Olathe Instructions, General Terms and Conditions X

J Affidavit X

K Insurance Requirements X

L Sample City of Olathe Contract X

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 Proposals:

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 and that this submission, 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 Proposals.

Firm Name: ____________________________________________________ Authorized Representative Name (Printed): _________________________________ Authorized Representative Signature: ______________________________________ Title: ________________________________________________________ Date: ________________________________________________________

Exhibit B

Federal Funds and Grants Required Provisions – FEMA

1. Documentation of Compliance and Eligibility, Cooperation with Audits or Reviews, Document Retention, and Other Requirements.

1. Contractor agrees that, upon City request, Contractor will document compliance with any terms and conditions set forth by the federal government (including but not limited to the Department of Treasury) related to use of ARPA funds.

2. Contractor agrees that, upon City request, Contractor will report detailed costs and provide supporting documentation to confirm eligibility for ARPA funds.

3. Contractor agrees to cooperate with any local, state, or federal review, audit, or investigation related to this Contract including but not limited to: 1) producing documents and making individuals available for interviews, and 2) allowing access by local, state, or federal agencies to audit the Contractor’s books and records related to ARPA funds.

4. Contractor hereby agrees to maintain records and financial documents related to this Contract for five (5) years after all ARPA funds used for this Contract have been expended, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit, or other inquiry involving the Contract.

2. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, 31 C.F.R. Part 22 (U.S. Department of Treasury Regulations).

1. Contractor and any Subcontractor, or the successor, transferee, or assignee of Contractor or any Subcontractor, shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin, 42 U.S.C. §§ 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this Contract. Title VI also provides protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. §§ 2000d et seq., as implemented by Treasury’s Title VI regulations, 31 C.F.R. Part 22, and herein incorporated by reference and made a part of this Contract.

2. Contractor agrees to include the preceding paragraph in all subcontracts under this Contract.

3. Equal Employment Opportunity, 2 C.F.R. Part 200 Appendix II(C).

If this Contract is a Federally Assisted Construction Contract (as defined in 41 C.F.R. 60-1.3) exceeding $10,000, during the performance of this Contract, Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information.

4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Provided, that if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract.

9. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and Subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

10. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and Subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee);

refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. Copeland “Anti-Kickback” Act, 2 C.F.R. Part 200 Appendix II(D).

For Construction Contracts in excess of $2,000: Contractor and Subcontractors shall comply with the Copeland “Anti- Kickback” Act (40 U.S.C. 3145; 18 U.S.C. 874) as supplemented by Department of Labor regulations (29 C.F.R. part 3).

The Act provides that each Contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), 2 C.F.R. Part 200 Appendix II(E).

1. Employee Protections

A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $32 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1).

C. Withholding Process. The contractor may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;

monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, any other federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.

(a} Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:

(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

(2) A contracting agency for its reprocurement costs;

(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;

(4) A contractor's assignee(s);

(5) A contractor's successor(s); or

(6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

D. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

E. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

(1) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;

(2) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;

(3) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or

(4) Informing any other person about their rights under CWHSSA or this part.

6. Rights to Inventions Made Under a Contract or Agreement, 2 C.F.R. Part 200 Appendix II(F).

If the Federal award meets the definition of “funding agreement” under 37 C.F.R. 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), 2 C.F.R. Part 200 Appendix II(G).

For Contracts in excess of $150,000: Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.

1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

8. Debarment and Suspension (Executive Orders 12549 and 12689), 2 C.F.R. Part 200 Appendix II(H) and U.S.

Department of Treasury Local Fiscal Recovery Fund Award Terms and Conditions § 9(b)(iv).

Contractor hereby certifies they are not debarred, suspended…