1-RFP-25-0102 Cleaning Disinfecting of Tanks, Towers, and Basins.pdf

Procurement Division PO Box 768 Olathe, KS 66051-0768

REQUEST FOR PROPOSALS

FOR

CLEANING & DISINFECTING OF TANK, TOWERS, AND BASINS

DATE OF ISSUE: AUGUST 29, 2025 BID NUMBER: RFP-25-0102

Proposals must be received online at Bonfire no later than:

September 19, 2025 at 10:00 AM (CST)

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

September 15, 2025, by 5:00 PM (CST)

Questions will be addressed via addendum on to Bonfire.

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

City of Olathe Cleaning & Disinfecting of Tank, Towers, and Basins

RFP-25-0102

I. INTRODUCTION AND BACKGROUND

The City of Olathe, Environmental Services Division is soliciting qualifications from contractors to provide comprehensive tank, tower, and basin cleaning services to support water and wastewater operations. This work will uphold public health standards, prevent contamination, extend infrastructure lifespan, and comply with all applicable federal, state, and local regulations, including those from the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and American Water Works Association (AWWA) standards.

The selected vendor will deliver safe, efficient, and compliant cleaning of water storage tanks and towers, chemical tanks, lime softening and clarification basins, and pump station wet wells to support Olathe Water Production operations. Disinfection of water storage tanks, towers, and wet wells shall be in accordance with AWWA standard C652 for disinfecting water storage facilities. The vendor will also provide safe, efficient, and compliant cleaning of chemical tanks, and wastewater basins and tanks to Olathe Wastewater Treatment operations.

Primary needs include routine spring and fall cleaning of three water softening/clarification basins at the Olathe Water Plant. Scheduled cleaning and disinfection of water storage tanks, towers, and wet wells will occur less frequently, though rapid or emergency responses may be required in certain instances. Wastewater treatment needs will typically be scheduled in advance but could also necessitate rapid or emergency responses.

Chemical tanks may have sodium hypochlorite, ferrous chloride, ferric chloride, hydrochloric acid, sodium chlorite, ammonia, fluorosilicic acid, or polymer residue remaining prior to cleaning.

Facility Addresses Olathe Water Plant, 27065 W 83rd Street, Lenexa Kansas 66227 Black Bob Towers and Pump Station, 14500 W 151st Street, Olathe Kansas 66062 Curtis Street Reservoir and Pump Station, 600 S Curtis, Olathe Kansas 66061 Hedge Lane Reservoir and Pump Station, 710 N Hedge, Olathe Kansas 66061 Renner Tower and Pump Station, 11851 S Renner Rd, Olathe Kansas 66061 Harold Street Wastewater Treatment Facility, 200 W Harold Street, Olathe Kansas 66061 Cedar Creek Wastewater Treatment Facility, 25915 W 119th Street, Olathe Kansas 66061

II. SCOPE OF SERVICES

The City must not be relied upon to provide equipment, materials, or staff necessary for performing the work.

Contractor must provide and utilize appropriate cleaning equipment and support materials such as (not all inclusive):

• Truck-mounted water jet equipment (1-20 gpm).

• Hydroblasters (up to 20,000 psi capabilities).

• Hot water power washers (e.g., Hotsy or equivalent at 3,000 psi /4 gpm).

• Vacuum trucks.

• Hoses, pumps, pipes.

• Cleaning materials and supplies.

• Scaffolding.

• Ladders.

• Fall protection equipment.

• Portable restroom.

• Qualified personnel.

Water Storage Tank Cleaning and Disinfection Each of the water storage tank interior surfaces will be cleaned to allow for internal inspection and/or repair. All onsite contractor personnel current HAZWOPER (29 CFR 1910.120) and Confined Space Entry Training (29 CFR 1919.146) certification and provide evidence of certification to City personnel prior to any onsite activities. The cleaning process shall consist of but not limited to the following procedures:

1. The contractor shall eliminate or mitigate all hazards utilizing appropriate lock-out-tag-out procedures.

2. The contractor personnel shall enter the tank using appropriate confined space entry procedures executed and overseen by the contractor, to clean the interior surfaces of each tank. The interior surfaces shall be cleaned via high-pressure, high-heat washer and hand and/or pneumatic tools. Care should be given to prevent damage to tank surfaces. Interior surfaces shall be cleaned of all residual material, sediment, and biological or chemical build-up, stain, discoloration or fouling. Chemical cleaning agents shall not be used.

3. City personnel will inspect the tank for readiness for disinfection. Additional inspection for tank condition may be performed by City personnel and/or others.

4. Following cleaning and inspection of each tank, the tank shall be disinfected in accordance with AWWA C652-11, Chlorination Method 2. All interior tank surfaces including tank walls, baffle walls, and pipe walls shall be disinfected. Contractor shall submit a written disinfection plan to the city prior to disinfection activities.

5. City personnel will fill the water tank and conduct all bacteriological testing.

The following table provides dimensional information of each tank for Contractor’s purpose in preparing bid pricing.

Finished Water Storage Tank Name

Above Ground or Below Ground Material

Diameter (feet) or LengthxWidth (feet)

Height (feet) Notes

WTP Membrane Clearwell

Above Ground Concrete 70 feet diameter

41.5 feet to center of roof

Interior baffle walls

WTP North Clearwell

Below Ground Concrete 33.67 ft x 29 ft 25 feet

WTP South Clearwell

Below Ground Concrete 100 ft x 100 ft 13.33 ft in clearwell

16.33 ft in pump wet well

Interior baffle walls

Black Bob Tower

Above Ground Painted Steel

50 feet diameter

114.5 feet to center of roof

Black Bob Tower

Above Ground Painted Steel

85 feet diameter

Approx. 130 feet to center of roof

Curtis Street Reservoir

Below Ground Concrete 2 reservoirs, each 62 feet x 77 feet

12 feet in reservoir

18.4 feet in pump wet well

Hedge Lane

Above Ground Concrete 160 feet diameter

56 feet to center of roof

Renner Tower Above Ground Painted Steel

45 feet diameter

Approx 130 feet

Legible as-builts not available

Water Treatment Basin Cleaning The Olathe Water Treatment Plant has three basins for treatment prior to filtration. Two basins operate in lime softening, meaning that lime slurry is added to the water in the center of the basin for the purpose of precipitating water hardness compounds. The remaining basin operates in clarification with the addition of a coagulant and polymer chemicals. Each basin can operate in either lime softening or clarification for maximum flexibility for treatment.

Clarification solids are soft and are relatively easy to remove from the interior surfaces of the basin with power washing.

On the other hand, lime solids, consisting primarily of calcium carbonate deposits, accumulate on the surfaces of the interior equipment (launders, mixer, rake arm, and center column), harden, and require higher pressure washing to remove.

Basins operating in lime softening are cleaned twice a year, spring and fall. The clarification basin is cleaned once per year in the fall.

All onsite contractor personnel shall be current on HAZWOPER (29 CFR 1910.120) and Confined Space Entry Training (29 CFR 1919.146) certification and provide evidence of certification to City personnel prior to any onsite activities. The cleaning process shall consist of but not limited to the following procedures:

1. Prior contractor’s mobilization, City personnel will take a lime softening basin offline, turn off chemical feeds, and

“soak” the basin in lower pH water. This may, but is not guaranteed, soften the hardened limescale buildup for easier removal. City personnel will drain the basin to have ready for the contractor.

2. Contractor shall cover equipment motors above the basin with secured plastic sheeting for protection from material prior to beginning any cleaning.

3. Contractor shall eliminate or mitigate all hazards utilizing appropriate lock-out-tag-out procedures.

4. Contractor personnel shall enter the tank using appropriate confined space entry procedures executed and overseen by the contractor, to clean the interior surfaces of each tank, including painted steel surfaces and equipment. The interior surfaces shall be cleaned via high-pressure, high-heat washer and hand and/or pneumatic tools. Care should be given to prevent damage to tank surfaces. The extent practical, interior surfaces shall be cleaned of residual material, sediment, and biological or chemical build-up, stain, discoloration or fouling. Chemical cleaning agents shall not be used.

5. Contractor personnel shall vacuum out any solid material produced by the cleaning or that was pre-existing prior to cleaning. Material may be deposited in the lagoons on-site at the water treatment plant.

6. City personnel will fill the water tank following the cleaning.

The contractor must operate within the following guidelines, when applicable:

• Pressure Washing Guidelines: Keep the ambient temperature pressure washer and hot water pressure washer below 5,000 psi and maintain a distance of 8-12 inches from the surface during operation to prevent damage to tank interiors or coatings.

The following table provides dimensional information of each tank for Contractor’s purpose in preparing bid pricing.

Dimension Basin 2 Basin 3 Basin 4 Diameter 82 ft 95 ft 125 ft Side Wall Depth 18.14 ft 16.87 ft 17.83 ft

Chemical and Wastewater Tank Cleaning Chemical and wastewater tanks will be cleaned to allow for internal inspection and/or repair. All onsite contractor personnel current HAZWOPER (29 CFR 1910.120) and Confined Space Entry Training (29 CFR 1919.146) certification and provide evidence of certification to City personnel prior to any onsite activities. Tank sizes range from about 4,500 to 10,000 gallons. The cleaning process shall consist of but not limited to the following procedures:

1. At the direction of City of Olathe personnel, the residual product in each tank will be removed and transferred, via pneumatic chemical-resistant pump, to either an existing storage vessel located at the facility, temporary storage provided by the contractor or containerized, labeled, profiled and disposed in accordance with applicable State and Federal regulations.

2. Upon removal of the residual content, the contractor personnel shall enter the tank using appropriate confined space entry procedures executed and overseen by the contractor, to clean the interior surfaces of each tank.

3. The interior surfaces shall be cleaned via high-pressure, high-heat washer and hand and/or pneumatic tools.

Care should be given to prevent damage to tank surfaces. Interior surfaces shall be cleaned of all residual material and biological or chemical build-up, stain, discoloration or fouling.

4. Following cleaning of interior surfaces, the remaining tank contents (rinsate and/or solids) shall be removed from the tank via pneumatic conveyance and containerized, labeled, profiled and disposed in accordance with applicable State and Federal regulations.

5. Contractor shall sample interior surfaces, via litmus paper and/or pH meter, to ensure the tank surfaces have a neutral (5-9) pH and document results in writing and provide to City personnel.

Hours of operation:

Standard: Monday – Friday, 7 AM – 5 PM Any work falling outside of these hours, and subject night/weekends or emergency rates is subject to approval or request of City personnel.

Required Submittal Information The statement of qualifications (RFQ), including all the information below is required to be submitted.

A. Equipment:

• Provide a list of available equipment your company will utilize to perform the services outlined in this request.

C. Management:

• State how your company is uniquely qualified to perform the services outlined in this request.

• Provide your operating schedule.

• Provide your contact information and how the City of Olathe will initiate services.

• Explain your company’s safety training program and your safety plan.

D. Third Party Vendors:

• If the qualified company has the need to utilize the services of any third-party vendors, the company must ensure that these third-party vendors have the appropriate licenses and adhere to the City of Olathe’s Insurance Requirements and meet the requirements stated within this statement of qualifications.

E. Experience and Qualifications

• Detail your company's experience providing cleaning and disinfection services for water and wastewater treatment operations.

• Detail the experience of key personnel who will be working on this account, including where this took place and over what period of years.

• Provide examples of how your company and key personnel are qualified to provide cleaning, inspection and repair of chemical tanks, water storage tanks cleaning and disinfection and oxidation ditch cleaning services.

F. References

• Provide a list of at least three business or client references (contact name, company, address and phone number) that can attest to your company's ability to provide the services outlined in this request.

G. Certificate of Insurability

• Provide proof of the ability to obtain a Certificate of Insurance per the Insurance Requirements stated in this request.

III. PROPOSAL FORMAT

Proposals shall address all the following questions in the order in which they appear in this document. This is required to make comparison of submittals received equitable for the evaluation team. Failure to present your submittal in this manner may result in less consideration and minimal rating scores. All proposal information must be submitted electronically through Bonfire.

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

2. Provide a brief background and description of the respondent’s knowledge, experience, qualifications and record of performance relevant to the items identified under the Scope of Work.

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

4. The Proposal shall include the identification and organization of the proposed team to be assigned to this project, with individual resumes and the specific areas of responsibility of key personnel. All sub-contractors proposed to be used for this contract shall also be listed, including the information addressed above.

5. Proposals shall include required submittal information.

6. Affidavit, signed and notarized

7. Fee Proposal: Pricing must be provided in a separate electronic document from the RFP response. Price

Sheet in attachments.

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

9. Exceptions & Addenda

• 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.

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

• Fee Proposal - The fee proposal submitted shall remain valid for a period of 120 calendar days from the opening date of the RFP.

INQUIRIES

Question or requests for information regarding this RFP must be submitted to Bonfire no later than September 15, 2025 by 5:00 PM (CT).

Respondents shall make NO CONTACT – either written or verbal – with members of the City of Olathe Council, City of Olathe Legal Counsel, or any City of Olathe employees during the period beginning with the issuance of this document through approval of award. Any attempt by respondents to influence any of the aforementioned individuals may be grounds to disqualify the respondents from participation in the selection process of this RFP.

It should be noted that other information provided in your response will be considered proprietary and will not be divulged during the proposal review process as authorized by K.S.A 45-217 (Kansas Open Records Act). Because contractual agreements of this nature require the expenditure of public funds and or use of public facilities, the successful proposer shall understand that portions (potentially all) of their proposal (including any final contracts) will become public record after its acceptance by the City Council.

SITE VISIT

Olathe Water Plant at 27065 W 83rd Street, Lenexa Kansas 66227 will be open to interested contractors on Thursday, September 4th from 9:00am to 11:00am to view water softening/clarification basins.

IV. EVALUATION CRITERIA

The evaluation team will review the proposals received and rate each in accordance with the following criteria:

Experience: 35 Points

At least 3 years of experience in cleaning and disinfecting tanks, towers, and basins including cleaning of lime softening basins.

Firm Personnel and Equipment: 35 Points Access to personnel, equipment, and materials sufficient for both scheduled and emergency needs.

Response Time to Service Calls: 20 Points Ability to provide timely on-site services to the listed facilities, with preference given to those with a local office or service center within 50 miles of Olathe, KS

Fee Proposal: 10 Points

The City may prepare a short list of respondents from the submitted Proposals for oral presentations to the evaluation committee. This decision will be based on the number and quality of Proposals received.

If Proposals are deemed to be of high quality, oral presentations may be waived, and finalists selected based on Proposals submitted.

In the event oral presentations are required, the City of Olathe will not be responsible for any expenses incurred by the potential respondents for these presentations. New evaluation criteria may be established for oral interviews. The City will provide the desired format and criteria prior to the oral presentations.

The final selected respondents(s) will be recommended for contracting for this work. However, if it is determined to be in the best interest of the City, all proposals may be rejected, and the City may reissue Requests for Proposals.

V. SCHEDULE

The following is a tentative project schedule:

• Distribution of RFP August 29, 2025

• Site Visit September 4, 2025 from 9:00 AM to 11:00 AM (CST)

• Questions to City by September 15 , 2025 by 5:00 PM (CST)

• Proposals due to City September 19, 2025 by 10:00 AM (CST)

• Tentative Interviews Week of September 29 , 2025

• City Council approval requested October 2025

• First Cleaning October 2025

VI. CONTRACT AWARD

The City anticipates entering into a 1-year renewable terms for up to 5-years contract with the individuals and/or firms who submit the proposal(s) judged by the City to be most advantageous.

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

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

PRE-CONTRACTUAL EXPENSES

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

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

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

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

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

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

RFP DOCUMENT MISTAKES

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

INDEMNIFICATION

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

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

APPROPRIATIONS CLAUSE

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

City of Olathe terms and conditions can be found on the Procurement page of the City website:

https://www.olatheks.gov/government/procurement.

ATTACHMENTS

Exhibit # Return Read Only A Pricing Sheet X B Vendor Response Form X C City of Olathe Terms and Conditions X D Insurance Requirements X E Sample Contract X https://www.olatheks.gov/government/procurement

EXHIBIT A

Pricing Sheet

Pricing Please see tables below and provide pricing that includes a schedule of rates for services offered with standard, night/weekend/holiday, and emergency rates. Emergency response rates require mobilization and on-site presence within four hours from time of first contact by the City.

Any other services similar in scope but not specifically captured in the above bid pricing may be solicited from the contractor on a case-by-case basis in the form of a quotation.

Please enter general pricing for these vessel types:

Service Vessel Type Standard Rate ($/Day)

Night/Weekend/Holid ay Rate ($/Hour)

Emergency Rate ($/Hour)

Clean Chemical tank

Wastewater basin or tank

Please enter pricing for tanks, towers, and basins in Water Production Operations:

Service Facility Standard Rate ($ per Day)

Night/Weekend/Holiday Rate

($ per Hour)

Emergency Rate ($ per Hour)

Cl ea n

WTP Membrane Clearwell WTP North Wet Well & South Clearwell Black Bob Tower 1 Black Bob Tower 2 Curtis Street Reservoir Hedge Lane Reservoir Renner Tower

Di sin fe ct

WTP Membrane Clearwell WTP North Wet Well & South Clearwell Black Bob Tower 1 Black Bob Tower 2 Curtis Street Reservoir Hedge Lane

Renner Tower

Service Facility Standard Rate ($ per Day)

Night/Weekend/Holiday Rate

($ per Hour)

Emergency Rate ($ per Hour)

Cl ea n

Basin 2 - Clarification Basin 2 - Softening Basin 3 - Clarification Basin 3 - Softening Basin 4 - Clarification Basin 4 - Softening Sludge Pump Station Wet Well

EXHIBIT B

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 C

City of Olathe Terms and Conditions

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 BID 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 "BID" 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 BID document. Proposals must be received prior to the specified time of closing as designated in the BID. 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 BID 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 BID.

Failure to follow these procedures may be cause for rejection of proposal.

4. BID 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 BID 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 BID 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 BID 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 BID.

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 BID, 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 BID, 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 BID, all materials used in the manufacture or construction of supplies, materials, or equipment covered by this BID 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 BID 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.

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

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 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.

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

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

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 D

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 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. Any and 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 including all requirements listed herein. City uses the myCOI platform for submission and review of certificates of insurance and related documentation. Consultant 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…