Procurement Division PO Box 768 Olathe, KS 66051-0768

REQUEST FOR PROPOSALS

FOR

TACTICAL SUPPORT UNIT (TSU) EQUIPMENT VEHICLE

DATE OF ISSUE: MAY 8, 2026 BID NUMBER: RFP-26-0040

Proposals must be received online at Bonfire no later than:

May 15, 2026 at 10:00 AM (CST)

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

May 22, 2026 5:00 PM (CST) Questions will be addressed via addendum on to Bonfire.

I. PURPOSE/OPERATIONAL INTENT

The City of Olathe Police Department (“City”) is soliciting proposals for a turnkey Tactical Support Unit (TSU) equipment vehicle. The vehicle will support cold-zone logistics, support operations, and training by transporting, organizing, securing, and rapidly deploying TSU equipment and support tools.

The vehicle is intended for logistics and support use in the cold zone and is not intended to serve as an armored or hot-zone platform. The vehicle shall be capable of carrying and supporting rapid deployment of equipment in the following categories:

Operator gear / personal protective equipment (PPE) Breaching tools Ballistic shields Range equipment Scene lighting Construction / scene support tools

II. SCOPE OF SERVICES

The successful proposer shall furnish a complete turnkey solution, including all labor, materials, equipment, installation, integration, testing, and delivery necessary to place the vehicle into service, except where this specification expressly identifies equipment as City-furnished.

The scope shall include, at a minimum, the following:

1. Vehicle Chassis A new gasoline-powered box truck, current model year or otherwise available through normal dealer channels.

2. Cargo Body Configuration one (1) rear roll-up door curb-side roll-up door(s) street-side roll-up door(s)

3. Storage and Retention System A hybrid storage system consisting of fixed lockable cabinetry and modular retention/securing features. The interior of the cargo area shall include 80/20 branded track or approved equivalent for quick attachment and reconfiguration of equipment mounts, brackets, and retention accessories.

4. Secure Storage / Access Control A secure lockable storage solution appropriate for TSU equipment transport, including secure cargo-area access control.

5. Emergency Warning Package Emergency warning lighting and siren using Whelen brand equipment.

6. Electrical Power System Electrical system including an installed Mastervolt brand inverter or approved equivalent with integrated 120V outlets in the cabinetry/cargo area.

7. Generator Integration The generator will be City-furnished. Vendor shall provide secure stowage, restraint provisions, and any proposed cable management features.

8. Communications Radio Integration The communications radio will be City-furnished. Vendor shall install and integrate the City-furnished radio, including antenna and standard radio configuration, mounting, wiring, coax routing, microphone/speaker placement, and coordination with other vehicle systems.

9. Opticom Integration The Opticom unit will be City-furnished and is emitter-only. Vendor shall install and integrate the City-furnished emitter equipment, including mounting and wiring required for proper operation.

10. Exterior Scene Lighting Exterior scene lighting for curbside, street-side, and rear work areas.

11. Rear Vision System Backup camera with in-cab display.

12. Graphics and Markings Fully marked vehicle with standard Olathe Police Department patrol-style markings, subject to City approval of final artwork.

13. Delivery, Documentation, and Training Delivery to the City, as-built documentation, operating information, and orientation training.

5. Minimum Technical Requirements The following are minimum requirements. Proposals shall clearly identify compliance with each requirement, and any exception shall be separately stated.

5.1 Chassis and Cab

Shall be a box truck with enclosed cargo area suitable for equipment transport.

Shall be gasoline powered.

Shall provide a minimum of two (2) seats, consisting of one driver’s seat and one front passenger seat.

Optional crew cab may be proposed as an alternate.

Shall be equipped with all-wheel drive (AWD). If AWD is not available on the proposed chassis, four-wheel drive (4x4) is acceptable as an alternative. Proposer shall clearly identify whether the vehicle is AWD or 4x4.

Shall be equipped with a rear backup camera and in-cab display viewable by the driver.

Shall be equipped with Ultra brand wheels and tires or approved equivalent, sized and rated appropriately for the completed vehicle GVWR and intended operational use.

5.2 Payload Capacity

Payload capacity is a critical requirement.

The completed vehicle, including all upfit components, cabinetry, electrical equipment, emergency warning equipment, scene lighting, generator stowage hardware, radio integration hardware, and Opticom integration hardware, shall provide not less than 5,000 pounds of available payload capacity.

Proposer shall provide a detailed weight and payload accounting sheet showing:

chassis/body curb weight or estimated delivered weight, added upfit weight, remaining available payload.

5.3 Cargo Body and Access

Cargo area shall be enclosed, weather-tight, and commercial-duty.

Vehicle shall include:

rear roll-up door, curb-side roll-up door(s), street-side roll-up door(s).

Proposer shall state the proposed clear opening width and height for each roll-up door.

Final door opening sizes will be confirmed during post-award configuration; however, the awarded vendor shall not provide openings smaller than those proposed without the City’s prior written approval.

Cargo interior lighting shall be adequate for night operations and interior task use.

5.4 Storage System

Vehicle shall include a hybrid storage system consisting of fixed lockable cabinetry, drawers, and/or compartments together with modular retention/securing features.

The interior of the cargo area shall include 80/20 branded track or approved equivalent for quick attachment and reconfiguration of equipment mounts, brackets, and retention accessories.

Vendor shall identify proposed track locations and mounting method in the layout drawings.

Storage design shall provide safe and ergonomic access to frequently deployed equipment.

Vendor shall provide drawings or diagrams showing the proposed layout and retention approach.

5.5 Security and Locking

Vehicle shall provide a secure lockable storage solution suitable for TSU equipment transport.

Because the vehicle may carry firearms and/or ammunition, proposer shall describe the secure storage approach and access control, including:

lock types, mounting methods, access method(s).

Storage components shall be structurally mounted so as to resist tampering or removal using common hand tools.

5.6 Emergency Warning Package

Vehicle shall be equipped with emergency warning lighting and siren.

Emergency lighting, siren, control head(s), and related warning equipment shall be Whelen brand.

Proposer shall provide a complete list of emergency warning components, mounting locations, and description of controls and operation.

5.7 Exterior Scene Lighting

Vehicle shall be equipped with exterior scene lighting sufficient to illuminate curb-side, street-side, and rear work areas.

Scene lighting shall be controllable from the cab and/or cargo area.

Proposer shall specify fixture locations and switching arrangement.

5.8 Electrical Power

Vehicle shall include an installed Mastervolt brand inverter or approved equivalent.

Vehicle shall include 120V power outlets located in or near cabinetry/cargo areas for charging and operating equipment.

Proposer shall describe the battery and charging architecture supporting the inverter system.

Proposer shall describe safety protections, including breakers, fusing, and wire protection.

5.9 Generator Integration (City-Furnished)

Generator will be furnished by the City.

Proposer shall provide a secure and accessible means to stow, restrain, and protect the City-furnished generator during transport.

Proposer shall identify the proposed stowage location and state the maximum generator envelope and maximum generator weight the stowage system can accommodate.

Proposed dimensions shall be stated as length × width × height.

Any proposed cable management or pass-through features shall be clearly described and separately identified.

5.10 Communications Radio Integration (City-Furnished)

Communications radio will be furnished by the City.

Proposer shall install and integrate the City-furnished communications radio into the vehicle.

Installation shall include antenna and standard radio configuration, mounting, power wiring, coax routing, control head location as applicable, speaker placement, microphone placement, and coordination with other vehicle electrical and electronic systems.

Proposer shall describe any interference mitigation measures and serviceability considerations.

Installation shall be completed in a manner that avoids operational conflicts and maintains safe access to controls and service points.

5.11 Opticom Integration (City-Furnished, Emitter-Only)

Opticom equipment will be furnished by the City.

The Opticom installation is emitter-only.

Proposer shall install and integrate the City-furnished Opticom emitter equipment into the vehicle.

Proposer shall describe the proposed mounting location, wiring approach, and any coordination with the emergency warning package or other vehicle systems required for proper operation.

5.12 Markings

Vehicle shall be fully marked in standard Olathe Police Department patrol-style markings.

Vendor shall coordinate with the City for final artwork approval prior to installation.

5.13 Cargo HVAC

No cargo HVAC is required.

6. Proposal Submittal Requirements Proposals shall include, at a minimum, the following technical information:

1. Chassis and Vehicle Specifications make and model, GVWR, engine, driveline configuration (AWD or 4x4), overall dimensions.

2. Cargo Body Specifications cargo box dimensions, door locations, proposed clear opening sizes.

3. Storage and Upfit Description narrative describing cabinetry, retention system, materials, and finish.

4. Layout Drawings / Diagrams cabinetry, track/retention features, generator stowage, inverter location, outlet locations, scene lighting, radio installation, and Opticom emitter installation.

5. Electrical System Information electrical component list, system description, inverter information, battery/charging architecture.

6. Emergency Equipment Information emergency warning equipment component list.

7. Weight / Payload Accounting documentation demonstrating at least 5,000 lb available payload after completion of upfit.

8. Schedule delivery and production schedule showing ability to meet the City’s October 1st 2026 in-service target.

9. Warranty Information warranty summary for chassis, body, upfit, electrical system, and emergency equipment.

10. References references for similar public safety or commercial equipment vehicle builds.

11. Mastervolt Inverter or Approved Equivalent Information proposed Mastervolt model or approved equivalent model, installation method, supporting battery and charging architecture.

12. Wheel and Tire Information proposed Ultra brand wheel and tire components, or approved equivalent components, size, load rating, suitability for the completed vehicle.

13. 80/20 Track Information proposed 80/20 branded track or approved equivalent locations, intended quick-attachment use, mounting method.

14. Radio Integration Narrative installation method for the City-furnished communications radio, antenna installation, standard radio configuration, mounting, coax routing, power/interface approach.

15. Opticom Emitter Integration Narrative installation method for the City-furnished Opticom emitter, mounting location, wiring/interface approach.

7. Proposal Evaluation Criteria Proposals will be evaluated on a 100-point basis. The City intends to make a best-value award based on the criteria set forth below.

7.1 Technical Compliance and Vehicle/Body Design – 20 Points

Meets or exceeds chassis requirements; GVWR/payload appropriate Body and compartment layout supports logistics mission, security, and access Electrical, lighting, and auxiliary power approach; workmanship and documentation

7.2 Cost / Best Value – 10 Points

Base price (chassis, body, upfit, delivery) Options/alternates pricing and transparency Total cost of ownership considerations, including warranty and expected maintenance

7.3 Vendor Qualifications and Past Performance – 20 Points

Demonstrated experience with public safety or municipal fleet builds References for comparable builds

7.4 Warranty, Service, and Local Support – 25 Points

Warranty terms for chassis, body, and upfit; clarity of coverage Service response time and proximity/availability in the Kansas City metropolitan area

7.5 Delivery / Project Schedule – 25 Points

Production schedule and ability to meet the City’s desired in-service date 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.

8. Post-Award Configuration Following award, the City and the awarded vendor shall conduct a post-award configuration meeting to confirm final details prior to fabrication, including:

final roll-up door opening sizes, generator restraint and stowage details, communications radio installation details, Opticom emitter installation details, minor outlet locations, and minor fixture/control locations.

Vendor shall provide updated drawings for City review and approval prior to fabrication.

Appendix A – Compliance Matrix

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. Sub-contractors are subject to City approval.

5. Proposals shall include examples of key personnel’s ability and experience.

6. Respondent’s proposed plan for services shall include content and scope, proposed methods of proceeding with the project work, and identify efforts or methods of keeping the City informed on the progress of the project. Respondent shall also include a proposed timeline for completion of the project.

7. Affidavit, signed and notarized

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.

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.

IV. SCHEDULE

The following is a tentative project schedule:

V. CONTRACT AWARD

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

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

The City reserves the right to reject all proposals, to abandon the project, or to re-advertise for and solicit other proposals. The City may, on 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 reserves the right to negotiate 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.

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.

ATTACHMENTS

Attachment Letter

City of Olathe Tactical Support Unit (TSU) Equipment Vehicle

RFP-26-0040

Attachment A – Vendor Response Form

VENDOR RESPONSE FORM

Bidder 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: ____________________________________________________________________________________________

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 proposal, including all required forms and attachments, is submitted in full understanding and acceptance of all terms, conditions, and requirements set forth in this solicitation.

Authorized Representative Name (Printed): __________________________________________________________ Authorized Representative Signature: _______________________________________________________________ Title: ________________________________________________________ Date: _________________________________

Attachment B CITY OF OLATHE, KANSAS

PROCUREMENT DIVISION

INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS

(Revised 04/25)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By: ___________________________________________________ Printed Name: _________________________________________

Attachment C – Sample Contract and Insurance Requirements

By initialing here, the bidder acknowledges receipt and review of the attached sample contract and insurance requirements and understands that any exceptions must be submitted with the bid.

Initials_____________

CITY OF OLATHE AGREEMENT

THIS AGREEMENT is made in Johnson County, Kansas, by and between the City of Olathe, Kansas, hereinafter "City," and __________ (INSERT LEGAL NAME OF VENDOR), hereinafter "Vendor" (each individually a “Party” and collectively, the “Parties”). City needs ___________ (INSERT BRIEF DESCRIPTION OF WORK/SERVICES/GOODS), and contracts with Vendor for the work described in Vendor’s proposal in Exhibit A.

1. FEES, EXPENSES, AND SCHEDULE (or) TERM. City agrees to pay Vendor an amount not to exceed $___ (INSERT AMOUNT) for the work described in Exhibit A. If provided for in Exhibit A, Vendor will be reimbursed at the actual cost of the specified expenses.