1-250219 Solicitation document.pdf

(______________) Published on the City’s Website wichita.gov/legalnotices, Tuesday, August 20, 2025

REQUEST FOR PROPOSAL NO. – 250219

Sealed Request for Proposal will be received in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas, prior to 10:00 O'CLOCK A. M., FRIDAY, SEPTEMBER 12, 2025.

One (1) electronic copy of the proposal is required. Proposals are to be submitted electronically through the City’s Procurement Portal (wichita.gov/procurementportal) using secure login/password for:

PUBLIC WORKS & UTILITIES DEPARTMENT/PRODUCTION &

PUMPING DIVISION

Owner’s Site Representative (OSR) for Main WTP Emergency Use Project

AS PER SPECIFICATIONS

F.O.B.: Wichita, KS

Specifications for the sealed proposals are on file in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas, (316) 268-4636. This information is also available on the City of Wichita Web Site at wichita.gov/procurementportal.

Sealed proposals shall be received (electronically as stated) in the office of the City Purchasing Manager prior to 10:00 o’clock a.m., Friday, September 12, 2025.

The review and evaluation of the submitted Proposals will take estimated 60 to 90 days before notification from the City of Wichita that a contract has been approved by City Council. If the Purchasing Division may be of further assistance, please contact us at (316) 268-4636.

Dated at Wichita, Kansas, on the 20th day of August, 2025.

Josh L. Lauber, MBA, CPSM Purchasing Manager https://www.wichita.gov/legalnotices https://wichita.gov/procurementportal

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable infrastructure; Provide conditions for living well.

City of Wichita 1 RFP #250219

CITY OF WICHITA

FINANCE DEPARTMENT/PURCHASING DIVISION

455 N. MAIN ST, 12TH FLOOR, WICHITA, KS 67202

PHONE: (316) 268-4636

PURCHASING@WICHITA.GOV

WICHITA.GOV/PURCHASING

WICHITA.GOV/PROCUREMENTPORTAL

REQUEST FOR PROPOSAL #250219

Owner’s Site Representative (OSR) for Main WTP Emergency Use Project – Production & Pumping Division

City of Wichita – Public Works & Utilities Department

August 20, 2025

PROJECT DEFINITION

The City of Wichita is seeking proposals from firm(s) for a firm to provide an Owner’s Site Representative for oversite for the Main Water Treatment Plant Emergency Use Project, for the Public Works & Utilities Department.

The selection of the consulting firm by the City’s Staff Screening and Selection Committee will be based on several factors, including: (1) OSR water treatment plant and pipeline design and construction experience,

(2) OSR risk management, (3) OSR project oversight experience, (4) proposer experience working/communicating with municipalities, and (5) Fee rate proposal.

Any questions regarding this document must be submitted via the procurement portal’s “Ask a Question” functionality or by email to Tracy Jordan (tjordan@wichita.gov) no later than 5:00 p.m. September 5, 2025.

Questions must be submitted via email or procurement portal, and they will be answered through an addendum made available to all interested parties.

Tentative Schedule RFP Released August 20, 2025 Questions Due Via Email September 5, 2025 5:00 p.m.

Questions Answered Via Addendum September 9, 2025 Proposals Due September 12, 2025 10:00 a.m.

Evaluation September 2025 Project Awarded (tentative) October 2025 mailto:purchasing@wichita.gov https://wichita.gov/PURCHASING mailto:tjordan@wichita.gov

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 2 RFP #250219

Table of Contents

I. OVERVIEW AND SUMMARY

II. PROJECT OBJECTIVES

III. SCOPE OF SERVICES

IV. PROPOSAL TERMS

A. Questions and Contact Information:

B. Proposal Submission:

C. Evaluation Criteria:

D. Minimum Respondent Qualifications:

E. Tentative Schedule:

F. Mandatory Elements:

G. City of Wichita Responsibilities:

H. Debriefing:

I. Challenges and Protests:

V. CONTRACT PERIOD AND PAYMENT TERMS

VI. INSURANCE REQUIREMENTS

VII. GENERAL SPECIFICATIONS:

VIII. REQUEST FOR PROPOSAL CONDITIONS CERTIFICATION (SUBMITTAL LETTER)

IX. ATTACHMENT A – POTENTIAL CONFLICT OF INTEREST

X. ATTACHMENT B – RFQ 250023 SOLICITATION DOCUMENT

XI. ATTACHMENT C – RFQ 250023 ADDENDA

XII. ATTACHMENT D – OSR CONTRACT DRAFT

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Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 3 RFP #250219

I. OVERVIEW AND SUMMARY

This Request for Proposal (RFP) for an Owner’s Site Representative for the Main Water Treatment Plant (MWTP) Emergency Use Project invites submissions of proposals according to the requirements set forth in this RFP, including the format and content guidelines.

The City has elected to use a Progressive Design-Build (DB) procurement method for design and construction of the emergency use conversion as well as an emergency use plan, testing, and operator training and support. Reference RFQ-250023/addenda attachments for more information regarding the Progressive Design-Build for the Main Water Treatment Plant (MWTP) Emergency Use Project.

II. PROJECT OBJECTIVES

This Request for Proposals (RFP) is for a Project Owner’s Site Representative provided by a firm to provide oversight and management of the DB contract for the Main Water Treatment Plant Emergency Use Project including related design, emergency use plan, construction and post-construction tasks, emergency use testing and operator training and support; with administrative and other professional support for the OSR.

The OSR shall be a Professional Engineer licensed in the State of Kansas and will report directly to the City’s Program Manager. The OSR may be employed by an Engineering firm; however, the OSR shall not be currently employed or have other current relationship with a firm(s) under contract to design or construct the new facility as the DB team or firm, nor any partner, supplier, subcontractor, or other relationship to the DB team or firm.

III. SCOPE OF SERVICES

A. Responsibilities and Term of Services

Project Oversite:

• The OSR will work directly and routinely with the Design-Builder’s Project Administrator (PA) and the Owner’s Program Manager. The OSR consults with and reports to the Owner with the Owner being responsible for final responses. The OSR will have the following general duties and responsibilities listed below, but not limited to:

B. Phase One:

1. Duties and Responsibilities General Duties:

• Monitor, review, evaluate, and comment on design and construction-related costs

• Monitor and comment on DB compliance with all applicable regulations, and Owner water quality requirements and goals

• Oversee and provide information to Owner on all Project work activities, project status, and pending issues

• Review pay applications and recommend the amount that the DB should be paid based on

OSR’s knowledge that the work has progressed to the point indicated and the quality of the work is in accordance with the Contract Documents, ensuring the pay applications include a breakdown or details of work acceptable to Owner, and file such with Owner for payment

• Attend and actively participate in meetings with Design-Builder and Owner, such as initial conferences, progress meetings, job conferences and other project-related meetings.

Recording and distribution of minutes of meetings is the responsibility of the DB.

• Prepare a daily report or keep a diary or logbook and provide same to Owner on an agreed upon regular schedule; such log will record the Project’s DB activity and OSR activity daily

• Obtain additional details or information from Owner when requested by the DB for proper execution of the Project

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 4 RFP #250219

• Report to Owner whenever the OSR believes that any work will not produce a completed project that conforms to Owner objectives and/or Contract Documents

• Furnish to Owner weekly reports of issues and progress including, but not limited to, diary or logbook data, schedule compliance, Project costs to date, budget to complete, QC/QA, DB and OSR activity, etc.

• Prepare a construction oversight plan for Phase Two

• Prepare a scope and fee for Phase Two OSR services and negotiate contract with Owner.

2. Coordinative Duties

• Review the methodology, input, and results of DB’s risk and opportunity management and related tools, i.e. risk register. Provide analysis to assist Owner with negotiating risk assignment, contingencies, and allowances.

• Assist Owner with relevant data and information in negotiating the GMP and the Phase Two Amendment to DB’s Contract

• Perform as a liaison between the DB and appropriate Owner Staff in responses to RFI’s, work changes, etc.

• Assist with jurisdictional reviews such as local code and Kansas Department of Health reviews, review DB’s permitting plan and monitor progress, review of design and construction for regulatory compliance

• Assist in project-related mitigation issues

• Review and comment on DB’s plan for integration of asset management, risk register, and asset register into Owner’s CMMS and asset management plan

• Review the DB’s Critical Path Schedule and consult with Owner concerning acceptability

• Review the progress schedule, schedule of Submittals, schedule of values, and cash flow curves prepared by Design/Builder and consult with Owner concerning acceptability

• Review DB’s start-up, commissioning and training plans. Meet with DB and Owner during all

Phases of Project to coordinate such activities prior to initiation

3. Review and Evaluative Duties

• Monitor, review, evaluate, and comment on the DB design process and deliverables throughout the course of development in close collaboration with DB and City Staff to ensure project scope is achieved; perform review of all regulatory submittals; review all specifications and calculations; and provide value engineering with constructability and quality assurance reviews

• Review and evaluate DB’s economic evaluation(s) which include, in part, operations and maintenance costs of the completed Project assets; and review and evaluation of proposed changes in terms of Project estimate and life cycle cost considering design, construction, operation and maintenance at minimum

• Assess the acceptability of all processes, materials, and equipment proposed

• Provide peer review of Project cost and schedule estimates as well as final GMP and schedule presented by DB, including review of cost breakdowns of work bid packages, DB’s self-performed work, subcontractor quotes, contingencies, allowances, general conditions costs, and all other costs

• Review and evaluation of Project standards, specifications, and submittals with Owner

• Review and evaluate any work change or change order requests, including detailed review of costs; and assist Owner with preparation of Owner directed changes

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 5 RFP #250219

C. Phase Two:

1. Additional Duties and Responsibilities

General Duties:

• Provide oversight, administration, and quality assurance of all construction-related activities

• Review and evaluate DB’s Phase Two safety plan

• Be present at Project sites to provide full time construction management services and designate one or more Representatives who shall be at the site(s) when work is being performed

• Oversee project closeout requirements such as occupancy, deliverables, Owner training

• Serve as liaison between Design/Builder and Owner at the Site, working principally through the City’s Program Manager

• Furnish periodic reports as may be requested by the Owner for progress of the construction, status of as-built plans, compliance with the progress schedule of submittals, etc.

2. Coordinative Duties

• Notify Owner of received Submittals, requests for information and change orders available for examination. Review and make recommendations to Owner as appropriate

• Verify that tests of equipment and assets, systems startups, operation and maintenance, and training are conducted in the presence of appropriate personnel

• Verify third party inspections as may be required by Code are performed and recorded

• Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project

• Furnish to Owner copies of all tests, inspections, and system startup data

• Verify DB provides O&M manuals and other as-built information in a timely manner that is coordinated with training of Owner staff and operations of the Project assets; and notify Owner of any incompleteness

• Verify DB provides warranty information needed in a timely manner and notify Owner of any issues

3. Review and Evaluative Duties

• Conduct on-site observations of the construction in progress to assist in determining if the construction is proceeding in general in accordance with the Contract Documents

• Report to Owner whenever the OSR believes that any construction will not produce a completed project that conforms to Owner objectives and/or Contract Documents, and advise of construction that should be corrected or rejected or should be uncovered for observation, special testing, inspection or approval

• Directly participate in all final inspections with the PA and monitor final list of items to be completed or corrected prior to substantial completion of construction and prior to performance testing.

D. Term(s) of Service

The Owner anticipates the design and other DB work in Phase One will start in September 2025 and be completed by September 2026. OSR services will be needed for Project activity days on an undetermined intermittent basis during Phase One pending the frequency and length of meetings as scheduled by the DB as well as the amount of review required by the Owner for submittals and the Design-Builder’s proposed procurements. The anticipated Phase One dates may be delayed or accelerated based on developments affecting the schedule for the project funding process.

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 6 RFP #250219

Owner intends to enter into a contract with a Proposer for OSR services for Phase One only at this time.

During Phase One a contract amendment for Phase Two services will be negotiated. It is anticipated that after Phase One is complete, the Owner and firm contracted for OSR services will enter into the amended contract for Phase Two services.

Pending acquisition of project approvals and funding, it is anticipated the Notice to Proceed (NTP) for Phase Two will be issued approximately September 2026 with substantial completion of construction by October 2028. Pending approval of funding and authorization from the City, the successful Proposer should anticipate entering into service agreement contract for the term of Phase One services on an as-needed basis and for the term of full-time project oversight for Phase Two work. The need for OSR services for Phase Two is dependent on an approved Phase Two Contract Amendment with the DB and OSR services Phase Two Contract Amendment.

• This agreement may be terminated by Owner, for the convenience of the Owner without cause, upon not less than fourteen (14) days prior written notice to the OSR, specifying the termination date of the agreement.

• In the event of termination that is not due to fault of the OSR, Owner shall pay the compensation due for services properly performed prior to the effective date of the termination.

• In the event the OSR, through any cause, fails to perform any of the responsibilities or provisions of the agreement or if they, for any cause, fail to make progress in the work described, or if the OSR impairs or prejudices the interest of the Owner, the Owner shall have the right to terminate this agreement upon notice in writing of the termination date.

The anticipated Substantial Completion date is October 2028 for design and construction of the Project.

Target and required dates for Phase Two will be revised during Phase One.

E. Staffing of Service

The successful Proposer will be required to designate one person as the OSR, on a per day basis as needed/directed by the Owner during Phase One of Project. The successful Proposer will be required to assign one person as the OSR, on a per day basis, excluding City Holidays for the course of Phase Two construction. It is the intent of this RFP that the Proposer provide or assign a single person to fulfill the OSR role plus any additional support needed for Phases One and Two to complete the responsibilities of OSR and also provide for back-up person(s) for OSR vacation or sick days that will occur.

F. Facilities Provided

Office space in the MWTP will be provided for the OSR.

G. Fee Schedule:

Proposed not-to-exceed fee for professional services must provide the following:

• Proposed hourly billing rates must also be included.

• Expected number of hours needed to meet the Scope of Services over the contract period

Phase One Part Time Fee Rates Estimated Time Frame September 2025 to September 2026 OSR $(enter amount)/day

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 7 RFP #250219

Treatment Process Support $(enter amount)/hr Emergency Response Plan Support

$(enter amount)/hr

Construction Management and Costing Support

$(enter amount)/hr

Mechanical Engineering Support $(enter amount)/hr Structural Engineering Support $(enter amount)/hr Electrical Engineering Support $(enter amount)/hr Instrumentation and Control Support

$(enter amount)/hr

Architectural Support $(enter amount)/hr Administrative Support $(enter amount)/hr Clerical Support $(enter amount)/hr

IV. PROPOSAL TERMS

A. Questions and Contact Information:

Any questions regarding this document must be submitted via the procurement portal’s “Ask a Question” functionality or by email to Tracy Jordan, tjordan@wichita.gov in accordance with the dates and times stipulated for questions. Any questions of a substantive nature will be addressed in written form as a posted addendum on the City’s Procurement Portal (wichita.gov/procurementportal) within the “Open Public Opportunities” tab under the associated solicitation number’s “Supporting Documentation.”

Respondents are responsible for checking the City’s Procurement Portal and acknowledging any addenda electronically as a part of the Procurement Portal submission’s electronic acknowledgment for all stipulated response forms and addendum acknowledgments.

To ensure interested parties receive notification of any published addendum by the City, respondents need to verify the selection of “Real Time” on their Procurement Portal - Notification Center settings:

• Accept Invites from Agencies (to receive invitations for new solicitation opportunities)

• Accept Messages (to receive notifications for any published addendum)

Failure to select “Real Time” notification settings will impact your Procurement Portal profile’s ability to receive notifications and messages by the City of Wichita Purchasing Division.

To view your Procurement Portal’s Notification Center settings, log into your account and select Settings, Global Vendor Record, Manage my Organization, and Notifications to view this settings screen. If further assistance is needed, please contact the Purchasing Office directly at purchasing@wichita.gov or by phone at 316-268-4636.

B. Proposal Submission:

Proposals will be received (electronically as stated) in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas 67202, prior to 10:00 O'CLOCK A.M., Friday, September 12, 2025. Proposals are to be submitted electronically through the City’s Procurement Portal (wichita.gov/procurementportal) using a secure login/password.

If a Bonfire registration for system access has not been completed, please visit wichita.gov/purchasing for assistance. On the Purchasing website page, a video tutorial (Bonfire Registration Video) walkthrough and registration resources are available to help in the completion of the registration process. If further mailto:tjordan@wichita.gov https://wichita.gov/procurementportal mailto:purchasing@wichita.gov https://www.wichita.gov/purchasing

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 8 RFP #250219 assistance is needed, please contact the Purchasing Office directly at purchasing@wichita.gov or by phone at 316-268-4636.

All cost incurred in the preparation and presentation of a proposal shall be wholly absorbed by the respondent.

All proposals, including supporting documentation/manuals, shall become the property of the City.

C. Evaluation Criteria:

A Screening and Selection Committee composed of City staff from various departments, and in requested instances, community members will evaluate received proposals. At the discretion of the Selection Committee, respondents may be asked to make an oral presentation to clarify information in their submittal. The Selection Committee will make recommendations regarding the selection to the City Council and request authorization to enter into a contract with the approved firm.

The Staff Screening and Selection Committee will evaluate proposals submitted. Proposal responses will be evaluated on the following but not limited criteria:

OSR Water Treatment Plant and pipeline design and construction experience (25%):

Describe experience with water treatment plant and pipeline design and construction support provided to OSR, as well as knowledge of water treatment plant operations (two page Maximum).

OSR Risk Management (20%):

Describe the OSR’s experience with evaluating and negotiating risk, with asset management concepts, and past involvement in similar projects. Describe the OSR’s experience with contract negotiations. (two page Maximum)

OSR support’s project oversight experience (20%):

Describe the firm’s oversight and/or management experience as described in the RFP (two page maximum)

Proposer experience working/communicating with municipalities (20%):

Communications are of the upmost importance to the Owner and its Design-Builder in design and construction of this facility. Describe the firm’s experience with working/communicating with municipalities, contractors, and other engineering firms and how they will support the City to achieve those goals. (two page maximum)

Fee rate proposal (15%):

Provide Phase One OSR daily rate, for the OSR Person to be assigned to the duration of Project, to be charged for work. Provide hourly rate for key support services roles, which will assist the assigned OSR Person, to be charged for work in Phase One. OSR rates for Phase Two will be negotiated as a part of the OSR work in Phase One. Proposers should take into consideration the Owner intends to use OSR services in increments of per day for part time services in preparation of their rates. The rates provided shall be all-inclusive of all overhead and anticipated expenses as invoiced to the City.

mailto:purchasing@wichita.gov

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 9 RFP #250219

In ranking the Proposals, the Selection Committee will utilize a 100-point scale whereby the maximum points awarded for each of the evaluation criteria will be based on the percentage weight set forth above.

The funding source for this procurement has not been identified. In the event that the City qualifies for, and opts to use, Federal funding through a grant or other appropriation which is appropriate for EBE/DBE participation, the City will consider contractor EBE/DBE participation in accordance with Federal law and regulations. Proposers may submit E/DBE participation as part of their initial response, but the City will not utilize as a scored source selection factor unless and until it identifies a Federal funding source appropriate for both the project and EBE/DBE utilization. In such case, the City will notify participants in the proposal process of its intent to utilize EBE/DBE criteria in source selection and afford all participants an opportunity to provide EBE/DBE information or further amend its proposal.

The Staff Screening and Selection Committee at their discretion may or may not conduct interviews. If interviews are conducted, the Committee may interview part or all of the respondents. The City reserves the right to make an award based on the greatest benefit to the City and not necessarily on the lowest fee proposal.

Following selection by the Staff Screening and Selection Committee, the highest ranked firm(s) will be recommended. The City Council reviews and approves or disapproves of the selection and authorizes the necessary signatures.

The City reserves the right to accept or reject any or all proposals and reserves the right to modify the scope of services during negotiation of the contract. Submission of a proposal indicates acceptance of the conditions contained in the Request for Proposal (RFP) and an agreement to negotiate a contract for services. The City reserves the right to make an award on the basis of greatest benefit to the City and is not obligated to select the lowest cost option.

The City, through its Purchasing Manager, reserves the right to accept or reject any or all proposals and any part or parts of any proposal, and to waive formalities therein to determine which is the most beneficial proposal.

D. Minimum Respondent Qualifications:

This section lists the criteria to be considered in evaluating the ability of firms interested in providing the goods and/or service(s) specified in this Request for Proposal. Firms should meet or exceed these qualifications to be considered for award. Any exceptions to the requirements listed should be clearly detailed in the proposer’s response. Proposers shall:

1. Have experience in providing similar services specified in this RFP.

2. Understanding industry standards and best practices.

3. Provide verification as a licensed Professional Civil Engineer in the State of Kansas.

4. Provide verification of experience as being an owner’s representative on at least two municipal water treatment projects.

5. Provide verification of engineering design including water and/or wastewater industry construction experience for the past eight (8) years.

6. Provide verification of experience evaluating and negotiating risk on at least two municipal projects.

7. Provide statement of availability for the duration of Phase Two services to be local to the project on a full-time basis.

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City of Wichita 10 RFP #250219

8. Have experience in providing goods and/or services of comparable size and complexity to that being requested.

9. Have knowledge of and comply with all currently applicable, and as they become enacted during the contract term, federal, state and local laws, statutes, ordinances, rules and regulations. All laws of the State of Kansas, whether substantive or procedural, shall apply to the contract, and all statutory, charter, and ordinance provisions that are applicable to public contracts in the city shall be followed with respect to the contract.

10. Registration with the Kanas Secretary of State’s Office before contract execution.

11. Having Municipal government experience is preferable; however, the City will make the final determination based on responses received and the evaluation process.

12. Have the capacity to acquire all bonds, escrows or insurances as outlined in the terms of this RFP.

13. Provide project supervision (as required) and quality control procedures.

14. Have appropriate material, equipment and labor to perform specified services.

15. Ensure parking occurs only in designated areas and parking permits are displayed (if provided).

16. Wear company uniform or ID badge for identification purposes.

17. Meet local, state, and federal guidelines as applicable.

E. Tentative Schedule:

The tentative schedule will apply to this Request for Proposal (RFP) and may change according to with the City’s needs or unforeseen circumstances. All dates and times will be in Central Standard Time (CST;

CDT) and can be confirmed through the Purchasing Office located at 455 N. Main 12th Floor Wichita, KS 67202, calling (316) 268-4636, or by contacting the buyer listed on the solicitation document.

Questions of a substantive nature will be reviewed and answered in written form as an addendum and posted to the City’s Procurement Portal at wichita.gov/procurementportal.

Vendors are encouraged to complete vendor registration by visiting the City of Wichita’s Procurement Portal found at wichita.gov/procurementportal, then follow the link to the Bonfire vendor registration page to register your company. Please check our website, wichita.gov/purchasing for upcoming registration opportunities, training dates & locations, and information as it is updated in the near future.

The review and evaluation of the submitted proposals historically takes an estimated 60 to 90 days before notification from the City of Wichita that a contract has been approved by City Council.

Event Date Solicitation Advertised August 20, 2025 Last Day for Written Question September 5, 2025 @ 5:00 p.m.

Addendum Posting September 9, 2025 Proposal Due September 12, 2025 @ 10:00 a.m.

Evaluation/Optional Oral Presentations September, 2025 City Council Approval (tentative) October, 2025

F. Mandatory Elements:

All proposals must adhere to the following guidelines:

1. All proposals must be submitted on 8 ½" X 11” page sizing (no legal size or odd size pages are permitted) and fully address the Scope of Services.

2. A profile of the firm including the official contact person, telephone number and mailing address.

If the firm is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified.

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Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 11 RFP #250219

3. The proposal must include the signature of an official of the firm that is authorized to contract for the firm.

4. The firm’s experience, including length of time in business, and the experience of staff members and their role in this project.

5. A minimum of three (3) professional references with the nature of the services provided and contact information for each reference.

a. Letters of Reference will be submitted as a part of response submission on company letterhead/signature block to identify a submitter and source of reference.

6. Disclose any civil litigation or alternative dispute resolution proceedings involving the Proposer (and any subcontractor proposed in a response submission) within the last year.

a. Continuing disclosure required for any new litigation, arbitration, or other proceeding commencing after proposal submission within 30 days of occurrence in a written statement to the contact person identified.

b. Details of settlements that are prevented from disclosure by law may be annotated as such.

7. Proposal for services and methodology for delivery of services.

8. Reasoning that explains why the proposed approach will achieve the City’s objectives.

9. Timeline for completing the project.

10. Proposals may not be withdrawn for a period of 120 days following the opening of this Request for

Proposal. Prices MUST also be free of duties and federal, state, and local taxes unless otherwise imposed by a governmental body, and applicable to the material on the proposal.

11. Description of any City responsibilities or assistance sought from City staff, including assistance required from the City to ensure expedient project completion and lessen project costs.

12. Completed Request for Proposal Conditions Certification (Submittal Letter) electronic acknowledgment in City Procurement Portal (Yes/No).

13. Completed Request for Proposal Addendum electronic acknowledgment in City Procurement Portal (Yes/No).

14. Exceptions to any part of this document clearly delineated and detailed.

15. Responses that do not include all required forms/items may be deemed non-responsive.

G. City of Wichita Responsibilities:

1. Designate a department contact person for any daily communication(s) required to ensure goods and/or services delivery.

2. Provide Contractor with appropriate facility access(es) for completion of awarded goods and/or services.

3. Provide Contractor with Contact Information for key City staff who will manage the contract.

H. Debriefing:

The City of Wichita encourages solicitation respondents to learn, grow, and improve their competitiveness for City procurement opportunities. In the event of an unsuccessful solicitation response, solicitation respondents may request a debriefing regarding the selection process from the project manager and the buyer/purchasing representative identified in the solicitation document. The City of Wichita Purchasing Office may be directly contacted at (316) 268-4636 for assistance regarding the debriefing process.

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 12 RFP #250219

I. Challenges and Protests:

Challenges A challenge is defined as a written objection by any party interested in responding to either a bid or proposal (collectively referred to as solicitations), when that party wishes to have the City consider an addition, substitution or modification to the specifications stated in the outstanding solicitation.

The written challenge of the solicitation specifications must be filed with the Purchasing Manager located on the 12th Floor, Finance Department at City Hall, 455 N Main, Wichita, KS 67202, telephone number

(316) 268-4636, at least five (5) business days before the solicitation opening due date and time as listed on the solicitation documents. Any challenge to solicitation specifications received after the five (5) business days deadline will not be considered by the City. The Purchasing Manager will acknowledge receipt of the challenge. The written challenge is to include the name, address, email address and telephone number of the interested party, identification of the solicitation number and project title, a detailed statement of the reasons for the challenge, supporting evidence or documentation to substantiate any arguments, and the form of relief requested, e.g. the proposed addition, substitution or modification to the specifications. The Purchasing Manager will investigate the written challenge and any evidence or documentation submitted with the challenge.

In the event of a timely challenge of the solicitation specifications to the Purchasing Manager, the affected pending solicitation shall not proceed further until the challenge is resolved by Purchasing Manager decision. The Purchasing Manager will issue a written decision, which will be posted on the City’s Procurement Portal, wichita.gov/procurementportal for viewing by all interested parties. The decision rendered by the Purchasing Manager will be final.

Protests A protest is defined as a written objection to a proposed award, or the award of a contract, with the intention of receiving a remedial result. In order to be considered valid, a protest must 1) come from an actual bidder or proposer for the contract, 2) who claims to be the rightful award recipient, 3) whose economic interest may be affected substantially and directly by the award of a contract or by the failure to award a contract. Suppliers or subcontractors to a bidder or proposer cannot file a valid protest. A valid protest can only be filed by a bidder or proposer which can show that it would be awarded the contract if the protest were successful. Therefore, all conditions numbered 1 through 3 listed above in this paragraph must be met.

The written protest for bids must be filed with the Contract Compliance Officer located on the 12th Floor, Finance Department, City Hall, 455 N Main, Wichita, KS 67202 prior to 9:00 a.m. of the Tuesday immediately following the posting of the notice of intent to award on the City’s Purchasing Bid Results site wichita.gov/purchasing. Failure of a protestor to file a written protest related to the award of a contract prior to the 9:00 a.m., Tuesday deadline will invalidate that protest and cause it not to be considered.

The written protest for proposals must be filed with the Contract Compliance Officer located on the 12th Floor, Finance Department, City Hall, 455 N Main, Wichita, KS 67202 prior to 5:00 p.m. on the third business day following the day of issuing an email or written notification of award. Failure of a protestor to file a written protest related to the award of a contract prior to 5:00 p.m. on the third business day deadline will invalidate that protest and cause it not to be considered.

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 13 RFP #250219

The Contract Compliance Officer will acknowledge receipt of the written protest. The written protest is to include the name, address, email address and telephone number of the protestor, identification of the solicitation number or contract number and project title, a detailed statement of the reasons for the protest which justify the relief sought, supporting evidence or documentation to substantiate any arguments, and a concise statement of the form of relief requested (e.g. reconsideration of the offer). All the above required information must be included in the protest at its submission. Untimely protests will be returned unopened. Incomplete protests will be rejected without consideration.

In the event of a valid, timely protest, the City shall not proceed with the execution of the contract until all City administrative remedies have been exhausted or waived, or until a determination is made that a contract award is required to protect the interests of the City.

The decision of the Contract Compliance Officer, based on review of the written protest and information available from City sources, will be rendered within ten (10) business days after receipt of protest, will recite the reasons for the decision, and be provided to the protestor by email or written notification.

The protestor may seek reconsideration of the decision of the Contract Compliance Officer’s decision in writing to the Internal Auditor on the 13th Floor, City Manager Office, City Hall, 455 N Main, Wichita, KS 67202 prior to 5:00 p.m. on the third business day following the day of issuing an email or written notification of decision. Failure of a protestor to file a written reconsideration request related to the Contract Compliance decision prior to 5:00 p.m. on the third business day deadline will invalidate that protest and cause it not to be considered. The Internal Auditor decision will be issued by email or written notification, within ten (10) business days after receiving the written reconsideration, unless this time for a response is extended in writing and agreeable by both parties.

The Internal Auditor’s decision will be final, unless the protestor seeks a hearing before the City Council, by written request filed with the City Clerk, located on the 13th Floor, City Hall, 455 N Main, Wichita, KS 67202, prior to 5:00 p.m. on the third business days after issuance of the Internal Auditor written decision.

Failure of a protestor to file a written reconsideration request related to the internal Auditor’s decision prior to 5:00 p.m. on the third business day deadline will invalidate that protest and cause it not to be considered.

If there is a timely written reconsideration request, the protestor may seek reconsideration of the decision of the Internal Auditor by means of a hearing before the City Council. This hearing must be in aid of the City Council’s legislative authority to approve contracts for goods, services, and public improvements on behalf of the City, and does not imply any due process right of the protestor in an unawarded, unexecuted contract. The hearing must be scheduled as soon as practicable according to the City Council’s calendar. The hearing must be granted only upon such facts and issues as are presented in writing to the City Clerk for submission to City Council at or before noon on the Thursday preceding the scheduled hearing. No documents or other evidence must be accepted at the hearing. The protesting party must have available no more than 20 minutes for presentation of argument, followed by no more than 20 minutes of argument presented by City staff. The City Council may deliberate in executive session to seek the assistance of the City Attorney, but must deliver its decision from the bench during the City Council meeting.

If a written protest is made against any proposed award or the award of a contract that relies in part on federal funding, then the Contract Compliance Officer must notify the Granting Authority in writing with all information regarding the protest. A protestor must exhaust all administrative remedies with the City

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 14 RFP #250219 of Wichita before pursuing a protest with the Granting Authority. Protestors are put on notice that according to federal regulations, certain determinations made at the local level are not subject to appeal to the Granting Authority. If a review is granted by the Granting Authority, it will be limited to:

1. the City of Wichita’s failure to have or follow its protest procedures, or its failure to review a complaint or protest; or

2. violations of Federal law or regulations.

The Contract Compliance Officer will provide notice to the Granting Authority Regional Office or Headquarters Office of any request for reconsideration before the City Council, and also provide notice of the decision rendered by the City Council, or any alternative resolution reached.

V. CONTRACT PERIOD AND PAYMENT TERMS

Specific project details (Statement of Work, Milestones, etc) will be negotiated prior to execution of contract.

Once goals as outlined are met and parties mutually agree that terms have been satisfied, the contract shall be complete.

The successful proposer will be required to invoice the City on a monthly basis. Payments for services by the City will be made within 30 days of the approved invoices. Payment will be remitted following receipt of a detailed invoice that, depending upon the scope of services solicited, may require outlining of City-assigned work order number, labor hours, hourly labor cost, materials costs, miscellaneous costs (i.e. – shop supplies, travel time, vehicle charges, etc.). Any payments remitted for installation, maintenance, and/or repair will itemize costs of labor and materials including hourly rate, number of hours worked, and materials costs.

Invoices received that are missing this information will be returned to the vendor for correction.

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 15 RFP #250219

VI. INSURANCE REQUIREMENTS

LIABILITY INSURANCE SPECIFICATIONS

The Successful Bidder will be required to furnish a Certificate of Insurance (prior to the Purchase Order, Agreement, or Contract being issued) with the following minimum coverage:

1. Commercial General Liability

Covering premises---operations, xcu hazards, Product/Completed Operations, Broad Form Property Damage and Contractual Liability with minimum limits as follows:

Bodily Injury Liability $1,000,000 Each Occurrence $2,000,000 Annual Aggregate

Property Damage Liability $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Or Bodily Injury and Property Damage $1,000,000 Each Occurrence Liability (Combined Single Limit) $2,000,000 Annual Aggregate

2. Comprehensive Automobile Liability All Owned, Non-Owned, and Hired vehicles with minimum limits as follows:

Bodily Injury Liability $1,000,000 Each Occurrence

Property Damage Liability $1,000,000 Each Occurrence Or Bodily Injury and Property Damage Liability (Combined Single Limit) $1,000,000 Each Occurrence

3. Workers' Compensation to meet Statutory requirements.

4. Employers Liability $1,000,000 Each Accident $1,000,000 Occupational Disease $2,000,000 Annual Aggregate

The following additional coverages will apply when selected:

Required: YES_X__ NO ___

5. Professional Liability (Claims made basis) $1,000,000 Each Claim $1,000,000 Annual Aggregate Required: YES___ NO _X__

6. Pollution Liability $1,000,000 Each Claim $1,000,000 Annual Aggregate Required: YES_X__ NO _X__

7. Umbrella Liability $1,000,000 Each Claim $1,000,000 Annual Aggregate The Insurance Certificate must contain the following:

The City of Wichita shall be added as primary and non-contributory additional insured. The policy shall also provide coverage for contractor’s/vendor’s contractual obligations created in the Agreement. Coverage shall be the greater of the requirements stated here or the contractor’s existing policy.

The Certificate of Insurance must be submitted within ten (10) days after notification of award to the City of Wichita Purchasing Manager, City Hall, 12th Floor, 455 North Main, Wichita, Kansas, 67202-1694.

END OF SPECIFICATIONS

(12/2023)

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 16 RFP #250219

VII. GENERAL SPECIFICATIONS:

GENERAL SPECIFICATIONS

KANSAS OPEN RECORDS ACT

Pursuant to the Kansas Open Records Act (K.S.A. 45-215 et seq.), all proposals received become a public record once award of the contract or agreement has been approved by the City Council. Consultants should not expect the City to seek confidentiality protection for any claimed privileged or proprietary information in the written qualification just because the material is marked "confidential" or "proprietary." For any essential information that the consultant reasonably believes can be defended as being exempt from disclosure under the Act, the information must be capable of being separated or redacted from the balance of the qualification and should be clearly and specifically marked as confidential or proprietary. For any material so designated, the City will seek to claim confidentiality if the justification for such confidentiality is readily apparent or if the bidder requests that the City to contact the bidders for guidance before making the material public. The City cannot guarantee the confidentially of claimed material, however. Submission of proprietary or other alleged protected business information without prior notice to the City and proper marking may render a proposal or bid non-responsive resulting in disqualification from competition.

PROPOSAL FORMS

All proposals MUST be electronically submitted and acknowledged (Yes/No) by an officer or employee authorized to submit and bind the proposer to the terms of the solicitation and proposer. Any exceptions, to the specifications, terms and/or other conditions concerning the proposal, must be noted in the “proposal" submitted to be considered. The "proposal" is to be submitted electronically through the City’s Procurement Portal (wichita.gov/procurementportal) using a secure login/password. Vendors are requested to submit current literature or brochures relating to their proposal.

CONFLICT OF INTEREST

The firm is required to disclose that it has no conflict of interest with regard to any officer or employee of the companies involved including the City of Wichita.

LICENSE

Vendors bidding on commodities or services for the City of Wichita must be currently licensed by the City of Wichita or the State of Kansas, where applicable, before a purchase order or contract will be issued.

CONTRACT

The successful vendor agrees to enter into a contract with the City, and when required, as per specifications, to furnish bond by a surety company authorized to do business in the State of Kansas.

SUBCONTRACTING/JOINT VENTURES

Respondents are encouraged to consider subcontracting portions of the contract to emerging and disadvantaged businesses and women-owned businesses. A joint venture between two or more vendors is wholly acceptable if it serves the best interests of the City of Wichita. If this is done, the names of the proposed subcontracting vendors must be clearly identified in the qualification. Following an award of the contract, no additional subcontracting will be permitted without the express prior written consent of the City of Wichita. The firm receiving the contract award will be responsible for any work of such subcontractors and sign the contract with the City of Wichita.

EMERGING & DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION ENCOURAGEMENT

The City of Wichita encourages all vendors to include emerging & disadvantaged business participation in their proposals. Therefore, each consultant shall specifically identify the participation of emerging and disadvantaged contractors and subcontractors in the work to be performed by the consultant and shall list such emerging and disadvantaged contractors or subcontractors by name and show the dollar amount of work to be performed by each in the proposal.

ARBITRATION PROVISIONS

"Notwithstanding anything to the contrary contained in these proposal documents or the contract to be awarded herein, the City shall not be subject to arbitration and any clause relating to arbitration contained in these proposal documents or in the contract to be awarded herein shall be null and void."

Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 17 RFP #250219

ANTITRUST LITIGATION CLAUSE

"For good cause, and as consideration for executing a purchase order/contract, the contractor, acting therein by and…