1-250286 Solicitation Document.pdf

(______________) Published on the City’s Website wichita.gov/legalnotices, Tuesday, September 16, 2025

REQUEST FOR PROPOSAL NO. – 250286

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, OCTOBER 10, 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:

VARIOUS DEPARTMENTS, BOARDS, & AGENCIES

On-Call Electrical Repairs

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, October 10, 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 16th day of September 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 #250286

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 #250286

On-Call Electrical Repairs – Various Departments, Boards, & Agencies City of Wichita

September 16, 2025

PROJECT DEFINITION

The City of Wichita is requesting proposals from qualified vendors to provide electrical repair services on an “as-needed” basis. These specifications cover and include, but are not limited to, the furnishing of all labor, equipment, certifications of and amount of insurance, permits, and fees as necessary to accomplish the electrical repair work herein specified. This applies to all commercial buildings and/or residences, either leased or owned by the City of Wichita, its various Departments, Boards & Agencies. The City also reserves the right to accept part or all of a specific proposal, and reserves the right to select a single vendor or more than one vendor to provide service.

The selection of the consulting firm by the City’s Staff Screening and Selection Committee will be based on several factors, including: (1) ability to meet proposal terms and conditions, (2) project understanding/presentation, (3) technical qualifications/resources, (4) references/past performance, and (5) cost.

Any questions regarding this document must be submitted via the procurement portal’s “Ask a Question” functionality or by email to Jason Brogden (jbrogden@wichita.gov) no later than 3:00 p.m. October 3, 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 September 16, 2025 Questions Due Via Email October 3, 2025, 3:00 p.m.

Questions Answered Via Addendum Week of October 6, 2025 Proposals Due October 10, 2025, 10:00 a.m.

Evaluation October 20, 2025 - October 24, 2025 Project Awarded (tentative) November 4, 2025 mailto:purchasing@wichita.gov https://wichita.gov/PURCHASING

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

City of Wichita 2 RFP #250286

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. Tentative Schedule:

E. Minimum Respondent Qualifications:

F. Mandatory Elements:

G. City of Wichita Responsibilities:

H. Debriefing:

I. Challenges and Protests:

V. CONTRACT PERIOD AND PAYMENT TERMS

VI. GENERAL SPECIFICATIONS:

VII. REQUEST FOR PROPOSAL CONDITIONS CERTIFICATION (SUBMITTAL LETTER)

VIII. ATTACHMENT A – CITY CONTRACT

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

City of Wichita 3 RFP #250286

I. OVERVIEW AND SUMMARY

The City of Wichita is the largest city in Kansas with a population of approximately 397,000 and is the seat of Sedgwick County. As of May 2024, the City’s total land area was approximately 167 square miles. Major highways, including the Kansas Turnpike (I-35), Interstate 135 and U.S. 54 (Kellogg Avenue) link the City with a large trade area that encompasses a population of more than 1.1 million people within a 100-mile radius. The City of Wichita employs approximately 3,100 employees providing a full range of municipal services, including police and fire protection, parks and recreation programs, libraries, public housing, municipal transportation, airports, water and sewer utilities, general administration, and other services.

Information regarding the City of Wichita can be found at wichita.gov. The legislative body of the City consists of a six-member City Council, elected by district, and a full-time Mayor elected from the City-at-large. The Council members and the Mayor serve four-year terms overlapping. The Council and Mayor establish general policies, which are executed by the City Manager.

II. PROJECT OBJECTIVES

The purpose of the proposal is to demonstrate the qualifications, competence, and capacity of firms seeking to provide services specified herein for the City of Wichita, in conformity with the requirements of this Request for Proposal. The proposal should demonstrate the qualifications of the firm and the staff to undertake this project. It should also specify the proposed approach that best meets the Request for Proposal requirements.

The proposer must address each of the service specifications under the Scope of Services.

III. SCOPE OF SERVICES

1. The proposer is to bid an hourly labor charge only. This hourly rate is to include any and all incidental costs, such as per diem, portal to portal, and the like. This rate includes specialized forms of electrical work to include but not limited to telephone cabling. The City of Wichita will pay a standard hourly rate for service calls between 8:00 a.m. and 5:00 p.m., Monday through Friday. The City will pay one and one-half (1 ½) times the standard hourly rate for service calls after 5:00 p.m. and all day Saturday, Sunday, and holidays. The hourly rate will be paid for only the time at the job site; no travel time will be paid. Historically, requests for overtime work has been minimal.

2. The minimum charge for the service call per location will be the standard hourly labor rate during regular hours and one and one-half (1 ½) times that rate for the service call after 5:00 p.m., all day Saturday, Sunday, and holidays. Service call must include charges such as fuel, trip, mobilization, personal vehicle, service truck and mileage charges.

3. The contractor shall make such repairs as deemed necessary by the City Department, Board, and Agencies and the Wichita Housing Authority. Such service will be rendered. Contractors must supply twenty-four (24) hour emergency services, seven (7) days a week, including holidays, when needed.

The contractor shall remove and dispose of all salvage material (except any significant amount of copper wire, which is to be returned to Central Maintenance Facility, 1801 South McLean Boulevard/Central Stores or 777 E. Waterman/Transit.

4. The contractor shall respond to a service request on the same day, if the request is received by 10:00 a.m. or on the next day if the service request is received after 10:00 a.m.

5. Contractor’s personnel must dress and act in a professional manner with identification of the company and individual. Due to the increasing security concerns connected with the United States and its government authorities, the City of Wichita will run background investigations on the successful contractor and their employees. In the event that the successful contractor or anyone from the https://www.wichita.gov/

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

City of Wichita 4 RFP #250286 contractor’s personnel does not pass the background investigations, that employee would not have special access.

6. All work is to be completed in a timely manner. No payments will be made to the contractor until the project is satisfactorily completed. This will include satisfactory passing of the electrical inspection on all jobs that require an electrical permit (as required by the Office of Central Inspection).

7. Contractor must clean up the job daily and haul away debris upon completion.

8. Contractor shall, as a condition of final payment, restore all City of Wichita right-of-way and adjacent private property which has been disturbed, damaged, or otherwise affected by the construction to a condition equal to or better than existed prior to the commencement of construction. Such restoration shall include but not limited to regrading and seeding of areas where grass was planted and growing prior to construction; provided, however such regrading and seeding of lawn areas, when completed, shall be considered to the restoration of an area to a condition equal to or better than previously existing grass growth and Contractor shall have no responsibility to ensure growth of such seeded area(s). This restoration shall be considered part of the contract work and the contractor shall be responsible for the performance of such restoration work in the same manner as it is responsible for the performance of the contract work.

9. All work is to be of first-class workmanship and is required to meet all applicable building codes, ordinances, and laws (including ADA).

9.10 Special requirements for work done at City Hall:

9.11 Before work is done in the “Walkerduct” system make sure the electrician performing the work is familiar with the most current article in the National Electrical Code entitled “Underfloor Raceways.”

9.12 Splices or taps will not be allowed in or under device boxes. (Splices or taps can only be made in junction boxes as defined in the same article).

9.13 The use of Self Stripping Electrical Tap Connectors will not be allowed because of past problems with loose connections.

9.14 Every outlet will need its own run back to the header box/junction box where the joints will be made. This is not a Code requirement but will facilitate easy removal of an outlet.

9.15 Pipe nipples used to connect the below surface Walkerduct 2” pipe insert to Pancake Mold boxes or to any other surface mount box shall be minimum ¾ “ inside diameter.

9.16 The City reserves the right to turn down any work that is not done in a neat and professional manner.

9.17 When making changes to existing circuits at Wichita City Hall, notify Building Services at 268- 4122 or 268-4636 so plans can be updated.

9.18 Telephone lines are to be brought up from the Walker Duct in an approved manner.

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

City of Wichita 5 RFP #250286

9.19 When outlets are moved or removed, it is the Contractor’s responsibility to properly close the holes with their materials. City will provide new carpet square (applicable to City Hall).

9.20 When new wiring is installed, it shall comply with the latest National Electrical Code, requiring every circuit to have its own individual neutral conductor. It is required that all hot and neutral conductors be labeled with panel and circuit numbers in every junction box. A ground wire shall be installed in all raceways, including the “Walkerduct”. A grounding buss is to be installed in all “Header Boxes” for all the ground wires attached to.

10. All work shall be done by or under the direct supervision of a licensed Journeyman or Master Electricians.

Apprentices will be allowed, but a minimum of one Journeyman shall be present at all times for each two apprentices on the job. Proof of certification may be required.

11. Contractor is responsible for protecting his or her personnel and others from injury on work done for the City. An approved lock-out/tag-out program shall always be followed when working on anything with hazardous energy. Must meet or exceed all applicable City codes and standards for safety.

12. After any and all work herein specified has been completed, the Contractor shall guarantee his or her work to be free from defects for a period of one year. Such defects shall apply to faulty materials and workmanship. In the event of the development of said defects, the Contractors shall remedy the failure at his or her own expense within a reasonable time after the notice. All electrical equipment shall be guaranteed by the manufacturer for one year.

13. Contractor may be requested to submit a quotation on a project at no additional cost. The City of Wichita reserves the right to accept or reject any and all bids. The City of Wichita reserves the right to competitively bid projects per the City's bid process.

MATERIALS:

1. Materials used shall conform to all Federal, State, and Local Ordinances and laws, and shall be acceptable to the City Departments, Boards, and Agencies.

2. The City of Wichita, its Departments, Boards, and Agencies reserve the right to designate the grade, type, style, and price range for devices and/or materials supplied by the contractor under this contract.

LICENSING & CERTIFICATION:

1. The contractor must be licensed by the City of Wichita during the term of the contract. Not only for electrical but also for Fire Alarm work in the City. All fire alarm work must be done by or under the direct supervision of a fire alarm contractor licensed by the City of Wichita with Nicet Level II Certification as required by the Office of Central Inspection and the Wichita Fire Department.

PERMITS:

1. The contractor must obtain the necessary permit(s) for all new electrical installations, additions to existing circuits, new outlets, and light fixtures. If there is any doubt about if a permit is required, O.C.I. will have the final jurisdiction. The permit number shall be included somewhere on the invoice to aid in verification.

INSURANCE:

1. The contractor will be responsible for damages and must carry Public Liability Insurance.

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

City of Wichita 6 RFP #250286

2. Certificate of Insurance issued by the insurance company, or a copy thereof showing such coverage, must be furnished by the successful proposer. This coverage must remain in effect during the term of the contract.

INVOICING:

1. Contractor to supply a detailed invoice stating the type of work performed for each electrical repair.

Invoices to contain the address where the work has been done, the name of the person who authorized the work, work order number if provided, date and time the work was provided, number of hours times the contract hourly rate (any over time or Holiday charges if applicable), a detail of the material used showing quantities of each item, part number, brand name, description and unit cost of each item, any equipment used if applicable, and signed by the City representative at the job site. For work that requires a permit, the permit number will need to appear on the invoice.

2. Percentage for parts/materials should be calculated as cost times markup. For example: Parts cost $1,000 x 20% mark-up = $1,200 ($1,000 x 20%= $200, $1,000 + $200=$1,200, $1,200 is what should be invoiced)

PAYMENTS:

1. Contractor should render the invoice upon completion of the repair directly to the requesting department, so that payment can be on the next available pay date.

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 Jason Brogden, jbrogden@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.

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 7 RFP #250286

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, October 10, 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 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*:

Ability to Meet Proposal Terms and Conditions (5%)

• Proposal contains all required elements

• No conflict of interest with the City, current City Council members, or staff

• Verifiable record of professionalism and quality

Project Understanding/Presentation (35%)

• Understanding of project objectives

• Approach to project

• List heavy equipment that is part of your inventory, such as bucket trucks, scissors lifts, and trenchers, the number of service trucks, and any fees that may be associated.

• Staff/time availability to handle project(s) within desired period

Technical Qualifications/Resources (35%)

• The number of years your firm has been in business

• How many licensed electricians are in your organization, years of electrical experience, and their certification (Master, Journeyman, or Apprentice). Also, list the number of electricians with BICSI certifications.

• List your qualifications and experience for electrical repairs on residential, commercial, and large industrial facilities. List your qualifications and experience on specialized services such as BICSI certified work, the ability to perform infrared technology, and Fire Alarm Nicet Level II certification.

https://wichita.gov/procurementportal https://www.wichita.gov/purchasing 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 8 RFP #250286

• Include any other information not listed above that would demonstrate your qualification and ability to provide electrical repair services.

References/Past Performance (10%)

• List five (5) references, include the company name, contact person, and phone number. Include two

(2) which represent large industrial facilities operating on evenings and weekends. Indicate electric service sizes on these facilities.

Cost (15%)

• Provide fees for Standard Hourly Rate, Hours M-F 8:00 am to 5:00 pm, for the licensed electrician

(Apprentice, Helper, Journeyman, and Master Electrician) hourly rate per man per hour on commercial and/or residential services.

• Provide the percentage markup above cost on parts.

*As of August 1, 2025, the City will temporarily suspend use of its E/DBE scoring criteria in non-Federally funded contracts while the E/DBE programs undergo review and modification. Any additional information may be found on the City’s Federal Compliance page found at wichita.gov/transparency.

The Staff Screening and Selection Committee, at its 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 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. Tentative Schedule:

The tentative schedule will apply to this Request for Proposal (RFP) and may change according to 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 https://www.wichita.gov/transparency

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

City of Wichita 9 RFP #250286 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 September 16, 2025 Last Day for Written Question October 3, 2025 @ 3:00 p.m.

Addendum Posting Week of October 6, 2025 Proposal Due October 10, 2025 @ 10:00 a.m.

Evaluation/Optional Oral Presentations Week of October 20, 2025 City Council Approval (tentative) November 4, 2025

E. 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. Understanding of industry standards and best practices.

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

3. 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.

4. Registration with the Kansas Secretary of State’s Office before contract execution.

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

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

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

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

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

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

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

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.

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.

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

City of Wichita 10 RFP #250286

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. 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.

10. Proposed hourly billing rates, parts mark-up, and/or any other fees.

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 are 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.

4. The City staff will clean water, chemical or cleaning solutions spills, or dirt left on office or hall flooring surfaces. The City will then bill the Contractor at a rate of $18.00 per hour (1 hour minimum) plus cost of material such as carpet, tile and etc.

5. City maintenance personnel will perform normal mechanical maintenance of product dispensers. The City staff will repair damage done by Contractor’s employees to dispensers (internal breakage or obvious vandalism) and the City will then bill the Contractor at a rate of $18.00 per hour (1 hour minimum).

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 11 RFP #250286

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 12 RFP #250286

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 13 RFP #250286 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

The term of this contract shall be for a one (1) year period with two (2) one (1) year options to renew under the same terms and conditions by mutual agreement of both parties. 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.

Either party may cancel its obligations herein upon thirty-day (30) prior written notice to the other party. It is understood that funding may cease or be reduced at any time, and in the event that adequate funds are not available to meet the obligations hereunder, the city reserves the right to terminate this agreement upon thirty (30) days prior written notice to the contracted party. 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 14 RFP #250286

VI. 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 15 RFP #250286

ANTITRUST LITIGATION CLAUSE

"For good cause, and as consideration for executing a purchase order/contract, the contractor, acting therein by and through its authorized agent, hereby conveys, sells, assigns, and transfers to the City of Wichita, all rights title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Kansas, relating to the particular product, products, or services purchased or acquired by the City of Wichita, Kansas, pursuant to a purchase order/contract.

CONSTRUCTION - PAVING PROJECTS

On construction or paving projects, contractors MUST contact the City Controller's Office, City Hall, 12th Floor, 455 North Main Street for a Kansas Sales Tax Exemption Certificate prior to starting work. Contractors will be responsible for paying Kansas Sales Tax on any purchase for these projects made before the certificate is issued.

RESTORATION

"Contractor shall, as a condition of final payment, restore all right-of-way and adjacent private property which has been disturbed, damaged or otherwise affected by construction to a condition equal to or better than existed prior to the commencement of construction. Such restoration shall include but not be limited to regrading and seeding of areas where grass was planted and growing prior to construction; provided, however, such regrading and seeding of lawn areas, when completed, shall be considered to be restoration of an area to a condition equal to or better than previously existing grass growth and Contractor shall have no responsibility to ensure growth of such seeded area(s). This restoration shall be considered part of the contract work and Contractor shall be responsible for the performance of such restoration work in the same manner as it is responsible for the performance of the contract work."

FEDERAL EXCISE TAX

The articles specified in this proposal are for the exclusive use of the City of Wichita, Kansas. Therefore, Federal Excise Tax shall not be imposed. The City of Wichita, Kansas Federal Excise Tax Exemption Certificate Number is 48 77 0021K.

ESTIMATED QUANTITIES

If estimated quantities are shown, on the "Request For Formal Proposal" form, they are used to evaluate the proposal only.

The figure(s) listed is the estimated usage only and is not intended to limit or guarantee in any way, the amount the City may purchase under the purchase order/contract.

CITY OF WICHITA CREDIT CARD

Presently, many City Agencies use a City of Wichita Procurement Card (Visa) in lieu of a City warrant to pay for some of its purchases. No additional charges will be allowed for using the card.

DELIVERY

Delays in delivery caused by bona fide strikes, government priority or requisitions, riots, fires, sabotage, acts of God or any other delays deemed by the Purchasing Manager to be clearly and unequivocally beyond the contractor's control, will be recognized by the City, and the contractor will be relieved of the responsibility of meeting the delivery time, as stipulated in the contract, upon contractor's filing with the Purchasing Manager a notarized just and true statement signed by a responsible official of the contractor's company, giving in detail all the essential circumstances which, upon verification by the City, justifies such action by the Purchasing Manager.

AWARD

The City, through its Purchasing Manager reserves the right to accept or reject any or all proposals and any part of parts of any proposal and to waive formalities therein to determine which is the most beneficial proposal. Any proposal which is incomplete, conditional, obscure, or which contains additions not called for or irregularities of any kind, may be cause for rejection of the proposal. All proposals are awarded subject to a check of the computations shown on the "Request For Proposal" form. In the event of a discrepancy in the extension(s) or total for the item(s), the unit cost shall prevail.

Vendors must guarantee proposal prices for a period of one hundred twenty (120) days after the proposal submission.

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

City of Wichita 16 RFP #250286

VII. REQUEST FOR PROPOSAL CONDITIONS CERTIFICATION (SUBMITTAL LETTER)

Solic…