1-250295 Solicitation Document.pdf

(______________) Published on the City’s Website wichita.gov/legalnotices, Monday, September 29, 2025

REQUEST FOR BID NO. – 250295

Sealed Bids will be submitted electronically 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 31, 2025. “Request for Bid” form MUST be used to submit your bid unless you are submitting your bid on our website (wichita.gov/procurementportal) using your secured login/password to submit a bid for:

Public Works & Utilities/Environmental Health

Excavation of Soils at APEX Site – 1234 N. Wellington

AS PER SPECIFICATIONS

F.O.B.: Wichita, KS

Bids will be opened after ten o’clock a.m., in the Board Room, 1st Floor, City Hall, 455 North Main, Wichita, Kansas.

Specifications and bid forms are on file in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 N.

Main, Wichita, Kansas 67202, (316) 268-4636. This information may also be obtained on our website above.

A PRE-BID CONFERENCE will be held in person at the WATER Center – 101 E. Pawnee, Wichita, Kansas, and online through a TEAMS meeting, on Monday, October 6, 2025, at 10:00 a.m. Those wishing to attend via TEAMS must submit an email request to Darren Brown at dlbrown@wichita.gov at least two days in advance of the pre-bid conference. An invitation to the TEAMS meeting will be sent to those making the TEAMS request.

BID SECURITY in the amount of five per cent (5%) of the bid MUST be submitted with each bid. Bid Security shall be by a Bid Bond ONLY, written by a Bonding Company approved by the United States Treasury Department and licensed to do business in the State of Kansas. Electronic Bids online (wichita.gov/procurementportal) must have the Bid Bond submitted to the City Purchasing Manager prior to bid opening. Bid Bond envelope or file attachment must be marked “BID BOND ENCLOSED”, reference the formal bid number and the due date.

PERFORMANCE BOND FORMS, included in the bid package, are to be used, in the amount of one hundred per cent (100%) of the contract must be furnished by the successful vendor.

A LABOR & MATERIAL PAYMENT BOND FORMS, included in the bid package are to be used, running to the State of Kansas in a sum of not less than the total of the contract, must be furnished by the successful vendor.

Dated at Wichita, Kansas this 29th day of September 2025.

Josh L. Lauber, MBA, CPSM Purchasing Manager https://www.wichita.gov/legalnotices https://wichita.bonfirehub.com/ mailto:dlbrown@wichita.gov https://wichita.bonfirehub.com/

CITY OF WICHITA

FINANCE DEPARTMENT/PURCHASING DIVISION

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

PHONE: (316) 268-4636

WICHITA.GOV/PURCHASING

PURCHASING@WICHITA.GOV

wichita.gov/procurementportal

REQUEST FOR BID #250295

Excavation of Soils at APEX Site – 1234 N. Wellington City of Wichita – Public Works & Utilities

September 29, 2025

PROJECT DEFINITION

The City of Wichita is seeking bids from Contractors to excavate and properly dispose of contaminated soils at the APEX Site at 1234 N. Wellington, Wichita, KS. The scope of work is provided in this Request for Bid (RFB) and its attachments for the Public Works & Utilities Department. The goal of this RFB is to secure the services of a Contractor to facilitate the excavation, transport, and disposal of contaminated soils and backfill the resultant excavation.

SUMMARY OF REQUESTED SCOPE OF SERVICES

The scope of work entails the excavation and proper disposal of contaminated soils at the APEX Site. The excavation is to be backfilled with clean, commercially procured, fill sand provided by an approved vendor. A more detailed Scope of Work is provided as Attachment B.

THE AWARD WILL BE BASED ON THE LOWEST AND BEST TOTAL BASE BID.

Any questions regarding this document must be submitted via the procurement portal’s “Ask a Question” functionality or by email to Jason Brogden (jbroden@wichita.gov) no later than 10:00 a.m., October 24, 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 of Events Solicitation Advertised September 29, 2025 Pre-Bid Meeting at WATER Center – 101 E. Pawnee, Wichita, KS 67211 or via TEAMS October 6, 2025, 10:00 a.m. CT

Qualifications Submittal Due October 17, 2025, 5:00 p.m. CT Written Questions Due October 24, 2025, 10:00 a.m. CT Questions Answered Via Addendum Week of October 27, 2025 Bids Due October 31, 2025, 10:00 a.m. CT City Council Approval November 11, 2025 (tentative) Purchase Order Released December 12, 2025 (tentative) 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 infrastructure; Provide conditions for living well.

City of Wichita 2 RFB #250295

Table of Contents

I. OVERVIEW AND SUMMARY

II. SCOPE OF WORK

III. BID TERMS

A. Questions and Contact Information:

B. Bid Submission:

C. Evaluation Criteria:

D. Tentative Schedule:

E. Minimum Respondent Qualifications:

F. Bid Requirements:

G. City of Wichita Responsibilities:

H. Challenges and Protests:

IV. CONTRACT PERIOD AND PAYMENT TERMS

V. INSURANCE REQUIREMENTS

VI. GENERAL SPECIFICATIONS:

VII. ATTACHMENT A – QUALIFICATIONS REQUIRMENTS

VIII. ATTACHMENT B – SCOPE OF WORK

1.0 INTRODUCTION

1.1 Questions and/or Site Inspection

2.0 BIDDER REPRESENTATIONS

2.1 Modifications to Bid Documents by Addendum

2.2 Errors and Discrepancies in Bid Documents

2.3 Clarifications and Interpretations

2.4 Examination of Site, Plans and Specifications

2.5 Scope of Work Documents

2.6 Bid Attachments

2.7 Mandatory Elements

3.0 Selection Process

3.1 Kansas Open Records Act

3.3. Post Award Conditions

3.4 Subcontracting/Joint Ventures

3.5 Warranty

3.6 Liquidated Damages

3.7 Payments

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

City of Wichita 3 RFB #250295

4.0 SCOPE OF WORK

Project Expectations

4.1 Contractor Components of APEX Excavation

4.2 Final Inspection Deficiencies

4.3 Storage And Supply Of Materials

4.4 Justified Project Delays

4.5 Handling of Equipment

4.6 Damage Control/Adjacent Property Notification

4.7 Hours of Operation

4.8 House Keeping

4.9 Personnel

4.10 Bonding and Insurance Requirements

4.11 Permitting

4.12 Reporting

5.0 BID SUBMITTAL

Pricing is to remain in effect for the duration of the project, estimated to be 50 days from the Notice to Proceed with Construction

IX. ATTACHMENT C – “Interim Remedial Measure Work Plan – APEX East Source Area – 1234 North Wellington Place, Wichita, Kansas”

X. ATTACHMENT F – MISCELLANEOUS DESIGN CRITERIA

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

City of Wichita 4 RFB #250295

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.

The City of Wichita is soliciting requests for bids from vendors and/or firms for excavation of soils for the Public Works & Utilities Department/Environmental Health Division. The City reserves the right to award all, some, or none of the goods/services set forth in this Request for Bid (RFB) to any one proposer based on the City’s review and assessment of the bids meeting the criteria/specifications set forth herein.

The City of Wichita, under an agreement with the Kansas Department of Health and Environment (KDHE) and the Environmental Protection Agency (EPA), is actively engaged in remediation projects aimed at the removal of groundwater contamination within the GM and NIC Sites.

The City has constructed and is currently operating site-wide groundwater remediation systems (pump and treat) that are treating area-wide plumes of these groundwater contaminants. The GM site-wide remediation system has been in operation since 2002. The NIC site-wide remediation system became operational in 2022. This request is for the excavation and disposal of contaminated soils at the APEX Source Area at 1234 N. Wellington.

The soil within the site is contaminated with chlorinated solvents, mainly trichloroethene (TCE). Data showing volatile organic compound levels detected in the soils and groundwater at the site is provided in Attachment B. The successful bidder is not anticipated to come into contact with the contaminated groundwater at this site.

II. SCOPE OF WORK

A detailed Scope of Services is provided as Attachment B. The Scope of Work as provided in Attachment B identifies the tasks to be performed. Approximately 200 in-place cubic yards of concrete rubble will be removed and properly disposed. Available data indicates that the concrete at this site does not contain rebar and would therefore be considered clean rubble. The existing fencing can be recycled, repurposed, or properly disposed of. Approximately 1,420 in-place cubic yards of contaminated soil will be excavated. All excavated soils are to be disposed of at the Plumb Thicket Landfill in Harper County, Kansas. The excavation is to be backfilled with clean, commercially procured fill sand from an approved vendor. Tipping fees for Brooks Landfill and Plumb Thicket Landfill will be billed directly to the City.

The successful bidder must have all appropriate permits to transport special waste on public roads. The City or its representative will secure the permits to properly dispose of the excavated material at the Plumb Thicket Landfill.

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 5 RFB #250295

III. BID 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). 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. Bid Submission:

Bids will be received (electronically as stated) 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 31, 2025 Bids are to be submitted 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 bids, including supporting documentation/manuals, shall become the property of the City.

C. Evaluation Criteria:

Bid Award will be based on the Lowest and Best Total Base Bid from a Responsible and Responsive vendor.

The City, through its Board of Bids and Contracts, reserves the right to accept or reject any or all bids and any part of parts of any bid and to waive formalities therein to determine which is lowest and best bid. Any bid which is incomplete, conditional, obscure, or which contains additions not called for or irregularities of any kind, may be rejected. All bids are awarded subject to a check of the computations mailto:brogden@wichita.gov https://wichita.bonfirehub.com/ mailto:purchasing@wichita.gov https://wichita.bonfirehub.com/ 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 6 RFB #250295 shown on the "Request For Formal Bid" form. In the event of a discrepancy in the extension(s) or total for the item(s), the unit cost shall prevail.

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

D. Tentative Schedule:

The tentative schedule will apply to this Request for Bid (RFB) 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 bidder registration by visiting the City of Wichita’s eProcurement Portal 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.

Event Date Solicitation Advertised September 29, 2025 Pre-Bid Meeting – WATER Center – 101 E. Pawnee or via TEAMS October 6, 2025 @ 10:00 a.m. CT Qualifications Submittal Due October 17, 2025 @ 5:00 p.m. CT Written Questions Due October 24, 2025 @ 10:00 a.m. CT Questions Answered Via Addendum Week of October 27, 2025 Bid Due October 31, 2025 @ 10:00 a.m. CT City Council Approval November 11, 2025 (tentative) Purchase Order Released December 12, 2025 (tentative)

E. Minimum Respondent Qualifications:

Any Contractor interested in submitting a bid for this project must meet the qualifications as stated in Attachment A. Additional criteria to be considered in evaluating the responsiveness of firms interested in providing the goods and service(s) specified in this Request for Bid are provided below. 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. Bidders shall:

1. Have submitted required qualifications material.

2. Have a minimum of 2 years’ experience in providing similar services specified in this RFB.

3. Demonstrate an understanding of industry standards and best practices.

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

5. 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 https://wichita.bonfirehub.com/ https://wichita.gov/procurementportal

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

City of Wichita 7 RFB #250295 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.

6. Be Registered with the Kanas Secretary of State’s Office before contract execution.

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

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

RFB.

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

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

F. Bid Requirements:

1. Completed Bonfire Portal (wichita.gov/procurementportal) submission (or Request for Bid Form signed and dated if submitted via paper).

2. Bids submitted may not be withdrawn for a period of 60 days following the opening of this Request for Bid. 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.

3. Pricing for all stipulated Item(s) and/or Group(s) requirements. Bidders who do not submit pricing for all items when stipulated may be deemed nonresponsive when not adhering to:

a. Lowest and Best Total Base Bid when requested will be calculated by aggregate total No other pricing or miscellaneous charges will be submitted

4. Contractor will be provided a Notice to Proceed for Construction and be given 40 calendar days to excavation and transportation activities. Final completion (100%) of the project is expected within 50 days of Notice to Proceed with Construction. Duration of Project: 50 days from Notice to Proceed for Construction.

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

6. 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. Payment of all tipping fees associated with disposal of rubble and contaminated soils.

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

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

H. 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

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

City of Wichita 8 RFB #250295 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 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 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.

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.

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

City of Wichita 9 RFB #250295

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 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, 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 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.

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

City of Wichita 10 RFB #250295

IV. CONTRACT PERIOD AND PAYMENT TERMS

The term of this contract shall be no more than for a one (1) year period and all deliverables and reporting requirements have been met. Specific project details are provided in this RFB, including Attachment B. 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.

Payment will be remitted following receipt of a detailed invoice that is consistent with the terms specified in the Scope of Work (Attachment B).

BOND REQUIREMENTS

LABOR AND MATERIAL PAYMENT SURETY BOND

A. A LABOR AND MATERIAL PAYMENT SURETY BOND: running to the State of Kansas in a sum not less than the sum total of the purchase order/contract, conditioned that the Contractor or a Subcontractor of the Contractor shall pay all indebtedness incurred for labor furnished, materials, equipment, or supplies used or consumed in connection with or in or about the construction improvements or repairs per the specifications.

B. Said Bond shall be approved by and filed with the Clerk of the District

Court, Sedgwick County Courthouse, 11th Floor, 525 North Main, Wichita, Kansas, 67203, and the filing fee will be paid by the Contractor. In order to be acceptable, this Bond must be issued by a bonding company authorized to do business in Kansas by the Kansas State Department of Insurance. The Bond must delete any reference to a notice period or claims period that is less than the five

(5) year statute of limitations applicable under Kansas law.

C. The receipt for the filing of the Bond shall be furnished within ten (10) working days to the City Purchasing Manager, City Hall, 12th Floor, Wichita, Kansas, 67202, before the purchase order/contract is issued.

PERFORMANCE BOND

A. A PERFORMANCE BOND, acceptable to the City of Wichita, in the amount of one hundred percent (100%) of the total bid must be furnished by the successful bidder. In order to be acceptable, this Bond must be issued by a bonding company authorized to do business in Kansas by the Kansas State Department of Insurance.

The Bond must delete any reference to a notice period or claims period that is less than the five (5) year statute of limitations applicable under Kansas law.

B. Said Bond shall be furnished, within ten (10) working days to the City

Purchasing Manager, City Hall, 12th Floor, 455 North Main, Wichita, Kansas 67202, before the purchase order/contract is issued.

(01-01-03)

BOND TO THE CITY OF WICHITA

Bond #

KNOW ALL MEN BY THESE PRESENTS: That we ____________________________ of the State of in the City of _____________and having authority to do business in the State of Kansas, as principal, and _____________________________________________ a surety corporation of__________________________________________________________ and authorized to do business in the State of Kansas, as surety hereon, are held and firmly bound unto the City of Wichita in the just and lawful sum of __________________________________

Dollars, good and lawful money of the United States of America, to the payment of which the said principal hereby binds itself, its heirs, administrators, executors, successors, trustees, and assigns, and the said surety hereby binds itself, its successors, trustees, and assigns, all jointly and severally, firmly by these presents.

Signed, sealed, and dated at______________, this day of ____________

A.D.

THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the said principal, _____________________________________________________________________ of has this day of _____________

A.D. entered into a contract with the City of Wichita to furnish all of the materials and labor necessary to construct and complete a certain public improvement in the City of

Wichita, as follows: _____________________________________________________________

___________________________________________________________ according to the plans and specifications therefore, heretofor approved by the City Council of the City of Wichita, and on file in the Purchasing Office of the City of Wichita, and within the time and in compliance with every provision of said contract, and to maintain the same for a period of _______ years from date of completion, all in accordance with and as provided in said contract.

NOW THEREFORE if said principal shall well and faithfully and fully comply with all the requirements in the contract for said improvement, and shall complete same according to the terms thereof, and shall maintain said improvement in the manner and form set forth and required by said contract for the period of years from date of completion, and shall save and hold the City of Wichita harmless for all claims and suits brought against it, or the City of Wichita for damages to property or injury to persons arising out of or resulting from the construction of said improvement, or the failure or neglect of said principal to carry out said contract, or to complete and maintain said improvement and the works thereon as provided by the terms and provisions of said contract, then in that case, the obligation to be void; otherwise to be and remain in full force and effect.

The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN WITNESS WHEREOF, The said principal has executed and surety has caused these presents to be signed by its duly authorized Attorney-In-Fact the day and year herein written.

Principal

By _________________________________ (Signature)

(print or type name and title)

City Attorney Surety

Approved as to form: By _________________________________

JCH/tj (Revised 03/2022)

BOND TO THE STATE OF KANSAS

STATUTORY PAYMENT BOND

(G.S. Kan. 60-1111, as amended)

Bond #

KNOW ALL MEN BY THESE PRESENTS, That we ____________________________ as Principal, and ________________________________________________________________ as Surety, are jointly and severally bound unto the State of Kansas in the sum of ____________

Dollars ($ ), for the use and benefit of persons entitled theretofor which

Payment shall well and truly be made, we hereby bind ourselves, our successors, heirs and executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT

WHEREAS, the said ______________________________________________________ has entered into a written contract with the City of Wichita, Kansas, for certain work in connection with the _____________________________________________________________

District Court Bond # ____________________

Wichita, Kansas, under date of ____________________________________________________

NOW, THEREFORE, if the said Principal or the subcontractor or subcontractors of said

Principal shall pay all indebtedness incurred for labor furnished, materials, equipment, or supplies used or consumed in connection with or in or about the construction of or in making such public improvement, this obligation shall be void; otherwise, it shall remain in full force and effect.

The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed and delivered this day of , .

Principal

WITNESS:

By ________________________________ _____________________________ (Signature)

(print or type name and title)

Surety

By ________________________________ Attorney-In-Fact

JCH/lk (Revised 01/2012)

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

City of Wichita 13 RFB #250295

V. 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, errors and omissions, 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___ 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

(12/2024)

VI. GENERAL SPECIFICATIONS:

GENERAL SPECIFICATIONS

BID FORMS

All bids MUST be electronically submitted and acknowledged (Yes/No) by an officer or employee authorized to submit and bind the bidder to the terms of the solicitation and bidder. Any exceptions, to the specifications, terms and/or other conditions concerning the bid, must be noted in the “bid" submitted to be considered. The "bid" 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 bid.

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.

BILLING TERMS

Discounts for prompt payment will be considered in the evaluation of your bid. The discount time will not begin until the City receives all of the commodities or services. If testing is required, the discount time will begin upon completion of the testing. Billing terms must be noted on the bid form to consider the deduction in the award.

CONTRACT

The successful bidder 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 bidders to include emerging and disadvantaged business participation in their bid.

ARBITRATION PROVISIONS

"Notwithstanding anything to the contrary contained in these bid 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 bid documents or in the contract to be awarded herein shall be null and void."

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 bid 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 Bid" form, they are used to evaluate the bid 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 Board of Bids and Contracts 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 Board of Bids and Contracts 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 Board of Bids and Contracts.

AWARD

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

If there are tie bids, the Board of Bids and Contracts will recommend the successful bidder, and final determination will be made by the City Council.

THE AWARD WILL BE BASED ON THE LOWEST AND BEST TOTAL BASE BID.

EXHIBIT A

CITY OF WICHITA MANDATORY CONTRACTUAL PROVISIONS ATTACHMENT

1. Terms Herein Controlling Provisions. The terms of this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the Agreement.

2. Choice of Law. This Agreement shall be interpreted under and governed by the laws of the State of Kansas. Any dispute or cause of action that arises in connection with this Agreement will be brought before a court of competent jurisdiction in Sedgwick County, Kansas.

3. Termination Due To Lack of Funding Appropriation. If, in the judgment of the City’s Director of Finance, sufficient funds are not appropriated to continue the function performed in this Agreement and for the payment of the charges hereunder, City may terminate this Agreement at the end of its current fiscal year. City agrees to give written notice of termination to Contractor at least thirty (30) days prior to the end of its current fiscal year and shall give such notice for a greater period prior to the end of such fiscal year as may be provided for in the Agreement, except that such notice shall not be required prior to ninety (90) days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided to City under the Agreement. City will pay to Contractor all regular contractual payments incurred through the end of such fiscal year; plus, contractual charges incidental to the return of any related equipment. Upon the effective termination of the Agreement by City, title to any such equipment shall revert to Contractor. The termination of the Agreement pursuant to this paragraph shall not cause any penalty to be charged to the City or the Contractor.

4. Disclaimer of Liability. City shall not hold harmless or indemnify any Contractor beyond that liability incurred under the Kansas Tort Claims Act

(K.S.A. 75-6101 et seq.). City specifically reserves and does not intend to waive any and all defenses, limitations of liability or damages, and/or immunities available to it under the Kansas Tort Claims Act or other state or federal law. It is understood that the duty to indemnify or hold harmless includes the duty to defend. This indemnification and hold harmless clause shall apply whether or not insurance policies shall have been determined to be applicable to any of such damages or claims for damages. In no event shall either party be obligated to indemnify the other on account of the negligence or willful misconduct of the party seeking indemnity or any agent or employee thereof.

5. Acceptance of Agreement. This Agreement shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

6. Arbitration, Damages, Jury Trial and Warranties. The City does not ever accept binding arbitration or the payment of damages or penalties upon the occurrence of a contingency, and expressly denies such acceptance for this Agreement. The City never consents to a jury trial to resolve any disputes that may arise hereunder, and expressly denies such consent for this Agreement. Contractor waives its right to a jury trial to resolve any disputes that may arise hereunder. No provision of any document within the Agreement between the Parties will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

7. Representative's Authority to Contract. By signing this Agreement, the representative of the Contractor thereby represents that such person is duly authorized by the Contractor to execute this Agreement on behalf of the Contractor and that the Contractor agrees to be bound by the provisions thereof.

8. Federal, State and Local Taxes. Unless otherwise specified, the proposal price shall include all applicable federal, state, and local taxes. Contractor shall pay all taxes lawfully imposed on it with respect to any product or service delivered in accordance with this Agreement. City is exempt from state sales or use taxes and federal excise taxes for direct purchases. These taxes shall not be included in the Agreement. Upon request, City shall provide to the Contractor a certificate of tax exemption.