1-250312 Solicitation Document.pdf

(______________) Published on the City’s Website wichita.gov/legalnotices, Friday, October 10, 2025

REQUEST FOR BID NO. – 250312

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 24, 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 DEPARTMENT/FLEET DIVISION

19,000 GVW 4x4 Crew Cab with Utility Bed Truck

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.

Dated at Wichita, Kansas this 10th day of October 2025.

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

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 RFB #250312

CITY OF WICHITA

FINANCE DEPARTMENT/PURCHASING DIVISION

455 N. MAIN ST WICHITA, KS 67202

PHONE: (316) 268-4636

WICHITA.GOV/PURCHASING

PURCHASING@WICHITA.GOV

wichita.gov/procurementportal

REQUEST FOR BID #250312

19,000 GVW 4x4 Crew Cab with Utility Bed Truck – Public Works & Utilities Department City of Wichita – Fleet Division

October 10, 2025

PROJECT DEFINITION

The City of Wichita is seeking bids from firm(s) for a 19,000 GVW 4x4 Crew Cab with Utility Bed Truck for the Fleet Division.

One (1) 4x4 Crew Cab with Utility Bed Truck. See Section II. Scope of Services; Meets/Not Meets Response Matrix for extended cab and chassis specifications.

THE AWARD WILL BE BASED ON THE LOWEST AND BEST TOTAL NET BID with OPTION AS

SELECTED.

Any questions may be submitted in writing to Tracy Jordan (tjordan@wichita.gov) no later than 4:00 pm, October 17, 2025. Questions must be submitted via email, and they will be answered through an addendum made available to all interested parties.

Tentative Schedule of Events Solicitation Advertised October 10, 2025 Questions Due Via Email October 17, 2025, 4:00 pm Questions Answered Via Addendum Week of October 20, 2025 Bids Due October 24, 2025 10:00 am City Council (tentative) November 4, 2025 https://www.wichita.gov/PURCHASING mailto:Purchasing@wichita.gov mailto:tjordan@wichita.gov

City of Wichita 2 RFB #250312

Table of Contents

I. OVERVIEW AND SUMMARY

II. SCOPE OF SERVICES

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. GENERAL SPECIFICATIONS:

TJ/kb

City of Wichita 3 RFB #250312

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 August 2020, the city’s total land area was approximately 165.58 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 https://www.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 request for bids from vendors and/or firms for 19,000 GVW 4x4 Crew Cab with Utility Bed Truck for the Fleet 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 anyone proposer based on the city’s review and assessment of the bids meeting the criteria/specifications set forth herein.

II. SCOPE OF SERVICES

The vehicle supplied to meet this specification must be current standard production, new, and unused, substantiated by current published literature and price sheets.

The manufacturer must be prepared to prove satisfactory experience in the design and manufacture of the type of unit described herein. Service facilities staffed by qualified employees with an adequate inventory of parts for repair and service of the unit must be located in the Wichita, Kansas area or qualified factory-trained and certified repair technicians who will travel to the City facility at which the equipment is stored within 24-hours of the repair or service request without expense to the City of Wichita.

Unit bid must meet or exceed industry or SAE standards. Standards used by societies that are not members of the American National Standards Institute will not be accepted.

The following trucks are indicative of the type of vehicle sought in this bid invitation:

Ford F450 – F550 HD 4x4 Ram 4500 – 5500 4x4 Chevrolet 4500 – 5500 4x4 International 4500 – 5500 4x4

Other vehicles by other manufacturers that meet the criterion of this specification are also eligible to bid.

Bidders must return the following form below completed for every space requested in, Section II - Bidder’s Proposal column. Bidders shall indicate that the item being bid is exactly as requested or provide a description to indicate any deviation from the specifications of the item being bid meets or exceeds item specifications.

https://www.wichita.gov/

Meets/Not Meets Response Matrix Section I

City Specifications (Minimum) Section II

Bidder’s Proposal

Specification Meets Not Meets Comments (required if deviation listed)

TYPE:

FULL SIZE, CREW CAB AND CHASSIS, WITH DUAL REAR WHEELS AND 19,000 GVW RATING

MINIMUM.

ENGINE:

MINIMUM 7.3 LITER GAS V8.

WHEEL BASE:

WHEEL BASE TO BE ADJUSTED FOR SPECIFIED 84” CAB TO AXLE UTILITY BODY AND DUAL

REAR WHEELS INCLUDED WITHIN THIS SPECIFICATION.

TRANSMISSION:

MINIMUM HEAVY-DUTY 6-SPEED AUTOMATIC WITH HEAVY DUTY TRANSMISSION OIL

COOLER AND EXTERNAL OIL COOLER.

DIFFERENTIAL:

FACTORY STANDARD FULL FLOATING AXLES.

GEAR RATION – FACTORY STANDARD.

COOLING SYSTEM:

HEAVY-DUTY COOLING SYSTEM ANTI-FREEZE PROTECTION TO -25 DEGREES FAHRENHEIT

MINIMUM

BRAKES:

HEAVY-DUTY POWER ASSIST FOUR WHEEL DISC WITH 4 WHEEL A.B.S.

STEERING:

FACTORY STANDARD POWER STEERING WITH ELECTRONIC STABILITY CONTROL

SUSPENSION:

HEAVY-DUTY SPRINGS AND SHOCK ABSORBERS FRONT AXLE TO BE EQUIPPED WITH

SWAY BAR.

FRONT AND REAR TO MATCH MINIMUM FACTORY PAYLOAD.

City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets Comments (required if deviation listed)

TIRES AND WHEELS:

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 5 RFB #250312

MINIMUM SIX (6) 19-INCH WHEELS WITH STANDARD HUB CAPS. WHEEL COVERS NOT

ACCEPTABLE. SIX (6) BLACKWALL RADIAL ALL SEASON OR ALL TERRAIN TIRES TO MATCH

PAYLOAD/GVW REQUIREMENTS.

ALTERNATOR:

140 AMP MINIMUM OUTPUT CAPACITY WITH AUXILIARY IDLE CONTROL COMPONENTS.

BATTERIES:

DUAL HEAVY DUTY 850 CCA MINIMUM.

INSTRUMENTS:

FACTORY STANDARD.

HEATING AND AIR CONDITIONING:

FACTORY STANDARD HEATEAR, DEFROSTER, AND AIR CONDITIONER.

EXTERIOR PAINT:

FACTORY STANDARD WHITE WITH CLEAR COAT OR APPROVED EQUAL.

MIRRORS:

POWER ADJUSTABLE DUAL RIGHT AND LEFT. TOWING STYLE, OUTSIDE REARVIEW

MIRRORS

INTERIOR:

FACTORY STANDARD GRAY VINYL 40/20/40 SEAT. DRIVER SEAT MUST BE ADJUSTABLE

FORWARD AND BACKWARD AS WELL AS RECLINING.

FLOOR COVERING:

HEAVY-DUTY RUBBER ONE-PIECE FLOOR MAT BLACK IN COLOR. HEAVY-DUTY INSULATION

UNDER FLOOR COVERING IS REQUIRED. HEAVY DUTY FLOOR MATS.

WINDSHIELD WIPERS:

FACTORY STANDARD WITH INTERMITTENT FEATURE.

BUMPERS:

STANDARD FRONT AND REAR BUMPER EQUIPPED WITH FRONT FRAME MOUNTED TOW

HOOKS.

MISCELLANEOUS:

TINTED GLASS ALL FOUR DOORS

POWER WINDOWS/LOCKS

Section II Bidder’s Proposal

Specification Meets Not Meets Comments

MISCELLANEOUS CONTINUED:

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

City of Wichita 6 RFB #250312

FOUR KEYS AND FOUR KEY FOBS PER VEHICLE

TILT STEERING AND CRUISE CONTROL

TRAILER TOW PACKAGE WITH RECEIVER

BACKUP ALARM

FUEL TANK SKID PLATE

TRANSGER CASE SKID PLATE

VEHICLE TO BE EQUIPPED WITH A 10,000 LB RECEIVER HITCH AND A 7 PIN TRAILER WIRING

RECEPTABLE WITH INTEGRATED BRAKER CONTROLLER

ALL OPTIONS AND/OR PACKAGES THAT ARE FACTORY STANDARD ON THE VEHICLE BID

MUST BE PROVIDED ON THE VEHICLE BID.

OPTIONS:

OPTION 1 – 6.7L DIESEL ENGINE.

OPTION 2 - DIRECTIONAL ARROW STICK MODEL WHELEN LED ARROW BOARD MODEL

TACT-85 WITH 35FT CORD (PLACEMENT WILL BE DETERMINED AT TIME OF BUILD).

OPTION 3 – RECTANGULAR LED FRONT GRILL MOUNTED STROBE LIGHTS AND REAR LED

STROBE LIGHTS MOUNTED IN REAR TAILLIGHT HOUSING COLOR TO BE DETERMINED AT

BUILD, CONTACT MIKE CARROLL AT 316-303-8719

OPTION 4 – 3-INCH STAINLESS SIDE STEPS

UTILITY BODY SPECIFICATIONS:

DIMENSIONS:

107 ¼ INCH OVERAL LENGTH

94 INCH OVERAL WIDTH

20 INCH COMPARTMENT DEPTH

54 INCH FLOOR WIDTH

40 INCH MAXIMUM BODY HEIGHT

24 INCH MAXIMUM FLOOR TO COMPARTMENT TOP

Section II Bidder’s Proposal

Specification Meets Not Meets Comments

UTILITY BODY SPECIFICATIONS CONTINUED:

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

City of Wichita 7 RFB #250312

BODY CONSTRUCTION:

14 GAUGE TWO SIDED A40 GALVANNEAL STEEL BODY

3/16 TREADPLATE FLOOR WITH 1-38 INCH RETURN FLANGE ON EACH SIDE WITH SIDE

COMPARTMENT BACK PANEL OVERLAPPING AND INTERLOCKING WITH FLOOR FLANGE TO

PROVIDE SUPPORT FOR WEIGHT OF COMPARTMENT.

20 GAUGE TWO SIDED A 40 GALVANNEL STEEL DOUBLE PANEL DOORS WITH HAT SECTION

REINFORCEMENT.

STAINLESS STEEL CONTINUOUS HINGES FOR FULL LENGTH SUPPORT.

STAINLESS STEEL ROTARY STYLE PADDLE LATCHES.

AUTOMOTIVE BULB TYPE NEOPRENE DOOR SEALS.

DOUBLE SPRING OVER CENTER DOOR RETAINERS ON ALL VERTICAL DOORS.

HEAVY DUTY SLAM STYLE TAILGATE THAT WILL BE USED AS A WORK BENCH.

A MASTERLOCK SYSTEM SHALL BE INSTALLED ON EACH SIDE TO LOCK ALL DOORS AT THE

SAME TIME. TWO PADLOCKS KEYED ALIKE SHALL BE INCLUDED. THE OPERATING

HANDLES FOR THE MASTERLOCK SHALL BE INSTALLED ON THE FRONT OF THE BODY.

CRANE REINFORCEMENT KIT:

A CRANE REINFORCEMENT KIT SHALL BE INSTALLED IN THE STREET SIDE REAR

COMPARTMENT AND BE RATED UP TO 4,000 LBS CRANES.

REINFORCEMENT KIT SHALL BE DESIGNED TO LEAVE COMPARTMENT OPEN FOR

SHELVING ETC.

CROSS TUBES SHALL BE SECURED TO FRAME WITH REAR SHEAR PLATES IN TWO

LOCATIONS ON EACH SIDE.

GRADE EIGHT BOLTS SHALL BE USED TO SECURE SHEAR PLATES TO FRAME.

NO WELDING TO FRAME WILL BE ALLOWED.

BUMPER:

A TAILSHELF STYLE BUMPER SHALL BE INSTALLED.

BUMPER SHALL BE 15 INCH DEEP, 13 INCH TALL, AND 94 INCH WIDE.

BUMPER SHALL HAVE CUTOUTS ON EACH SIDE FOR ACCESS STEPS.

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets Comments

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

City of Wichita 8 RFB #250312

BUMPER CONTINUED:

GRIP STRUT INSERTS SHALL BE USED FOR THE STEPS.

BUMPER SHALL ALSO INCLUDE TWO (2) 4 ½ INCH HOLES ON EACH SIDE FOR AN LED LIGHT

KIT.

TOP OF BUMPER SHALL BE 12 GAUGE TREADPLATE

COMPARTMENT LIGHTING:

½ INCH LED ROPE LIGHTING SHALL BE INSTALLED ACROSS THE TOP AND DOWN BOTH

SIDES OF EACH COMPARTMENT.

ROPE LIGHTING SHALL BE HELD IN PLACE WITH CLAMPS AND TIES. GLUE ON STYLE WILL

NOT BE ACCEPTABLE.

A SWITCH SHALL BE INSTALLED IN THE CAB TO TURN ON COMPARTMENT LIGHTING.

COMPARTMENTATION:

ALL SHELVES SHALL HAVE A 250 LB RATING INCLUDING THE PULLOUT SHELVES UNLESS

OTHERWISE NOTED.

STREETSIDE:

FRONT VERTICLE SHALL HAVE TWO (2) ADJUSTABLE DIVIDER SHELVES WITH DIVIDERS

FOR EACH SLOT.

HORIZONTAL SHALL HAVE OVERLAPPED DOORS AND A 500 LB PULLOUT SHELF WITH ¾

INCH PLYWOOD SHELF TO BE USED AS A WORK STATION. SHELF MUST LOCK IN POSITION

BOTH DIRECTIONS.

REAR VERTICAL SHALL HAVE CRANE REINFORCEMENT KIT. ONE (1) FLAT SHELF SHALL BE

INSTALLED FOR INSTALLTION OF INVERTER. TWO (2) ADJUSTABLE DIVIDER SHELVES WITH

DIVIDERS FOR EACH SLOT SHALL ALSO BE INSTALLED.

Section II Bidder’s Proposal

Specification Meets Not Meets Comments

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

City of Wichita 9 RFB #250312

CURBSIDE:

FRONT VERTICAL SHALL HAVE FIVE (5) DRAWER PULLOUT SHELF ASSEMBLY. EACH

DRAWER TO HAVE FINGER LATCHES WHICH WHEN PULLED TOGETHER RELEASE THE

DRAWER.

HORIZONTAL SHALL HAVE OVERLAPPED DOORS AND ONE (1) ADJUSTABLE DIVIDER SHELF

WITH DIVIDERS FOR EACH SLOT.

REAR VERTICLE SHALL HAVE SIX (6) SWIVEL HOOKS INSTALLED AS HIGH AS POSSIBLE.

TWO (2) HOOKS ON EACH SIDE WALL AND TWO (2) HOOKS ON REAR WALL. TWO (2)

ADJUSTABLE DIVIDER SHELVES WITH DIVIDERS FOR EACH SLOT SHALL ALSO BE

INSTALLED.

HEADACHE RACK:

A 1 ½ INCH SQUARE TUBE HEADER SHALL BE INSTALLED ON FRONT OF BODY.

HEADACHE RACK SHALL BE NO MORE THAN 2 INCH TALLER THAN THE CAB AND TAPERED

TO MATCH CAB.

WIRE MESH SHALL COVER INNER PORTION OF RACK.

HEADACHE SHALL BE BRACED TO ELIMINATE VIBRATION.

RACK SHALL BE SANDBLASTED, PRIMED, AND PAINTED WHITE TO MATCH CAB.

TOWING PACKAGE:

7-WAY RV STYLE PLUG-IN SHALL BE RECESSED INTO BUMPER.

A CLASS IV RECEIVER TUBE SHALL BE INSTALLED IN BUMPER AND PROTRUDE ENOUGH

FROM FACE OF BUMPER TO INSTALL PIN. RECEIVER TUBE SHALL BE REINFORCED AS

REQUIRED TO SUSTAIN 1,200 LB TONGUE WEIGHT AND 12,000 LB TOW WEIGHT.

TWO (2) B40 SAFETY CHAIN D-RINGS TO BE INSTALLED.

LIGHT SYSTEM:

AN LED RECESSED LIGHT KIT SHALL BE INSTALLED IN BUMPER.

STOP/TURN/TAILIGHTS TO BE WHELEN MODEL 2GR00BRT OR APPROVED EQUAL.

Section II Bidder’s Proposal

Specification Meets Not Meets Comments

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

City of Wichita 10 RFB #250312

LIGHT SYTEM CONTINUED:

AN ADDITIONAL SET OF WHELEN STOP/TURN/TAILIGHTS TO BE RECESSED INTO REAR OF

BODY.

AKK MARKER LIGHTS AND THREE LIGHT CLUSTER SHALL BE LED TYPE. A GUARD SHALL

BE INSTALLED OVER THE THREE LIGHT CLUSTER

TWO (2) WHELEN 2FA00ZR OR APPROVED EQUAL TIR 6 STROBE LIGHTS TO BE RECESSED

INTO REAR OF BODY. LIGHTS SHALL BE INSTALL ON INSED OF REAR COMPARTMENTS.

TWO (2) WHELEN TIR 3 STROBE LIGHTS OR APPROVED EQUAL SHALL BE INSTALLED IN THE

FRONT GRILL.

ALL STROBE LIGHTS TO BE WIRED INTO CAB SWITCHES.

A MODEL 2000 REMOTE CONTROLLED GOLIGHT TO BE INSTALLED ON CENTER OF

HEADACHE RACK.

A WHELEN MODEL TACF85 OR APPROVED EQUAL LIGHT BAR SHALL BE INSTALLED ON

REAR OF HEADACHE RACK. CONTROLLER FOR LIGHT BAR TO BE INSTALLED IN CAB IN AN

ACCESSIBLE LOCATION.

ALL WIRING FOR LIGHTS MOUNTED TO HEADACHE RACK SHALL RUN ON THE INSUDE OF

TUBES END EXIT DOWN THE FRONT OF THE BODY.

CARGO TIE DOWNS:

SIX (6) RECESSED D-RING TIE DOWNS TO BE INSTALLED IN CARGO FLOOR (LOCATION OF

THE TIE DOWNS TO BE DECIDED UPON ORDER).

A UNISTRUT RAIL WITH FIVE (5) ADJUSTABLE D-RING TIE DOWNS SHALL BE INSTALLED AS

HIGH AS POSSIBLE ON CURBSIDE.

UNISTRUT RAIL TO RUN FULL LENGTH OF BODY.

INVERTER:

AN ASTON PI-3000W 3,000 WATT OR APPROVED EQUAL INVERTER SHALL BE INSTALLED IN

THE LEFT REAR COMPARTMENT.

3/0 RED AND BLACK CABLES WITH SPLIT LOOM TO BE RAN TO TRUCK BATTERY.

CONTROL PANEL TO BE RECESSED IN DASH IN AN APPROVED LOCATION.

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets Comments

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

City of Wichita 11 RFB #250312

INVERTER CONTINUED:

A 400 AMP FUSE WITH COVER SHALL BE INSTALLED WITH 18 INCHES OF BATTERY TO

PROTECT SYSTEM.

A GFI OUTLET SHALL BE INSTALLED ON CURBSIDE REAR PANEL AND WIRED TO INVERTER.

ALL CABLES EXITING BODY SHALL BE GROMMETED.

CRANE:

MODEL 4000X-16 LIFTMORE CRANE OR APPROVED EQUAL

LIFT CAPCITIES, 4,000 LBS AT 4 FOOT, 2,000 LBS AT 8 FOOT, 1,000 LBS AT 16 FEET

CRANE SHALL BE ELECTRIC OVER HYDRAULIC AND SHALL HAVE POWER BOOM

ELEVATIONS, POWER HOIST, POWER ROTATION, AND POWER BOOM EXTENSION FROM 8

FOOT TO 12 FOOT WITH A MANUAL EXTENSION TO 16 FEET.

WINCH SHALL BE SUPPLIED WITH 70 FEET OF ¼ INCH GALVANIZED AIRCRAFT CABLE. A

TRAVELING BLOCK WITH SWIVEL HOOK AND SAFETY LATCH SHALL BE PROVIDED.

TRAVELING BLOCK SHALL HOOK ONTO BOOM DURING TRAVEL.

360 DEGREE CONTINOUS ROTATION

CRANE SHALL BE EQUIPPED WITH A LOAD SENSOR AND ANTI TWO BLOCK.

1/0 CABLE SHALL RUN FROM CRANE TO TRUCK BATTERY.

A MASTER ON OFF SWITCH TO BE INSTALLED IN CRANE COMPARTMENT AND 150 AMP

MANUAL RESET CIRCUIT BREAKER TO BE INSTALLED WITH 18 FEET OF BATTERY.

CRANE SHALL BE EQUIPPED WITH A HAND HELD WIRELESS REMOTE CONTROL. THE

STANDARD REMOTE CONTROL WITH 25 FEET OF CABLE SHALL ALSO BE INCLUDED.

A BOOM STAND SHALL BE INSTALLED ON TOP OF COMPARTMENT. IT MUST BE TALL

ENOUGH TO CLEAR TRUCK CAB DURING TRAVEL. A MINIMUM OF 8 INCH CLEARANCE FROM

THE CAB TO BOOM TIP IS REQUIRED.

MANUAL PULLOUT, CRANK DOWN OUTRIGGERS SHALL BE INCLUDED. OUTRIGGERS SHALL

PULL OUT ON BOTH SIDES TO AN 11 FOOT SPREAD. THE OUTER OUTRIGGER TUBE SHALL

BE 3 INCH X 5 INCH X 5/16 INCH RECTANGULAR TUBE MINIMUM. THE OUTRIGGER

ASSEMBLY SHALL BE RECESSED WITHIN THE BUMPER. THE MANUAL PULLOUTS SHALL BE

EQUIPPED WITH ROLLER BEARINGS AND SLAM STYLE LATCHES.

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets Comments

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

City of Wichita 12 RFB #250312

PAINTING:

ALL SURFACES SHALL BE PROPERLY SEALED AND PAINTED WHITE TO MATCH THE CAB.

UNDERSIDE OF BUMPER, OUTRIGGER TUBES, AND REINFORCEMENTS SHALL BE PAINTED

BLACK AND UNDERCOATED.

INTERIOR OF CARGO AREA (SIDES, FRONT, AND INSIDE OF TAILGATE) SHALL BE COVERED

WITH A PROTECTIVE LINER SUCH AS RHINO LINING OR APPROVED EQUAL. TOP OF

BUMPER SHALL ALSO BE COATED.

SPRING WORK:

ADDITIONAL LEAF OR LEAVES SHALL BE ADDED TO STREET SIDE REAR SPRING TO

ACCOMMODATE THE WEIGHT OF THE CRANE. CHASSIS SPRINGS SHALL BE REACHED AS

REQUIRED TO LEVEL CHASSIS.

WARNING LIGHTS:

TRUCK TO BE FITTED WITH SPLIT DIRECTIONAL WARNING LIGHTS, WHELEN MODEL TA885

OR APPROVED EQUAL, MOUNTED ON REAR OF SERVICE BODY BETWEEN 4’6” TO 5’ FROM

GROUND LEVEL.

TRUCK TO BE FITTED WITH TWO (2) LED WARNING LIGHTS, WHELEN MODEL RSA03ZCR OR

APPROVED EQUAL, MOUNTED INSIDE OF GRILL.

TRUCK TO BE FITTED WITH TWO (2) WARNING LIGHTS, WHELEN MODEL 5G00FAR OR

APPROVED EQUAL, MOUNTED TO REAR OF SERVICE BODY.

SPECIAL NOTES:

NO FACTORY STANDARD EQUIPMENT OR OPTIONAL PACKAGE EQUIPMENT TO BE

DELETED. ADVERTISING, NO DEALER EMBLEMS, DECALS, OR PLACCARDS TO BE ON THE

VEHICLE.

THE SUCCESSFUL BIDDER SHALL DELIVER EACH ITEM F.O.B. DESTINATION TO THE CITY

OF WICHITA, KS, 67213, 1801 S. MCLEAN BLVD.

Section II Bidder’s Proposal

Specification Meets Not Meets Comments

MANUALS CONTINUED:

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

City of Wichita 13 RFB #250312

THE SUCCESSFUL BIDDER SHALL DELIVER TO THE FLEET MAINTENANCE SUPERVISOR

FOR UNITS FURNISHED UNDER THIS BID TWO SETS OF THE FOLLOWING:

CURRENT EDITION OF THE OPERATIONS MANUAL.

CURRENT EDITION OF THE SERVICE / MAINTENANCE REPAIR MANUAL.

CURRENT EDITION OF THE PARTS MANUAL.

MANUALS MAY BE ON CD-ROM/USB DRIVE. THE UNIT FURNISHED UNDER THIS BID WILL

INCLUDE COMPLETE DIAGNOSTIC SOFTWARE AND ALL NECESSARY HARDWARE

REQUIRED TO DIAGNOSE COMPUTER-GENERATED TROUBLE CODES.

WARRANTY SERVICE:

THREE (3) YEAR/36,000 MILES BUMPER-TO-BUMPER NO DEDUCTIBLE AND FIVE (5) YEAR OR

60,000 MILES POWER TRAIN WITH NO DEDUCTIBLE.

THE SUCCESSFUL BIDDER MUST FURNISH PROOF THEY WILL, AND ARE CAPABLE OF,

PROVIDING PARTS, SERVICE, AND REPAIR TO ALL ITEMS HEREIN SPECIFIED. BIDDER

SHALL FURNISH IN WRITING MANUFACTURER'S STANDARD WARRANTY TERMS AND

CONDITIONS THAT BIDDER AGREES TO ADMINISTER.

CORRECTION OF DEFICIENCIES:

SHOULD IT BE DETERMINED THAT UPON DELIVERY THE VEHICLE(S) FAIL TO MEET THESE

BID SPECIFICATIONS IN ANY RESPECT, THE BIDDER SHALL AT NO EXPENSE TO THE CITY,

CORRECT SUCH DEFICIENCIES WITHOUT DELAY.

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 Tracy Jordan, tjordan@wichita.gov in accordance with the dates and times stipulated for questions. Any questions of a substantive nature will be addressed in written form as a posted addendum on the City’s Procurement Portal (wichita.gov/procurementportal). 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 24, 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 Net Bid with Options as Selected 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 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.

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 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 infrastructure; Provide conditions for living well.

City of Wichita 15 RFB #250312 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 October 10, 2025 Last Day for Written Question October 17, 2025 @ 4:00 pm Addendum Posting Week of October 20, 2025 Bid Due October 24, 2025 @ 10:00 am City Council Approval November 4, 2025

E. Minimum Respondent Qualifications:

This section lists the criteria to be considered in evaluating the responsiveness of firms interested in providing the goods and/or service(s) specified in this Request for Bid. 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. 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 Kanas 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 RFB.

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. 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 Net Bid with Options as Selected. When requested will be calculated by aggregate total. No other pricing or miscellaneous charges will be submitted.

https://wichita.bonfirehub.com/ https://wichita.gov/procurementportal https://www.wichita.gov/purchasing

City of Wichita 16 RFB #250312

4. Timeline of substantial (habitable; usable as intended), and final completion (all work 100% completed; no additional work).

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.

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 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 Vendor Services website, https://selfserviceict.wichita.gov/vss/ 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 https://www.wichita.gov/DocumentCenter/Index/829. 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.

https://selfserviceict.wichita.gov/vss/ https://www.wichita.gov/DocumentCenter/Index/829

City of Wichita 17 RFB #250312

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.

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. (R 09/15)

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

City of Wichita 18 RFB #250312 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.

SOLICITATION

250312 PW_Fleet 19,000 GVW 4x4 Crew Cab with Utility Bed Truck

Responses are due before:

CONTACT INFORMATION

Contact: Tracy Jordan Email: tjordan@wichita.gov Phone: (316) 268-4419 Fax (316) 268-4656 Address: 455 N Main, 12th Floor, Wichita, KS 67202

PLEASE QUOTE DELIVERED PRICES ON THE EQUIPMENT, MATERIAL, OR SERVICES LISTED BELOW

Line # Bid Item Description QTY UOM Unit Price Ext. Price

1 Base Bid: New Unused Current Model 19,000 GVW 4x4 Crew Cab with Utility Bed Truck 1 EA

2 Option 1: 6.7L Diesel Engine 1 EA

3 Option 2: Directional Arrow Stick Model Whelen LED Arrow Board Model Tact-85 with 35FT Cord 1 EA

4 Option 3: Rectangular LED Front Grill Mounted Strobe Lights and Rear LED Strobe Lights Mounted in Rear Tailgate 1 EA

5 Option 4: 3-inch Stainless Side Steps 1 EA

VENDOR NAME TELEPHONE NUMBER (including area code)

VENDOR ADDRESS EMAIL ADDRESS

VENDOR CITY/STATE/ZIP VENDOR TIN/FEIN/SSN

TITLE DELIVERY OR COMPLETION

SIGNATURE PRINT NAME

10/24/2025 10:00:00 AM

RETURN TO:

Submit Electronically to https://wichita.gov/procurem entportal

IN SUBMITTING THIS FORM, THE VENDOR EXPRESSLY AGREES THAT, UPON ACCEPTANCE OF ANY OR ALL ITEMS, UNDER THE TERMS AND CONDITIONS SHOWN AND ATTACHED TO THIS FORM BY THE CITY OF WICHITA, A

CONTRACT SHALL THEREBY BE CREATED.

THIS FORMAL BID FORM MUST BE SIGNED!

mailto:tjordan@wichita.gov https://wichita.gov/procurementportal https://wichita.gov/procurementportal

City of Wichita 19 RFB #250312

IV. GENERAL SPECIFICATIONS:

GENERAL SPECIFICATIONS

BID FORMS

Unless bidding on-line, all bids MUST be submitted on the enclosed "Request For Formal Bid" form and signed by an officer or employee authorized to sign bids. Any exceptions, to the specifications, terms and/or other conditions concerning the bid, must be noted on the front of the "Request For Formal Bid" form to be considered. The "Request For Formal Bid" form is to be submitted in the enclosed pre-address envelope.

Bidders 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.

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 NET BID with OPTIONS AS SELECTED.

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. City makes no representation as to the exemption from liability of any tax imposed by any governmental entity on the Contractor.

9. Insurance. City shall not be required to purchase any insurance against any liability loss or damage to which this Agreement relates, nor shall this Agreement require the City to establish a "self-insurance" fund to protect against any such loss or damage.

Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), Contractor shall bear the risk of any loss or damage to any personal property to which Contractor holds title.

10. Conflict of Interest. Contractor shall not knowingly employ, during the period of this Agreement or any extensions to it, any professional personnel who are also in the employ…