1-250329 Solicitation document.pdf

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

REQUEST FOR PROPOSAL NO. – 250329

Sealed Request for Proposal will be received in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas, prior to 10:00 O'CLOCK A. M., FRIDAY, DECEMBER 5, 2025.

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

Public Works & Utilities Department

Executive Search Firm for Hiring of Senior Division Manager- Water Pumping & Production

AS PER SPECIFICATIONS

F.O.B.: Wichita, KS

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

Sealed proposals shall be received (electronically as stated) in the office of the City Purchasing Manager prior to 10:00 o’clock a.m., Friday, December 5, 2025.

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

Dated at Wichita, Kansas, on the 29th day of October 2025.

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

The City of Wichita is a leading-edge organization serving a dynamic and inclusive community.

City of Wichita 1 RFP #250329

CITY OF WICHITA

FINANCE DEPARTMENT/PURCHASING DIVISION

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

PHONE: (316) 268-4636

PURCHASING@WICHITA.GOV

WICHITA.GOV/PURCHASING

WICHITA.GOV/PROCUREMENTPORTAL

REQUEST FOR PROPOSAL #250329

Executive Search Firm for Hiring of Senior Division Manager – Water Pumping & Production City of Wichita – Public Works & Utilities Department

October 29, 2025

PROJECT DEFINITION

The City of Wichita is seeking proposals from firm(s) to assist & facilitate in the Executive Search Firm for Hiring of Senior Division Manager – Water Pumping & Production for the Public Works & Utilities Department.

This recruitment and selection will be of a highly skilled, visionary, and experienced Senior Division Manager.

The Senior Division Manager will lead the operations of one of the largest and most critical water systems in the region. This high-level leadership role is responsible for overseeing the planning, treatment, production, and pumping of potable water — ensuring that over 400,000 residents have access to safe, reliable drinking water every day.

This position provides strategic direction to a team of plant and program managers, laboratory, and administrative staff, and plays a key role in budget planning, capital improvement prioritization, and regulatory compliance. The Senior Division Manager serves as a subject matter expert on modern water treatment practices, aquifer storage and recovery, and system optimization, reporting directly to the Assistant Director of Public Works & Utilities Department.

We invite interested firm(s) to submit a proposal outlining their approach to identifying, vetting, and recruiting the best candidate for this important position.

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

If you have questions, please email them to Tracy Jordan (tjordan@wichita.gov) no later than 5:00pm November 14, 2025. Questions must be submitted via email, and they will be answered through an addendum made available to all interested parties.

mailto:purchasing@wichita.gov https://wichita.gov/PURCHASING mailto:tjordan@wichita.gov

City of Wichita 2 RFP #250329

Tentative Schedule RFP Released October 29, 2025 Questions Due Via Email November 14, 2025, 5:00pm Questions Answered Via Addendum November 18, 2025 Proposals Due December 5, 2025, 10:00am Evaluation December 2025 Project Awarded (tentative) January 2026

City of Wichita 3 RFP #250329

Table of Contents

I. OVERVIEW AND SUMMARY

II. PROJECT OBJECTIVES

III. SCOPE OF SERVICES

IV. PROPOSAL TERMS

A. Questions and Contact Information:

B. Proposal Submission:

C. Evaluation Criteria:

D. Tentative Schedule:

E. Minimum Respondent Qualifications:

F. Mandatory Elements:

G. City of Wichita Responsibilities:

H. Debriefing:

I. Challenges and Protests:

V. CONTRACT PERIOD AND PAYMENT TERMS

VI. INSURANCE REQUIREMENTS

VII. GENERAL SPECIFICATIONS:

VIII. REQUEST FOR PROPOSAL CONDITIONS CERTIFICATION (SUBMITTAL LETTER)

IX. ATTACHMENT A – CITY OF WICHITA SENIOR DIVISION MANAGER – WATER PUMPING &

PRODUCTION JOB DESCRIPTION

X. ATTACHMENT B – CITY OF WICHITA SENIOR DIVISION MANAGER – BROCHURE

XI. ATTACHMENT C – CITY CONTRACT

TJ/kb

City of Wichita 4 RFP #250329

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.

As the largest regional water provider in Kansas, the City of Wichita serves more than 500,000 people — 17% of the state’s population. This includes Wichita residents, surrounding communities, industries and wholesale customers. Wichita Water Works is intended to meet the needs of all. Our region’s health, economy and vibrancy all depend on a safe, reliable and trustworthy water supply. To ensure this water supply long into the future, the City is replacing its 85-year-old water treatment plant with a state-of-the-art, fully redundant treatment facility that will deliver up to 120 million gallons per day, a capacity anticipated to serve generations to come. The Wichita Water Works facility will begin serving the residents of Wichita in late 2025 or early 2026. Built to last, its scope is truly impressive: a main filter building that is larger than a football field, clarifiers among the country’s largest, and pipes up to 84” in diameter. Meanwhile, Wichita’s water utility includes the only Aquifer Storage & Recovery system in the state of Kansas, and Wichita is poised to become the first utility in the state of Kansas to implement potable reuse, with feasibility and pilot testing expected to kick off soon. The Senior Division Manager will lead the water utility through the monumental transition to the new Wichita Water Works plant and then beyond into potable reuse.

II. PROJECT OBJECTIVES

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

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

III. SCOPE OF SERVICES

The Executive Firm will provide timely, high-quality executive management recruitment for the position of Senior Division Manager – Water Pumping & Production. The current position has been vacant since summer 2025.

The Executive Firm should specialize in recruitment of executive water leadership roles. To be eligible for consideration, the proposing firm must demonstrate that it, or the principal(s) assigned to the project, has successfully completed similar services to those specified in the Scope of Work section, with utilities similar in size and complexity to Wichita’s water utility.

The successful firm will work directly with the Assistant Director of Public Works & Utilities as well as the Human Resources Department and any other City representatives selected to be involved with activities associated with this project.

https://www.wichita.gov/

City of Wichita 5 RFP #250329

The Firm will be familiar with and understand federal, state, and local laws & regulations concerning the management of a Kansas Municipality and Public Records laws.

The successful firm will be responsible for providing the following services:

1. Position Advertising and Candidate Sourcing/Screening: Conduct an extensive search to identify qualified candidates, utilizing various channels. Screen all applicants to ensure they meet the required qualifications and align with the City’s vision and values and the technical requirements of the position. Answer questions from candidates and collect application materials. Acknowledge receipt of candidates’ application materials and maintain communication with all candidates throughout the recruitment process.

2. Candidate Evaluation, Assessment and Recommendation: Provide a detailed assessment of each candidate’s qualifications, experience, and leadership capabilities.

3. Presentation of Final Candidates: Present a shortlist of no less than three top candidates to the Assistant Director of Public Works & Utilities for initial interviews and selection. Provide recommendations based on each candidate's fit with the Wichita water utility’s goals and priorities. Provide a written report summarizing the overall candidate pool and the qualifications of those selected to be interviewed, as well as information about why some were not chosen to be interviewed.

4. Background Check of Finalists. Conduct background checks and reference checks of finalists. Screening shall include background, criminal and credit checks, references, and media checks to ensure the candidates have backgrounds of high integrity. Prepare a confidential reference report on final candidates.

5. Interview Strategies: Advise the Assistant Director of Public Works & Utilities on interview strategies, appropriate questions and evaluation tools.

6. Assistance with Contract Negotiations and Onboarding Support: Assist the City in negotiating a compensation package and employment agreement with the selected candidate.

The 2025 salary range for the Senior Division Manager is $94,371 - $173,023. The salary range is subject to change on or about January 1, 2026, based on an annual Salary ordinance update.

The following relocation bonuses have been pre-approved for this position:

A. Tiered Relocation Reimbursement:

To ease the transition for new hires, Public Works & Utilities will implement a tiered relocation reimbursement based on distance from Wichita. This structure will provide financial support tailored to the individual’s move.

Reimbursement Tiers (outside of residency ordinance boundary):

• Tier 1: Up to 100 miles Reimbursement: $2,000

• Tier 2: 101 to 500 miles Reimbursement: $5,000

• Tier 3: 501 to 1,000 miles Reimbursement: $8,000

• Tier 4: Over 1,000 miles Reimbursement: $10,000

Note: Relocation reimbursements cover moving expenses, temporary housing, and travel costs for the new hire and immediate family members.

City of Wichita 6 RFP #250329

B. Additional Vacation Benefits To enhance work-life balance and attract talent, we will offer additional vacation days up front.

New hires who relocate to Wichita will receive an extra 5 vacation days in their first year of employment, in addition to standard vacation benefits.

IV. PROPOSAL TERMS

A. Questions and Contact Information:

Any questions regarding this document must be submitted via email to Tracy Jordan, tjordan@wichita.gov in accordance with the dates and times stipulated for questions. Any questions of a substantive nature will be addressed in written form as a posted addendum on the City’s Procurement Portal (wichita.gov/procurementportal) within the “Open Public Opportunities” tab under the associated solicitation number’s “Supporting Documentation.” Respondents are responsible for checking the City’s Procurement Portal and acknowledging any addenda electronically as a part of the Procurement Portal submission’s electronic acknowledgment for all stipulated response forms and addendum acknowledgments.

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

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

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

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

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

B. Proposal Submission:

Proposals will be received (electronically as stated) in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas 67202, prior to 10:00 O'CLOCK A.M., Friday, December 5, 2025. Proposals are to be submitted electronically through the City’s Procurement Portal (wichita.gov/procurementportal) using a secure login/password.

If a Bonfire registration for system access has not been completed, please visit wichita.gov/purchasing for assistance. On the Purchasing website page, a video tutorial (Bonfire Registration Video) walkthrough and registration resources are available to help in the completion of the registration process. If further assistance is needed, please contact the Purchasing Office directly at purchasing@wichita.gov or by phone at 316-268-4636.

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

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

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

City of Wichita 7 RFP #250329

C. Evaluation Criteria:

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

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

Ability to Meet Proposal Terms and Conditions (10%)

• Proposal contains all required elements

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

• Verifiable record of professionalism and quality

Project Understanding/Presentation (25%)

• Understanding of project objectives

• Approach to project

• Knowledge of local situation

• Proposed work schedule

• Preparation/presentation/format of proposal

Technical Qualifications/Resources (25%)

• Financial strength of the firm

• Management capabilities

• Qualifications of assigned personnel

• Staff/time availability to handle project within desired period

Experience/References/Past Performance (25%)

• Management capabilities

• Qualifications/knowledge/experience with similar projects

Cost (15%)

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

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

The City reserves the right to accept or reject any or all proposals and reserves the right to modify the scope of services during negotiation of the contract. Submission of a proposal indicates acceptance of the conditions contained in the Request for Proposal (RFP) and an agreement to negotiate a contract for

City of Wichita 8 RFP #250329 services. The City reserves the right to make an award based on greatest benefit to the City and is not obligated to select the lowest cost option.

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

D. Tentative Schedule:

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

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

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

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

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

Event Date Solicitation Advertised October 29, 2025 Last Day for Written Question November 14, 2025 @ 5:00pm Addendum Posting November 18, 2025 Proposal Due December 5, 2025 @ 10:00am Evaluation/Optional Oral Presentations December 2025 City Council Approval (tentative) January 2026

E. Minimum Respondent Qualifications:

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

1. Have a minimum of 5 years’ experience in providing similar services specified in this RFP.

2. Understanding of industry standards and best practices.

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

4. 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.

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

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

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

https://wichita.gov/procurementportal

City of Wichita 9 RFP #250329

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

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

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

11. Submit a cover letter that includes the RFP subject, name of firm, address, contact person with all applicable contact information.

12. Highlight successful placements in other cities similar in size to Wichita during the last five years.

13. Provide number of total searches in the past 3 years and the number of those that were successful.

14. Provide a scope of services and proposed outline of tasks, products, and schedules. Identify the extent of City personnel involvement deemed necessary, including key decision points at each stage of the project. Major proposed deviations from the desired scope of services outlined above should be clearly noted and justified.

15. Provide the name, title, background and experience of the primary consultant for this project.

Identify all staff who would be assigned to work directly or indirectly on this search and throughout the project.

16. If your firm offers a performance guarantee, describe the terms and conditions under which the guarantee applies.

17. Proven experience in recruiting and successfully placing water utility executives or equivalent roles.

18. The ability to provide clear and effective communication throughout the recruitment process and to present information accurately and professionally.

19. Please include any additional services or alternative approaches which may be in the best interest of the City of Wichita.

F. Mandatory Elements:

All proposals must adhere to the following guidelines:

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

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

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

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

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

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

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

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

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

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

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

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

9. Timeline for completing the project.

City of Wichita 10 RFP #250329

10. Proposals may not be withdrawn for a period of 120 days following the opening of this Request for Proposal. Prices MUST also be free of duties and federal, state, and local taxes unless otherwise imposed by a governmental body, and applicable to the material on the proposal.

11. Proposed not-to-exceed fee for professional services. Fees may be proposed as a flat fee, contingency fee, or retained fee with milestone payments. All fee structures must include a not-to-exceed fee amount.

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

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

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

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

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

G. City of Wichita Responsibilities:

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

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

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

H. Debriefing:

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

I. Challenges and Protests:

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

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

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

City of Wichita 11 RFP #250329 modification to the specifications. The Purchasing Manager will investigate the written challenge, and any evidence or documentation submitted with the challenge.

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

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

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

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

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.

City of Wichita 12 RFP #250329

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

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

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

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

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

City of Wichita 13 RFP #250329

V. CONTRACT PERIOD AND PAYMENT TERMS

The term of this contract shall be effective from the execution of this Agreement for one (1) year. Specific project details (Statement of Work, Milestones, etc) will be negotiated prior to execution of contract. Once goals as outlined are met and parties mutually agree that terms have been satisfied, the contract shall be complete.

Either party may cancel its obligations herein upon thirty-day (30) prior written notice to the other party. It is understood that funding may cease or be reduced at any time, and in the event that adequate funds are not available to meet the obligations hereunder, the City reserves the right to terminate this agreement upon thirty (30) days prior written notice to the contracted party. Payment will be remitted following receipt of a detailed invoice.

City of Wichita 14 RFP #250329

VI. INSURANCE REQUIREMENTS

LIABILITY INSURANCE SPECIFICATIONS

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

1. Commercial General Liability

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

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

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

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

Bodily Injury Liability $1,000,000 Each Occurrence

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

3. Workers' Compensation to meet Statutory requirements.

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

The following additional coverages will apply when selected:

Required: YES,_X__ NO ___

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

6. Pollution Liability $1,000,000 Each Claim $1,000,000 Annual Aggregate Required: YES___ 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.

Indemnification: The selected offeror shall indemnify and hold harmless the City and its officers agents, and employees, from and against all claims, liabilities, damages, losses, costs and expenses, including, but not limited to reasonable costs, collection expenses, attorneys’ fees, fees and charges of any professionals, and all court, arbitration or other dispute resolution costs which

City of Wichita 15 RFP #250329 may arise because of the negligence (whether active or passive), misconduct, or other fault, in whole or in part (whether joint, concurrent, or contributing), of the offeror, its officers, agents or employees in performance or non-performance of its obligations under the resulting agreement.

The offeror recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the City when necessary, and voluntarily makes this covenant and expressly acknowledges the receipt of such good and valuable consideration provided by the City in support of these indemnification, legal defense and hold harmless contractual obligations in accordance with the laws of the State of Kansas. This clause shall survive the termination of the resulting agreement. Compliance with any insurance requirements required elsewhere in the resulting agreement shall not relieve offeror of its liability and obligation to defend, hold harmless and indemnify the City as set forth herein. Nothing in the resulting agreement shall be construed or interpreted as consent by the City to be sued, nor as a waiver of sovereign immunity beyond the waiver or limits.

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

END OF SPECIFICATIONS

(12/2023)

City of Wichita 16 RFP #250329

VII. GENERAL SPECIFICATIONS:

GENERAL SPECIFICATIONS

KANSAS OPEN RECORDS ACT

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

PROPOSAL FORMS

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

CONFLICT OF INTEREST

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

LICENSE

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

CONTRACT

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

SUBCONTRACTING/JOINT VENTURES

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

EMERGING & DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION ENCOURAGEMENT

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

ARBITRATION PROVISIONS

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

City of Wichita 17 RFP #250329

ANTITRUST LITIGATION CLAUSE

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

CONSTRUCTION - PAVING PROJECTS

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

RESTORATION

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

FEDERAL EXCISE TAX

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

ESTIMATED QUANTITIES

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

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

CITY OF WICHITA CREDIT CARD

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

DELIVERY

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

AWARD

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

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

City of Wichita 18 RFP #250329

VIII. REQUEST FOR PROPOSAL CONDITIONS CERTIFICATION (SUBMITTAL LETTER)

Solicitation Conditions

1. Certification 1- No Unilateral Contact:

The Consultant hereby certifies they are aware that all communications between a Proposer and the City regarding a proposal or the proposal process should only be directed to Purchasing Division staff. That if any contact with any other City employee that is necessary to clarify technical aspects of the proposal or the RFP that communication will be coordinated through the Purchasing Division and the listed designated project manager. The City Policy prohibits any City employee from having any interaction with any representatives of any entity that is considering or has responded to a RFP; and that any employee can be subject to discipline included termination for violating City Policy.

2. Certification 2-No Improper Influence:

A. The Consultant has not employed or retained for a commission, percentage, brokerage, contingent fee, override or other consideration, any firm or person at any time or for any purpose, (other than a bona fide employee working solely for the above Consultant) to solicit or secure this Agreement.

B. The Consultant has not agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the services of any firm or person in connection with carrying out the Agreement.

C. The Consultant has not paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement, except as here expressly stated (if any).

3. Certification 3- No Publicly Funded Lobbying:

No Lobbying and Influencing Federal and/or City Employees or City Council Members:

A. No Federal or locally appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, an officer or employee or City Council member of the City of Wichita, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant.

B. If…