1-260056 Solicitation Document.pdf

(______________) Published on the City’s Website wichita.gov/legalnotices, Tuesday, September 8, 2026

REQUEST FOR PROPOSAL NO. – 260056

Sealed Request for Proposal will be received in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas, prior to 10:00 O'CLOCK A. M., FRIDAY, OCTOBER 2, 2026. 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:

PARK & RECREATION DEPARTMENT

Concessions at Athletic Fields

AS PER SPECIFICATIONS

F.O.B.: Wichita, KS

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

Sealed proposals shall be received (electronically as stated) in the office of the City Purchasing Manager prior to 10:00 o’clock a.m., Friday, October 2, 2026.

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

Dated at Wichita, Kansas, on the 8th day of September 2026.

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

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

City of Wichita 1 RFP #260056

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 #260056

Concessions at Athletic Fields City of Wichita – Park & Recreation Department

September 8, 2026

PROJECT DEFINITION

The City of Wichita Park & Recreation Department is seeking one or more qualified concessionaires to provide food, beverage, and related concession services at City-operated athletic fields during leagues, tournaments, and special events. The intent of this solicitation is to establish consistent, high-quality concession operations that enhance the experience of participants and spectators while ensuring reliable service, transparent sales reporting, and equitable revenue sharing with the City.

The selection of the awarded concessionaire(s) by the City’s Staff Screening and Selection Committee will be based on several factors, including: (1) ability to meet proposal terms and conditions, (2) project understanding/presentation, (3) technical qualifications/resources, (4) references/past performance, and (5) commission (6) Small & Emerging Business Enterprise Program participation.

Any questions regarding this document must be submitted via the procurement portal’s “Ask a Question” functionality or by email to Tracy Jordan (tjordan@wichita.gov) no later than 5:00 p.m. September 22, 2026.

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

Tentative Schedule RFP Released September 8, 2026 Questions Due Via Email September 22, 2026 5:00 p.m.

Questions Answered Via Addendum September 25, 2026 Proposals Due October 2, 2026 10:00 a.m.

Evaluation Week of October 5, 2026 Project Awarded (tentative) October 2026 mailto:purchasing@wichita.gov https://wichita.gov/PURCHASING mailto:tjordan@wichita.gov

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

City of Wichita 2 RFP #260056

Table of Contents

1. OVERVIEW AND SUMMARY

2. PROJECT OBJECTIVES

3. SCOPE OF SERVICES

4. 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:

5. CONTRACT PERIOD AND PAYMENT TERMS

6. INSURANCE REQUIREMENTS

7. GENERAL SPECIFICATIONS:

8. REQUEST FOR PROPOSAL CONDITIONS CERTIFICATION (SUBMITTAL LETTER)

9. S/EBE PROGRAM PARTICPIATION DOCUMENTATION

10. ATTACHMENT A – CITY CONTRACT

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

City of Wichita 3 RFP #260056

1. 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.

2. 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.

3. SCOPE OF SERVICES

This request for proposals is to identify a qualified and responsive concessionaire(s) to provide food, beverage, and/or merchandise to the public at athletic events at multiple fields owned/operated by the Park & Recreation Department. Awarded concessionaire(s) must have the capability to cater to sports tournaments, sports league play, and special events held at the locations identified below. It is therefore intentional that a broad scope of expectations is presented for the awarded concessionaire to address in this proposal, and to make recommendations of the type of service that will be provided.

Athletic fields where concessions are desired include:

• South Lakes Sports Complex 5300 S. Meridian Ave, Wichita, KS 67217; and

• Planeview Park Baseball Fields 2819 Fees, Wichita, KS 67210.

The City reserves the right to add or remove concession locations during the contract term based on operational needs. Additional locations may include, but are not limited to, West Douglas Park, West Side Athletic Fields, Dr. Glen Dey Park, Robert Thurman Field at McAdams Park, and other City-operated athletic facilities.

Concessionaire must abide by the following requirements.

• Concessionaire will abide by all laws, regulations, codes and permit requirements of local, state and federal origin pertaining to the servicing, maintenance and operation of public food vending at athletic fields.

• Concessionaire will abide by facility safety, security and use policies and procedures.

Concessionaire will also maintain licenses, permits and certificates, as required by law, pertaining to the operation of such food service enterprises. Health permits must be posted and kept current.

https://www.wichita.gov/

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

City of Wichita 4 RFP #260056

• Concessionaire shall provide food and beverages that comply with all federal, state and local food safety standards. Concessionaire must provide sufficient inventory to meet anticipated attendance.

• The City of Wichita, Department of Park & Recreation, has the right to approve/disapprove all product sold, including type of food and beverage provided. The City has the right to designate type of food or beverage sold in accordance with previous agreements with food and beverage providers. No significant menu changes shall be made without prior City approval.

• The City of Wichita, Department of Park & Recreation will provide such space and utilities deemed necessary to properly operate concessions for scheduled activities.

• The City will beverage refrigerators for non-alcoholic beverages. The concessionaire shall furnish all beverages, food products, paper goods, packaging, serving supplies, condiments, and other consumable items necessary for concession operations unless otherwise specified by the City.

• The beverage refrigerators are provided by the City of Wichita's contracted beverage vendor, Pepsi.

The concessionaire shall purchase and sell Pepsi products in accordance with the City’s beverage agreement.

• Concessionaire shall be responsible for routine operational maintenance and replenishment of supplies necessary to operate concession equipment during assigned activities. The concessionaire shall promptly report any damage, malfunction, or other conditions affecting the operation of City-owned equipment to the City, but no later than one (1) business day after discovery. The City will be responsible for repair of City-owned equipment unless the repair is necessitated by the negligence of the concessionaire.

• Concessionaire shall maintain all concession equipment and designated food service areas in a clean, sanitary, and orderly condition throughout operations. At the conclusion of each day of operation, the concessionaire shall clean the concession stand/facility, remove all trash generated by concession operations, and leave the premises in a clean and orderly condition. Concessionaire shall be responsible for providing cleaning supplies.

• All advertising, signage and menus, etc. must be approved by the City of Wichita, Department of Park & Recreation.

• Concessionaire is responsible for all refunds.

• Concessionaire shall utilize a point-of-sale system or another verifiable method of accurately recording and tracking sales transactions. The selected system shall be capable of producing detailed sales reports acceptable to the City. Monthly sales reports shall be submitted to the City, including gross sales, sales tax collected, net commission calculation, and commission payment due to the City. Monthly sales reports and commission payments shall be submitted to the City no later than the 15th day of each month following the month in which the sales occurred.

• The City reserves the right to inspect sales records and supporting documentation to verify reported revenues and commission payments.

• The City of Wichita, Department of Park & Recreation, will provide schedules of athletic activities to the concessionaire(s) in advance whenever practical and assign concessionaire(s) to designated activities and locations.

o Concessionaire(s) shall operate during all assigned activities unless otherwise approved by the City. Operating hours shall correspond with the duration of scheduled leagues, tournaments, special events, and other programmed activities at the assigned locations.

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

City of Wichita 5 RFP #260056 o The City will make reasonable efforts to notify concessionaire(s) of schedule changes or cancellations as soon as practicable. Concessionaire(s) will not be required to operate during activities that are cancelled due to weather or other circumstances beyond the City’s control.

• Concessionaire shall provide sufficiently trained personnel to efficiently serve anticipated attendance while maintaining food safety and customer service standards.

Proposals should include all the following components.

• State the primary point of contact responsible for scheduling, reporting, invoicing, and operational coordination.

• Describe how you propose to interact with City personnel on issues relating to reporting and payment of revenues, operating the facility, and billing requirements.

• Include a list of all items that will be available for sale, including food and beverage items and non-food (merchandise) items.

• Describe the pricing structure of all products sold.

• Describe how your menu and product offerings would be tailored to accommodate different types of athletic activities, tournaments, special events, attendance levels, and customer demographics.

• State the proposed commission percentage to be paid to the City based on gross sales, excluding sales tax collected from customers.

• Describe the proposed method for recording and tracking sales transactions. If utilizing a digital point-of-sale system, identify the point-of-sale system that will be used and provide sample sales reports or examples of the reporting capabilities. If a digital point-of-sale system will not be utilized, thoroughly describe the method for documenting individual sales transactions, reconciling daily cash collections, maintaining sales records, and preparing monthly sales reports. In either case, the proposal shall explain how the system or method provides sufficient detail and supporting documentation to enable the City to verify gross sales and accurately calculate commission payments.

• Describe the experience, training, certification, and involvement with selling, operating, and promoting the concession service business that is relevant to the proposal. Include names of three

(3) references that are familiar with your experience or ability and the number of years in this particular business. State whether you have worked at recreational, high school, college, professional, or semi-professional sporting events (provide list if available).

• Include a staffing plan that indicates who will be working during the assigned activities (i.e., owner/manager, paid employees, volunteers, etc. and how many of each).

• Provide the details of any proposed changes to the contract provisions that would enhance services provided to the City and the public.

• Describe how you propose to operate the concession services for food and drink and the general types of items to be stocked. Describe a large event or activity where you provided concessions.

How successful was that event?

• Provide proof of insurance per the insurance specifications.

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

City of Wichita 6 RFP #260056

• Provide copies of all required licenses, permits and certificates. Disclose any health department violations occurring within the past three years.

• State the number of calendar days following contract award that would be required before concession services could begin.

• Identify the athletic facility(ies) at which you are proposing to provide concession services. Indicate whether your proposal is limited to specific locations or whether you are willing to provide concession services at any City-designated athletic facility with available concession opportunities.

• Identify any recurring dates, days of the week, or time periods during which you would be unable to provide concession services.

• Describe any operational limitations that could affect your ability to provide concession services at multiple locations or concurrent events.

Performance Expectations

• Maintain reliable attendance for scheduled operations.

• Submit monthly sales reports and commission payments by the agreed-upon due date.

• Maintain all required permits and licenses throughout the contract.

• Respond to City communications within one business day.

• Maintain clean, safe, and professional concession operations.

• Cooperate with City inspections and contract administration.

4. PROPOSAL TERMS

A. Questions and Contact Information:

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

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

To ensure interested parties receive notification of any published addendum by the City, respondents need to verify the selection of “Semi-hourly” 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 “Semi-hourly” 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 mailto:tjordan@wichita.gov

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

City of Wichita 7 RFP #260056 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, October 2, 2026. 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 costs incurred in the preparation and presentation of a proposal shall be wholly absorbed by the respondent.

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

C. Evaluation Criteria:

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

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

Ability to Meet Proposal Terms and Conditions (10%)

• Proposal contains all required elements

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

Project Understanding/Presentation (25%)

• Understanding of project objectives

• Qualifications/knowledge/experience with similar projects

• Approach to project

• Knowledge of local situation

• Preparation/presentation/format of proposal

Technical Qualifications/Resources (25%)

• Financial strength of the firm

• Management capabilities

• Experience of assigned personnel

• Staff/time availability to handle project within desired period mailto:purchasing@wichita.gov https://www.wichita.gov/purchasing mailto:purchasing@wichita.gov

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

City of Wichita 8 RFP #260056

References/Past Performance (10%)

Commission (20%)

Small & Emerging Business Enterprise Program participation (10%)*

*Effective December 30, 2025, the City implemented the revised small business program titled, “Small & Emerging Business Enterprise Program” (S/EBE). Proposers interested in claiming program participation may see their requirements outlined in Section 4. Proposal Terms; F. Mandatory Elements to claim the 10 points afforded towards S/EBE participation. Additional information may be found online at wichita.gov/purchasing.

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

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

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

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

D. Tentative Schedule:

The tentative schedule will apply to this Request for Proposal (RFP) and may change according to 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 September 8, 2026 Last Day for Written Question September 22, 2026 @ 5:00 p.m.

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

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

City of Wichita 9 RFP #260056

Addendum Posting September 25, 2026 Proposal Due October 2, 2026 @ 10:00 a.m.

Evaluation/Optional Oral Presentations Week of October 5, 2026 City Council/City Manager Approval (tentative) October 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 3 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.

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

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

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

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

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

F. Mandatory Elements:

All proposals must adhere to the following guidelines:

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

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

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

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

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

5. A minimum of three (3) professional references with the nature of the services provided and contact information for each reference. Letters of Reference provided by a City of Wichita officer, employee, or agent, participating in preparing the solicitation or participating in source selection or from any City Council member will be prohibited and not considered to prevent improper influence, improper lobbying, or a conflict of interest.

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.

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

City of Wichita 10 RFP #260056

b. A letter of reference written by a City of Wichita employee participating in preparing the solicitation or participating in source selection will not be considered.

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

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

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

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

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

9. Timeline for completing the project.

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

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

11. Proposed City commission.

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. Small & Emerging Business Enterprise (S/EBE) participation demonstrated by a submitted S/EBE

Certification by a federal or state-certified S/EBE; City certified EBE Certification; or having a provable, existing subcontractor relationship for the proposal submission in question demonstrated by the following:

a. S/EBE Utilization Form

b. S/EBE Participation Schedule

c. S/EBE Letter of Intent

d. All other S/EBE Participation attestation, short of actual, provable certification at the time of opening the proposals will warrant zero (0) points.

i. Provided S/EBE lists a respondent would utilize or provided “good faith efforts” will not qualify.

ii. Self-Attestation as an S/EBE at the time of proposal submission will not qualify.

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

17. 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

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

City of Wichita 11 RFP #260056 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 modification to the specifications. The Purchasing Manager will investigate the written challenge and any evidence or documentation submitted with the challenge.

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

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

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

The written protest for proposals must be filed with the Contract Compliance Officer located on the 12th Floor, Finance Department, City Hall, 455 N Main, Wichita, KS 67202 prior to 5:00 p.m. on the third business day following the day of issuing an email or written notification of award. Failure of a protestor

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

City of Wichita 12 RFP #260056 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 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.

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

City of Wichita 13 RFP #260056

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.

5. CONTRACT PERIOD AND PAYMENT TERMS

The term of this contract shall be for a one (1) year period with four (4) one (1) year options to renew under the same terms and conditions by mutual agreement of both parties. Specific project details (Statement of Work, Milestones, etc) will be negotiated prior to execution of contract. Once goals as outlined are met and parties mutually agree that terms have been satisfied, the contract shall be complete.

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

(30) days prior written notice to the contracted party.

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

City of Wichita 14 RFP #260056

6. INSURANCE REQUIREMENTS

LIABILITY INSURANCE SPECIFICATIONS

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

1. Commercial General Liability

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

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

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

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

Bodily Injury Liability $1,000,000 Each Occurrence

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

3. Workers' Compensation to meet Statutory requirements.

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

The following additional coverages will apply when selected:

Required: YES___ NO _X__

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

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

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

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

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

END OF SPECIFICATIONS

(2/2026)

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

City of Wichita 15 RFP #260056

7. 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 small & emerging 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.

SMALL & EMERGING BUSINESS ENTERPRISE PARTICIPATION ENCOURAGEMENT

The City of Wichita encourages all vendors to include small & emerging business participation in their proposals.

Therefore, each consultant shall specifically identify the participation of small & emerging contractors and subcontractors in the work to be performed by the consultant and shall list such small & emerging contractors or subcontractors by name and show the dollar amount of work to be performed by each in the proposal.

ARBITRATION PROVISIONS

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

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

City of Wichita 16 RFP #260056

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.

MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES

The contractor and owner waive claims against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes, but is not limited to:

1) Damages incurred by the owner for rental expenses, for loss of use, income, profit, financing, business and reputation and for loss of management or employee productivity or for the services of such persons; and

2) Damages incurred by the contractor for principal office expenses, including, but not limited to, the compensation of personnel stationed in such principal office, for losses of financing, business and reputation and for the loss of profit, except anticipated profit arising directly from the construction.

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…