1-260078 Solicitation Document.pdf

(______________) Published on the City’s Website wichita.gov/legalnotices, Tuesday, March 31, 2026

REQUEST FOR BID NO. – 260078

Sealed Bids will be submitted electronically in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas, prior to 10:00 O'CLOCK A. M., FRIDAY, APRIL 17, 2026.

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

PUBLIC WORKS & UTILITIES DEPARTMENT/FLEET DIVISION

16,000 GVW 4 X 4 Cab and Chassis with Herbicide Spray Rig

AS PER SPECIFICATIONS

F.O.B.: Wichita, KS

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

Specifications and bid forms are on file in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 N. Main, Wichita, Kansas 67202, (316) 268-4636. This information may also be obtained on our website above.

Dated at Wichita, Kansas this 31st day of March 2026.

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

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

build dependable infrastructure; Provide conditions for living well.

City of Wichita 1 RFB #260078

CITY OF WICHITA

FINANCE DEPARTMENT/PURCHASING DIVISION

455 N. MAIN ST WICHITA, KS 67202

PHONE: (316) 268-4636

WICHITA.GOV/PURCHASING

PURCHASING@WICHITA.GOV

wichita.gov/procurementportal

REQUEST FOR BID #260078

16,000 GVW 4 X 4 Cab and Chassis with Herbicide Spray Rig – Public Works & Utilities Department

City of Wichita – Fleet Division

March 31, 2026

PROJECT DEFINITION

The City of Wichita is seeking bids from firm(s) for a 16,000 GVW 4 x 4 Cab and Chassis with Herbicide Spray Rig.

One (1) 4 x 4 Cab and Chassis with Herbicide Spray Rig. See Section II. Scope of Services; Meets/Not Meets Response Matrix for extended cab and chassis specifications.

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

Any questions may be submitted in writing to Jason Brogden (jbrogden@wichita.gov) no later than 3:00 pm, April 10, 2026. Questions must be submitted via email, and they will be answered through an addendum made available to all interested parties.

Tentative Schedule of Events Solicitation Advertised March 31, 2026 Questions Due Via Email April 10, 2026, 3:00 pm Questions Answered Via Addendum Week of April 13, 2026 Bids Due April 17, 2026 10:00 am City Council (tentative) April 28, 2026 https://www.wichita.gov/PURCHASING mailto:Purchasing@wichita.gov mailto:jbrogden@wichita.gov

City of Wichita 2 RFB #260078

Table of Contents

I. OVERVIEW AND SUMMARY

II. SCOPE OF SERVICES

III. BID TERMS

A. Questions and Contact Information:

B. Bid Submission:

C. Evaluation Criteria:

D. Tentative Schedule:

E. Minimum Respondent Qualifications:

F. Bid Requirements:

G. City of Wichita Responsibilities:

H. Challenges and Protests

IV. GENERAL SPECIFICATIONS:

City of Wichita 3 RFB #260078

I. OVERVIEW AND SUMMARY

The City of Wichita is the largest city in Kansas with a population of approximately 397,000 and is the seat of Sedgwick County. As of August 2020, the city’s total land area was approximately 165.58 square miles.

Major highways, including the Kansas Turnpike (I-35), Interstate 135 and U.S. 54 (Kellogg Avenue) link the City with a large trade area that encompasses a population of more than 1.1 million people within a 100-mile radius. The City of Wichita employs approximately 3,100 employees providing a full range of municipal services, including police and fire protection, parks and recreation programs, libraries, public housing, municipal transportation, airports, water and sewer utilities, general administration, and other services.

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

The City of Wichita is soliciting request for bids from vendors and/or firms for 16,000 GVW 4 x 4 Cab and Chassis with Herbicide Spray Rig for the Fleet Division. The City reserves the right to award all, some, or none of the goods/services set forth in this Request for Bid (RFB) to anyone proposer based on the city’s review and assessment of the bids meeting the criteria/specifications set forth herein.

II. SCOPE OF SERVICES

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

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

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

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

Ford F450 Ram 4500

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

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

https://www.wichita.gov/

Meets/Not Meets Response Matrix Section I

City Specifications (Minimum) Section II

Bidder’s Proposal

Specification Meets Not Meets Comments (required if deviation listed)

TYPE:

FULL SIZE, CAB AND CHASSIS, 4 X 4 WITH OFF-ROAD PACKAGE AND DUAL REAR WHEELS

WHEELBASE:

60-INCHES CAB TO AXLE

ENGINE:

MINIMUM 5.9 LITER DIESEL.

TRANSMISSION:

MINIMUM HEAVY-DUTY 6-SPEED AUTOMATIC WITH AUXILIARY TRANSMISSION COOLER.

TRANSFER CASE:

FACTORY STANDARD, (WHEN AVAILABLE) ELECTRONIC TOUCH CONTROLLED

DIFFERENTIAL:

HEAVY DUTY SOLID FRONT AND REAR AXLE HOUSING WITH A 4:88 GEAR RATIO

COOLING SYSTEM:

HEAVY-DUTY COOLING SYSTEM AUX ELECTRIC COOLING FANS. ANTI-FREEZE

PROTECTION TO -25 DEGREES FAHRENHEIT MINIMUM WITH EXTENDED LIFE COOLANT

BRAKES:

FACTORY STANDARD POWER FOUR WHEEL DISC WITH 4 WHEEL A.B.S. SUFFICIENT FOR

THE GVW RATING OF THE TRUCK WITH 4 WHEEL A.B.S.

STEERING:

FACTORY STANDARD POWER STEERING

SUSPENSION:

HEAVY-DUTY SPRINGS AND SHOCK ABSORBERS FRONT & REAR TO MATCH MAXIMUM

PAYLOAD OF 8,000 LBS. MINIMUM GVW OF 16,000 LBS.

TIRES AND WHEELS:

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

ACCEPTABLE.

SIX (6) BLACKWALL TIRES ON/OFF TREAD TO MATCH PAYLOAD/GVW REQUIREMENTS.

ALTERNATOR:

130 AMP MINIMUM OUTPUT CAPACITY

BATTERY:

HEAVY DUTY 750 CCA MINIMUM.

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

City of Wichita 5 RFB #260078

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets Comments (required if deviation listed)

INSTRUMENTS:

FACTORY STANDARD.

HEATING AND AIR CONDITIONING:

FACTORY STANDARD HEATEAR, DEFROSTER, AND AIR CONDITIONER.

EXTERIOR PAINT:

FACTORY STANDARD WHITE WITH CLEAR COAT OR APPROVED EQUAL.

INTERIOR:

FACTORY STANDARD GRAY VINYL BUCKET SEATS

FLOOR COVERING:

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

UNDER FLOOR COVERING IS REQUIRED. HEAVY DUTY FLOOR MATS.

WINDSHIELD WIPERS:

FACTORY STANDARD WITH INTERMITTENT FEATURE.

HERBICIDE SPRAY UNIT:

TRUCK SHALL DROPPED SHIPPED TO NORSTAR INDUSTRIES TO BE EQUIPPED WITH AN

INJECTION STYLE ROADSIDE SPRAYER NORSTAR MODEL RS6-G-500 CHASSIS MOUNTED.

MEETING THE SPECIFICATIONS OF THE FOLLOWING ATTACHMENT. UPON COMPLETION

OF THE SPRAY UNIT, THE TRUCK SHALL BE DROPPED SHIPPED BACK TO WICHITA, KS FOR

DELIVERY TO THE CITY OF WICHITA WITH NO ADDITIONAL COST TO THE CITY

MISCELLANEOUS:

TINTED GLASS - ALL

DUAL LEFT & RIGHT OUTSIDE REAR VIEW MIRRORS, EXTENDING CAMPER STYLE

SPARE WHEEL & TIRE

WHITE HIDEAWAY STROBES IN FRONT HEAD LIGHT HOUSINGS

RUNNING BOARDS OR STEP BARS

ALL OPTIONS &/OR PACKAGES THAT ARE FACTORY STANDARD ON THE MODEL BID MUST

BE PROVIDED ON THE VEHICLE

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

City of Wichita 6 RFB #260078

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets Comments (required if deviation listed)

SPECIAL NOTES:

NO FACTORY STANDARD EQUIPMENT OR OPTIONAL PACKAGE EQUIPMENT TO BE

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

VEHICLE. MILEAGE: ODOMETER READING AT F.O.B. DESTINATION MUST NOT EXCEED 300

MILES.

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

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

MANUALS CONTINUED:

THE SUCCESSFUL BIDDER SHALL DELIVER TO THE FLEET MAINTENANCE SUPERVISOR

FOR UNITS FURNISHED UNDER THIS BID ONE SET OF THE FOLLOWING:

CURRENT EDITION OF THE OPERATIONS MANUAL.

CURRENT EDITION OF THE SERVICE / MAINTENANCE REPAIR MANUAL.

(PREFERENCE THAT MANUALS BE CD/USB DRIVE VERSIONS)

WARRANTY SERVICE:

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

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

SHALL BE A MINIMUM OF 5-YEAR OR 100,000 BUMPER TO BUMPER.

CORRECTION OF DEFICIENCIES:

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

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

CORRECT SUCH DEFICIENCIES WITHOUT DELAY.

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

City of Wichita 7 RFB #260078

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets

Comments (required if deviation listed)

SUPPLEMENT A:

NEW HERBICIDE SPRAY UNIT NORSTAR RS6-G-500 CHASSIS MOUNTED

THE SPRAYER TO CONSIST OF THE FOLLOWING COMPONENTS:

BED:

MAINTENACE TYPE FLATBED MOUNTED ON CHASSIS. BED TO BE PAINTED BLACK. BED TO

BE ALL STEEL WELDED CONSTRUCTION WITH TREAD PLATE FLOOR WITH AN OVERALL

LENGTH OF 122-INCHES, CAB TO REAR AXLE TO BE 60-INCHES, OVERALL WIDTH TO BE 95-

INCHES MINIMUM FOM REAR DUAL WHEELS. THE BED SHALL BE CONSTRUCTED OF 6-INCH

MOLDED STRUCTURAL STEEL PERIMETER WITH 3-INCH MOLDED STRUCTURAL STEEL

CROSSMEMEBERS MOUNTED ON 12-INCH CENTERS. THE BED SHALL BE CONSTRUCTED

USING 6-INCH STRUCTURAL STELL ONG SILLS. THE DECKING OF THE BED SHALL BE

CONSTRUCTED OF 3/16-INCH TREADPLATE STEEL. FLUSH MOUNTED TAIL/STOP-TURN

SIGNAL AND BACKUP LIGHTS ON REAR OF BODIY. TAIL/STOP-TURN AND CLEARANCE

LIGHTS SHALL BE FLANGE MOUNTED LED LIGHTS. 3RD CLUSTER AND TAG LIGHT SHALL BE

INCLUDED.

A LOUVERED HEADACHE RACK WITH A SOLID PANEL TO PROTECT CHASSIS CAB SHALL BE

STRUCTURALLY MOUNTED TO BED. HEADACHE RACK SHALL HAVE A 6-INCH LED TYPE

STROBE MOUNTED IN THE CENTER. A NORTH AMERICAN DIRECTIONAL LIGHT BAR MODEL

TA36L-A1 INSTALLED ON REAR WITH A SWITCH IN THE CAB. ALSO NEED MOUNTING

LOCATION ON REAR OF TRUCK TO MOUNT CAUTION SIGN (SEE PHOTOS). IF LIGHT BAR MAY

NEED TO BE RELOCATED DURING BUILD CONTACT MIKE NORDICK AT 316-268-4040 OR

EMAIL MNORDICK@WICHITA.GOV BEFORE INSTALLATION.

INJECTION SPRAY RIG – CHASSIS MOUNTED:

TWO (2) EACH – NORSTAR MODEL #NSC-20108 BOOMLESS NUTATING SPRAY HEAD

CONSISTING OF SEVEN (7) SECTIONS. THE SPRAY HEAD SHALL OPERATE UP, DOWN, TILT,

AND FOLD FROM CAB. THE SPRAY HEAD SHALL BE ATTACHED TO SWING POSTS THAT WILL

MOUNT IN HEAVY-DUTY SOCKETS LOCATED ON EACH FRONT CORNER OF FLATBED. EACH

SOCKET MUST HAVE A GREASE FITTING AND A MANUALLY ADJUSTABLE BREAK THAT

ALLOWS THE SPRAY HEAD TO SWING A MINIMUM OF 90-DEGREES FROM THE STOWED TO

WORK POSITION AND HAVE BREAKAWAY PROTECTION. POST SHALL BE ADJUSTABLE FOR

SPRAYING HEAD HEIGHT FORM 60-INCHES TO 72-INCHES.

mailto:MNORDICK@WICHITA.GOV

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

City of Wichita 8 RFB #260078

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets

Comments (required if deviation listed)

INJECTION SPRAY RIG – CHASSIS MOUNTED CONTINUED:

ONE (1) EACH – 525-GALLON ROUND KEG TANK WITH GALVANIZED MOUNTING HOOPS

POLYETHYLENE UV STABILIZED WATER TANK. TANK MUST INCLUDE REMOVABLE ANTI-

SURGE BAFFLES ALSO UV STABILIZED. THE HOSE CONNECTING THE TANK TO THE

SPRAYER PUMP MUST BE A MINIMUM OF 1-1/2-INCH MINIMUM NON-COLLAPISBLE SUCTION

TYPE. THE BEED LINE MUST INCLUDE A SHUT OFF VALVE AND DRAIN VALVE. TANK FILL

SYSTEM WILL INCLUDE 2-INCH HOSE ATTACHED TO THE BED ON THE CURB SIDE WITH A 2-

INCH MALE QUICK-DISCONNECT AND FEMALE CAMLOCK CAP. THE OPPOSITE END IS

ATTACHED TO THE TOP OF THE WATER TANK LID WHERE THE WATER SUPPLY ENTERS THE

TANK THROUGH A 4-INCH AIR GAP. ALL VALVES MUST BE BRASS. WATER TANK SHALL BE

CENTERED OVER AXLE AS MUCH AS POSSIBLE.

ONE (1) EACH – TANK LOADING HOSE WHICH IS A MIMIMUM OF 18-FEET LONG BY 2-INCH

DIAMETER FLAT FOLDING FIRE HOSE SUPPLIED WITH A FEMALE QUICK DISCONNECT

CAMLOCK COUPLING ON ONE END FOR ATTACHMENT TO THE MALE INLET OF WATER TANK

FILL SYSTEM AND MALE 2-INCH COUPLING ON OTHER END FOR ATTACHING TO FIRE

HYDRANT ADATPER.

TWO (2) EACH – 15-GALLON TAPERED TANKS WITH MOLDED GRADUATED MARKS MOUNTED

IN DROP WELLS OF TRUCK BED AT REAR OF TRUCK. ALL CHEMICAL TANKS MUST BE

PLUMBED SO OPERATOR CAN SELECT VALVE FOR CHEMICAL, FRESH WATER FOR

FLUSHING INJECTION PUMP AND LINES, OR TO ADD FRESH WATER TO CHEMCIAL TANKS.

TWO (2) EACH – CHEMICAL TANK AGITATORS. AGITATORS ARE TO BE CAB CONTROLLED

AND MOUNTED TO TANKS. THROUGH-THE-LID TYPE AGITATORS ARE UNACCEPTABLE.

THE PROPELLER SHAFT AND PROPELLER MUST BE STAINLESS STEEL AND EXTEND AS

CLOST TO TANK BOTTOM AS POSSIBLE.

TWO (2) EACH – LOW LEVEL SENSORS – EACH CHEMICAL TANK MUST INCLUDE A LOW-

LEVEL SENSOR THAT WILL SIGNAL OPERATOR BY INDICATOR LIGHT LOCATED ON CONTROL

PANEL IN TRUCK CAB WHEN TANK IS LOW.

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

City of Wichita 9 RFB #260078

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets

Comments (required if deviation listed)

INJECTION SPRAY RIG – CHASSIS MOUNTED CONTINUED:

ONE (1) EACH – HYPRO CENTRIFUGAL WATER PUMP MODE #9203C.

ONE (1) EACH – 8 HP MINIMUM AIR-COOLED HONDA 4-CYCLE ENGINE EQUIPPED WITH CAB-

CONTROLLED START-STOP FEATURE AND AUTOMATIC LOW-OIL SHUTDOWN CAPABILITY.

ENTIRE ASSEMBLY IS DROP WELL MOUNTED AT PASSENGER FRONT WELL LOCATION

ONE (1) EACH HOSE REEL – HANAY MODEL # 1520 ELECTRIC, FLOW SWITCH, AND HANGUN

– GREEN MODEL JD9C. HOSE REEL SHALL HAVE ELECTRIC REWIND AND TOP MOUNT 4-

ROLLER HOSE GUIDE AND WILL INCLUDE 150-FEET OF ½-INCH GREEN GARDE 600 PSI HOSE.

HOSE REEL ASSEMBLY IS MOUNTED TO REAR OF FLATBED CENTERED. ALSO INCLUDED IS

A BALL VALVE SO FEED TO HOSE REEL ASSEMBLY CAN BE MANUALLY TURNED OFF OR

TURNED ON BY OPERATOR.

ONE (1) EACH PLUMBED IN 1.5-INCH SQUALL WALL NOZZLE WITH SHUT OFF VALVES NEAR

PUMP (SEE PHOTOS FOR REFERENCE ATTACHMENT A).

ONE (1) EACH HAND WASH TANK – SHALL BE 12-GALLON POLYETHYLENE TANK MOUNTED

ON DRIVERS’ SIDE REAR NEAR WELL WITH ON/OFF VALVE INSTALLED UNDER BED ON BOTH

SIDES OF TRUCK (SEE PHOTOS FOR REFERENCE ATTACHMENT A).

ONE (1) EACH REEL CRAFT ELECTRICALLY OPERATED HOSE REEL WITH 4-WAY BOTTOM

WIND HOSE ROLLER GUIDES – EQUIPPED WITH 100-FT OF 1-INCH MERCEDES TEXTILES

BOOST LITE HOSE AND 1-INCH NH DUAL RANGE NOZZLE PLUMBED WITH SHUT OFF VALVES

NEAR PUMP (SEE PHOTOS FOR REFERENCE ATTACHMENT A).

ONE (1) EACH ON BED MOUNTED STORAGE BOX MOUNTED NEAR HOSE REEL AND WATER

TANK FILL MINIMUM DIMENSIONS OF 18-INCH WIDE X 18-INCH DEEP X 12-INCH HIGH.

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

City of Wichita 10 RFB #260078

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets

Comments (required if deviation listed)

INJECTION SPRAY RIG – CHASSIS MOUNTED CONTINUED:

ONE (1) EACH NORSTAR MECHANICAL CONTROL CONSOLE MODE RS 600- CAB MOUNTED.

WILL INCLUDE SWITCHES AND/OR INDICATOR LIGHTS FOR SINGLE SPRAY HEAD

OPERATION WHICH INCLUDE TILT AND FOLD, BEACON WARNING LIGHTS, ENGINE START-

STOP, NINE SPRAY SOLENOID SWITCHES, TWO CHEMICAL TANK LOW-LEVEL INDICATORS,

AND TWO CHEMICAL TANK AGITATORS WITH HIGH-LOW SPEED AND DIAL FOR SPRAY MODE

WHICH WILL INCLUDE: AUTOMATIC, B WIDTH, C WIDTH, AND HANDGUN MODE. ALSO

INCLUDE GROUND SPEED OVERRIDE SWITCH AND MASTER SWITCH.

ONE (1) EACH MID-TECH TASE MODEL 6300 – NO EXCEPTIONS – INJECTION CONTROL

SYSTEM. NINE SECTION COMPUTER CONSOLE CAB MOUNTED. THE CONSOLE MAINTAINS

PROGRAMMED CHEMICAL OUTPUT RATES. RATES ARE MAINTAINED VIA INPUT FROM

GROUND SPEED RADAR SENSOR AND SPRAY WIDTHS AS SELECTED BY OPERATOR.

MECHANICAL CONTROL CONSOLE AND COMPUTER CONSOLE WILL BE MOUNTED ON

DOUBLE ARTICULATING MOUNT ATTACHED TO FLOOR OF CAB. THIS WILL ALLOW DRIVER

OR PASSENGER TO MOVE CONSOLE INTO A COMFORTABLE POSITION DURING SPRAY

OPERATIONS

TWO (2) EACH MID-TECH MT600 POSITIVE DISPLACEMENT INJECTION PUMPS. MINIMUM OF

1.5 TO 150 OZ. ALL PUMPS WILL BE WEATHER TIGHT OR ENCLOSED IN WEATHER THIGHT

COVERS.

REAR BOOM FOR SPRAY RIG SHALL INCLUDE BACK-TO-BACK BOOM BUSTER NOZZLES WITH

A MINIMUM SPRAY WIDTH OF 9-FEET OR WIDE ENOUGH THAT SPRAY HEAD PATTERN CAN

OVERLAP REAR SPRAY PATTERN.

REAR BOOM INCLUDES MANUAL SHUT-OFF VALVE AND CAB-CONTROLLED ELECTRIC

SOLENOID.

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

City of Wichita 11 RFB #260078

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets

Comments (required if deviation listed)

INJECTION SPRAY RIG – CHASSIS MOUNTED CONTINUED:

ALL BALL VALVES WILL BE BRASS AND MOUNTED FOR EASY ACCESS BY OPERATOR. ALL

SOLENOIDS, REGULATORS, AND GAUGES ARE INCLUDED WITH SPRAY RIG AND WILL BE

MOUNTED TO CAB GUARD. ALSO INCLUDED ARE IN-LINE STRAINERS WHERE NEEDED TO

KEEP DEBRIS OUT OF INJECTION PUMPS AND SOLENOID REGULATOR ASSEMBLIES.

STRAINERS WILL BE PLUMBED FOR EASY ACCESS.

ONE (1) EACH – LOW CENTER OF GRAVITY FLATBED WITH 3-DROP WELLS. BED DECK SHALL

BE STEEL DIAMOND PLATE WITH CAB GUARD SECURELY MOUNTED TO TRUCK FRAME

RAILS. BED HAS ALL STOP AND RUNNING LIGHTS AND REFLECTORS INSTALLED PER

FEDERAL HIGHWAY SPECIFICATIONS. REAR DROP WELLS TO BE A MAXIMUM DEPTH OF 12-

INCHES

ONE (1) EACH UNDER BED MOUNTED STORAGE BOX. TO BE MOUNTED IN 4TH DROP WELL

LOCATION AT FRONT DRIVERS’ SIDE CORNER OF BED. MINIMUM DIMENSIONS OF 18-INCH

HIGH X 18-INCH DEPTH X 30-INCH LENGTH.

A NORTH AMERICAN DIRECTIONAL LIGHT BAR, MODEL TA36l-A1, INSTALLED BEHIND THE

WATER TANK ON A PEDESTAL WITH A SWITCH IN THE CAB. LIGHT BAR SHALL NOT BE ANY

WIDER THAN THE WATER TANK.

ONE (1) SET OF OPERATOR MAINTENANCE MANUALS SHALL BE DELIVERED WITH SPRAYER.

MANUALS INCLUDE PLUMBING AND ELECTRICAL SCHEMATICS. ALSO INCLUDED ARE

COMPONENT AND SUPPLER SPECIFICATION SHEETS AND WARRANTY CARDS. ALSO

INCLUDED ARE INJECTION PUMP CALIBRATION KITS AS REQUIRED

TRAINING SHALL BE PROVIDED AND PERFORMED AT A CITY OF WICHITA FACILITY AND

INCLUDE THE OPERATION AND MAINTENANCE OF SPRAYERS AND COMPONENTS.

TRAINING SHALL BE A MINIMUM OF 4-HOURS.

CONTACT INFORMATION FOR NORSTAR INDUSTRIES 1-800-735-1881 OR 253-905-2195

III. BID TERMS

A. Questions and Contact Information:

Any questions regarding this document must be submitted via the procurement portal’s “Ask a Question” functionality or by email to Jason Brogden, jbrogden@wichita.gov in accordance with the dates and times stipulated for questions.

Any questions of a substantive nature will be addressed in written form as a posted addendum on the City’s Procurement Portal (wichita.gov/procurementportal). Respondents are responsible for checking the City’s Procurement Portal and acknowledging any addenda electronically as a part of the Procurement Portal submission’s electronic acknowledgment for all stipulated response forms and addendum acknowledgments.

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

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

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

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

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

B. Bid Submission:

Bids will be received (electronically as stated) in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas, prior to 10:00 O'CLOCK A.M., Friday, April 17, 2026. Bids are to be submitted through the City’s Procurement Portal (wichita.gov/procurementportal) using a secure login/password.

If a Bonfire registration for system access has not been completed, please visit wichita.gov/purchasing for assistance.

On the Purchasing website page, a video tutorial (Bonfire Registration Video) walkthrough and registration resources are available to help in the completion of the registration process. If further assistance is needed, please contact the Purchasing Office directly at purchasing@wichita.gov or by phone at 316-268-4636.

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

C. Evaluation Criteria:

Bid Award will be based on the Lowest and Best Total Net Bid with Options as Selected from a Responsible and Responsive vendor.

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

In the event of a discrepancy in the extension(s) or total for the item(s), the unit cost shall prevail.

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

D. Tentative Schedule:

The tentative schedule will apply to this Request for Bid (RFB) and may change according to with the City’s needs or unforeseen circumstances. All dates and times will be in Central Standard Time (CST; CDT) and can be confirmed through the Purchasing Office located at 455 N. Main 12th Floor Wichita, KS 67202, calling (316) 268-4636, or by contacting the buyer listed on the solicitation document. Questions of a substantive nature will be reviewed and answered in written form as an addendum and posted to the City’s Procurement portal at wichita.gov/procurementportal.

mailto:purchasing@wichita.gov https://wichita.bonfirehub.com/ https://www.wichita.gov/purchasing mailto:purchasing@wichita.gov

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

City of Wichita 13 RFB #260078

Vendors are encouraged to complete bidder registration by visiting the City of Wichita’s eProcurement Portal at wichita.gov/procurementportal, then follow the link to the Bonfire vendor registration page to register your company.

Please check our website, wichita.gov/purchasing for upcoming registration opportunities, training dates & locations, and information as it is updated in the near future.

Event Date Solicitation Advertised March 31, 2026 Last Day for Written Question April 10, 2026 @ 3:00 pm Addendum Posting Week of April 13, 2026 Bid Due April 17, 2026 @ 10:00 am City Council Approval April 28, 2026

E. Minimum Respondent Qualifications:

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

Bidders shall:

1. Understanding of industry standards and best practices.

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

3. Have knowledge of and comply with all currently applicable, and as they become enacted during the contract term, federal, state and local laws, statutes, ordinances, rules and regulations. All laws of the State of Kansas, whether substantive or procedural, shall apply to the contract, and all statutory, charter, and ordinance provisions that are applicable to public contracts in the city shall be followed with respect to the contract.

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

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

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

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

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

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

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

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

F. Bid Requirements:

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

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

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

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

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

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

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

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

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

City of Wichita 14 RFB #260078

G. City of Wichita Responsibilities:

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

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

The written challenge of the solicitation specifications must be filed with the Purchasing Manager located on the 12th Floor, Finance Department at City Hall, 455 N Main, Wichita, KS 67202, telephone number (316)268-4636, at least five (5) business days before the solicitation opening due date and time as listed on the solicitation documents. Any challenge to solicitation specifications received after the five (5) business days deadline will not be considered by the City. The Purchasing Manager will acknowledge receipt of the challenge. The written challenge is to include the name, address, email address and telephone number of the interested party, identification of the solicitation number and project title, a detailed statement of the reasons for the challenge, supporting evidence or documentation to substantiate any arguments, and the form of relief requested, e.g., the proposed addition, substitution or modification to the specifications. The Purchasing Manager will investigate the written challenge and any evidence or documentation submitted with the challenge.

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

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

The written protest for bids must be filed with the Contract Compliance Officer located on the 12th Floor, Finance Department, City Hall, 455 N Main, Wichita, KS prior to 9:00 a.m. of the Tuesday immediately following the posting of the notice of intent to award on the City’s Purchasing Bid Results site https://www.wichita.gov/DocumentCenter/Index/829. Failure of a protestor to file a written protest related to the award of a contract prior to the 9:00 a.m., Tuesday deadline will invalidate that protest and cause it not to be considered.

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

The Contract Compliance Officer will acknowledge receipt of the written protest. The written protest is to include the name, address, email address and telephone number of the protestor, identification of the solicitation number or https://selfserviceict.wichita.gov/vss/ https://www.wichita.gov/DocumentCenter/Index/829

City of Wichita 15 RFB #260078 contract number and project title, a detailed statement of the reasons for the protest which justify the relief sought, supporting evidence or documentation to substantiate any arguments, and a concise statement of the form of relief requested (e.g., reconsideration of the offer). All the above required information must be included in the protest at its submission. Untimely protests will be returned unopened. Incomplete protests will be rejected without consideration.

In the event of a valid, timely protest, the City shall not proceed with the execution of the contract until all City administrative remedies have been exhausted or waived, or until a determination is made that a contract award is required to protect the interests of the City.

The decision of the Contract Compliance Officer, based on review of the written protest and information available from City sources, will be rendered within ten (10) business days after receipt of protest, will recite the reasons for the decision, and be provided to the protestor by email or written notification.

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

The Internal Auditor’s decision will be final, unless the protestor seeks a hearing before the City Council, by written request filed with the City Clerk, located on the 13th Floor, City Hall, 455 N Main, Wichita, KS, prior to 5:00 p.m. on the third business days after issuance of the Internal Auditor written decision. Failure of a protestor to file a written reconsideration request related to the internal Auditor’s decision prior to 5:00 p.m. on the third business day deadline will invalidate that protest and cause it not to be considered.

If there is a timely written reconsideration request, the protestor may seek reconsideration of the decision of the Internal Auditor by means of a hearing before the City Council. This hearing must be in aid of the City Council’s legislative authority to approve contracts for goods, services, and public improvements on behalf of the City, and does not imply any due process right of the protestor in an unawarded, unexecuted contract. The hearing must be scheduled as soon as practicable according to the City Council’s calendar. The hearing must be granted only upon such facts and issues as are presented in writing to the City Clerk for submission to City Council at or before noon on the Thursday preceding the scheduled hearing. No documents or other evidence must be accepted at the hearing. The protesting party must have available no more than 20 minutes for presentation of argument, followed by no more than 20 minutes of argument presented by City staff. The City Council may deliberate in executive session to seek the assistance of the City Attorney, but must deliver its decision from the bench during the City Council meeting. (R 09/15)

If a written protest is made against any proposed award or the award of a contract that relies in part on federal funding, then the Contract Compliance Officer must notify the Granting Authority in writing with all information regarding the protest. A protestor must exhaust all administrative remedies with the City of Wichita before pursuing a protest with the Granting Authority. Protestors are put on notice that according to federal regulations, certain determinations made 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.

City of Wichita 16 RFB #260078

The Contract Compliance Officer will provide notice to the Granting Authority Regional Office or Headquarters Office of any request for reconsideration before the City Council, and also provide notice of the decision rendered by the City Council, or any alternative resolution reached.

SOLICITATION

260078 PW_Fleet Maintenance

16,000 GVW 4x4 Cab and Chassis with Herbicide Spray Rig Responses are due before:

CONTACT INFORMATION

Contact: Jason Brogden Email: jbrogden@wichita.gov Phone: (316) 268-4429 Fax (316) 268-4656 Address: 455 N Main, 12th Floor, Wichita, KS 67202

DELIVERY INFORMATION

Deliver To: FINANCE PURCHASING

455 N MAIN ST,12TH FLOOR

WICHITA, KS 67202

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

VENDOR NAME TELEPHONE NUMBER (including area code)

VENDOR ADDRESS EMAIL ADDRESS

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

TITLE DELIVERY OR COMPLETION

SIGNATURE PRINT NAME

Line # Bid Item Description Quantity UOM Unit Price Extended Price

0 - 1 New Unused Current Model 16,000 GVW 4x4 Cab & Chassis with Herbicide Spray Rig 1 EA

Total

04/17/2026 10:00:00 AM

RETURN TO:

City of Wichita Purchasing Manager City Hall, 12th Floor 455 N Main Wichita KS 67202

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

CONTRACT SHALL THEREBY BE CREATED.

THIS FORMAL BID FORM MUST BE SIGNED!

mailto:jbrogden@wichita.gov

City of Wichita 17 RFB #260078

IV. GENERAL SPECIFICATIONS:

GENERAL SPECIFICATIONS

BID FORMS

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

Bidders are requested to submit current literature or brochures relating to their bid.

LICENSE

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

BILLING TERMS

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

CONTRACT

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

EMERGING & DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION ENCOURAGEMENT

The City of Wichita encourages all bidders to include emerging and disadvantaged business participation in their bid.

ARBITRATION PROVISIONS

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

ANTITRUST LITIGATION CLAUSE

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

CONSTRUCTION - PAVING PROJECTS

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

RESTORATION

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

FEDERAL EXCISE TAX

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

ESTIMATED QUANTITIES

If estimated quantities are shown, on the "Request For Formal Bid" form, they are used to evaluate the bid only. The figure(s) listed is the estimated usage only and is not intended to limit or guarantee in any way, the amount the City may purchase under the purchase order/contract.

CITY OF WICHITA CREDIT CARD

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

DELIVERY

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

AWARD

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

In the event of a discrepancy in the extension(s) or total for the item(s), the unit cost shall prevail.

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

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

EXHIBIT A

CITY OF WICHITA MANDATORY CONTRACTUAL PROVISIONS ATTACHMENT

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

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

3. Termination Due to Lack of Funding Appropriation. If, in the judgment of the City’s Director of Finance, sufficient funds are not appropriated to continue the function performed in this Agreement and for the payment of the charges hereunder, City may terminate this Agreement at the end of its current fiscal year. City agrees to give written notice of termination to Contractor at least thirty (30) days prior to the end of its current fiscal year and shall give such notice for a greater period prior to the end of such fiscal year as may be provided for in the Agreement, except that such notice shall not be required prior to ninety (90) days before the end of such fiscal year.

Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided to City under the Agreement.

City will pay to Contractor all regular contractual payments incurred through the end of such fiscal year; plus, contractual charges incidental to the return of any related equipment. Upon the effective termination of the Agreement by City, title to any such equipment shall revert to Contractor. The termination of the Agreement pursuant to this paragraph shall not cause any penalty to be charged to the City or the Contractor.

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

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

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

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

8. Federal, State and Local Taxes. Unless otherwise specified, the proposal price shall include all applicable federal, state, and local taxes.

Contractor shall pay all taxes lawfully imposed on it with respect to any product or service delivered in accordance with this Agreement.

City is exempt from state sales or use taxes and federal excise taxes for direct purchases. These taxes shall not be included in the Agreement. Upon request, City shall provide the Contractor a certificate of tax exemption. City makes no representation as to the exemption from liability of any tax imposed by any governmental entity on the Contractor.

9. Insurance. As a Kansas municipality, the City is self-insured for the purpose of general liability insurance. City shall not be required to purchase any insurance against any liability loss or damage to which this Agreement relates, nor shall this Agreement require the City to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), Contractor shall bear the risk of any loss or damage to any personal property to which Contractor holds title.

10. Conflict of Interest. Contractor shall not knowingly employ, during the period of this Agreement or any extensions to it, any professional personnel who are also in the employ of the City and providing services involving this Agreement or services similar in nature to the scope of this Agreement to the City. Furthermore, Contractor shall not knowingly employ, during the period of this Agreement or any extensions to it, any City employee who has participated in the making of this Agreement until at least two years after his/her termination of employment with the City.

11. Confidentiality. Contractor may have access to private or confidential data maintained by City to the extent necessary to carry out its responsibilities under this Agreement. Contractor must comply with all the requirements of the Kansas Open Records Act (K.S.A. 42-215 et seq.) in providing services and/or goods under this Agreement. Contractor shall accept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act.