1-260112 Solicitation Document.pdf

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Attached to
Rip Rap 5 X 9, 18” and 24”
Solicitation number
260112
Issued by
Sedgwick County, Kansas

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Summary of RFB #260112 – Rip Rap 5 x 9, 18" and 24"

This is a Request for Bid (RFB) document issued by the City of Wichita's Public Works & Utilities Department/Stormwater Division for the procurement of stone rip rap materials. The City of Wichita, Kansas' largest city with approximately 397,000 residents, seeks sealed bids for three categories of rip rap: 1,560 tons of 18-inch Flexible Light Stone Rip Rap, 1,900 tons of 24-inch Heavy Stone Rip Rap, and 500 tons of 5 x 9 Stone Rip Rap for ditch lining. These materials will be used in the Wichita-Valley Center Flood Control Project and area creeks and streams. Bids must be submitted electronically through the City's Procurement Portal (wichita.gov/procurementportal) no later than 10:00 a.m. Central Time on Friday, July 10, 2026. The solicitation was advertised on June 26, 2026, with questions due by 5:00 p.m. on July 2, 2026, and answers provided via addendum on July 8, 2026. The contract will be awarded based on the lowest and best total net bid from a responsible and responsive vendor, with City Council approval anticipated in July 2026. The contract term is one year with two optional one-year renewal periods available by mutual agreement, and either party may cancel with thirty days' prior written notice.

All pricing must be delivered prices to specified locations in Wichita or Sedgwick County, with material delivery to begin within five working days of notification and completion within fifteen working days unless the order exceeds 300 tons, in which case a manufacturing and delivery schedule is required. Late delivery penalties of $50 per day will apply unless modifications are approved in writing by the Flood Control Supervisor. Contractors must pre-qualify their stone source by providing independent laboratory test results no more than one year old demonstrating compliance with either City of Wichita specifications, Department of the Army Corps of Engineers specifications, or Kansas Department of Transportation specifications. The City reserves the right to conduct independent testing at the contractor's expense, and any failed ledge source cannot be used on the project. Successful bidders must furnish a Certificate of Insurance prior to contract issuance, including Commercial General Liability coverage of $1,000,000 per occurrence and $2,000,000 aggregate, Comprehensive Automobile Liability of $1,000,000, Workers' Compensation at statutory requirements, and Employers Liability of $1,000,000 per accident. No set-asides or incumbent considerations are identified in the solicitation.

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(______________) Published on the City’s Website wichita.gov/legalnotices, Friday, JUNE 26, 2026

REQUEST FOR BID NO. – 260112

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, JULY 10, 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/STORMWATER DIVISION

Rip Rap 5 x 9, 18” and 24”

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 26th day of JUNE, 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 #260112

CITY OF WICHITA

FINANCE DEPARTMENT/PURCHASING DIVISION

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

PHONE: (316) 268-4636

WICHITA.GOV/PURCHASING

PURCHASING@WICHITA.GOV

wichita.gov/procurementportal

REQUEST FOR BID #260112

Rip Rap 5 x 9, 18” and 24” – Stormwater Division City of Wichita – Public Works & Utilities Department

JUNE 26, 2026

PROJECT DEFINITION

The City of Wichita is seeking bids from firm(s) for 5x9, 18” and 24” Rip Rap for the Public Works & Utilities.

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

Any questions regarding this document must be submitted via the procurement portal’s “Ask a Question” functionality or by email to VAL FALO (vfalo@wichita.gov) no later than 5:00 p.m. JULY 2, 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 of Events Solicitation Advertised JUNE 26, 2026 Questions Due Via Email JULY 2, 2026 5:00 p.m. CT Questions Answered Via Addendum JULY 8, 2026 Bids Due JULY 10, 2026 10:00 a.m. CT City Council Approval (tentative) JULY 2026 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 2 RFB #260112

Table of Contents

1. OVERVIEW AND SUMMARY

2. SCOPE OF SERVICES

A. MATERIAL REQUIREMENTS:

B. GRADATION REQUIREMENTS:

C. MATERIAL DELIVERY:

D. STONE RIP-RAP PRE-QUALIFICATION:

3. 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:

4. CONTRACT PERIOD AND PAYMENT TERMS

5. INSURANCE REQUIREMENTS

6. BID TABLE

7. GENERAL SPECIFICATIONS:

8. ATTACHMENT A: DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS SPECIFICATIONS ... 20

9. ATTACHMENT B: KANSAS DEPARTMENT OF TRANSPORTATION SPECIFICATIONS

10. ATTACHMENT C: PRE-QUALIFICATION OF RIP-RAP SPECIFICATIONS

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

City of Wichita 3 RFB #260112

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.

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

2. SCOPE OF SERVICES

This specification covers furnishing and delivery of 5 x 9 stone for aggregate ditch lining, 18” Flexible Light Stone Rip Rap and 24” Heavy Stone Rip Rap to be used in the Wichita-Valley Center Flood Control Project and area Creeks and Streams.

A. MATERIAL REQUIREMENTS:

Material is to consist of individual fragments of stone, which are dense, sound, resistant to abrasion and free of cracks, seams or other defects, which would increase their destruction from water and frost actions. Material is to meet the following requirements:

(1) Minimum saturated and surface dry specific gravity of 2.30.

(2) Maximum absorption of 3.5 percent.

(3) Loss not to exceed 18 percent as tested for soundness by the magnesium sulfate method.

(4) Loss not to exceed 40 percent as tested for wear by the Los Angeles Abrasion Test.

(5) Stone for rip-rap shall be free of earth, soapstone, shale and other easily disintegrated material that would decrease the durability of the material after placement.

(6) All test methods shall be current A.S.T.M. methods.

B. GRADATION REQUIREMENTS:

1. 5 x 9 Stone Rip-Rap for ditch lining. Stone will meet the above specified quality requirements and the following size requirements (based on Table 1114-2 in the KSDOT specifications):

Size D50 Max Size Percent Retained on Sieve Size (Minimum)

6” 12” 8” 6” 3” 15% 50% 85%

2. Light Stone Rip Rap shall be constructed eighteen (18”) in Thickness and shall meet the same quality requirements specified for heavy stone rip rap and the following size requirements.

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 RFB #260112

Weight of Individual Pieces Minimum Percent Larger Than 1000 lbs. 0% 500 lbs. 50% 250 lbs. 70% 125 lbs. 90%

3. Heavy Stone Rip Rap shall be constructed twenty-four (24”) in thickness and shall meet the same quality requirements specified for heavy stone rip rap and the following size requirements.

Weight of Individual Pieces Minimum Percent Larger Than 1000 lbs. 0% 500 lbs. 50% 250 lbs. 70% 125 lbs. 90%

C. MATERIAL DELIVERY:

Material must be delivered to a location on the Floodway, or other areas in Wichita or Sedgwick County, as designated by the Flood Control Supervisor or designated staff. The intent of this Contract is to have 18” or 24” Rip Rap delivered to a particular location or jobsite as needed. Delivery of the material, 18” or 24” Rip Rap, must begin within five (5) working days after being notified of the location, size, and approximate amount of material to be delivered, and continue until all the material requested for that particular location is delivered. It is expected that all material ordered will be delivered to the designated site(s) within 15 working days from initial delivery, unless the order is of a large size.

Typically, the deliveries will be made at the storage yard on the west side of the levee near MacArthur and Hoover. However, if it is for a large bank stabilization project, the order may be requested to be delivered directly to the worksite. Typically, somewhere along the levee or stream channel – weather dependent.

Large orders (300 ton or more), or orders that will require multiple delivery dates based upon manufacturing at the approved quarries will require a manufacturing and delivery schedule within 5 business days of placement of the order. This schedule will be followed unless the contractor directly communicates in writing the reason for the schedule change and approval of the change by the Flood Control Supervisor. Delivery locations may vary depending on work progress. The contractor should contact the Flood Control Supervisor or the designated staff to coordinate delivery 2 business days prior to each delivery for confirmation. Each manufacturing and delivery date will have the same delivery guidelines as outlined in the previous section unless changes are approved by the Flood Control Supervisor.

Should the Contractor fail to complete the delivery within the allotted time, the Contractor shall become liable to the City of Wichita for a late delivery fee of $50 Dollars per day unless the contractor contacts and coordinates delivery date modifications and extensions in writing to the Flood Control Supervisor, or the designated staff.

By the submission of its bid for this work, the Contractor evidences and warrants to be capable of performing the work within the time specified in the specifications above and shall begin

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

City of Wichita 5 RFB #260112 work as specified in the contract, and that the Contractor shall be liable for any contact breach created by its failure to timely perform.

Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date for which the time for completion may have been extended shall in no way operate as a waiver on the part of the City of Wichita of any of its rights under the contract.

Neither by the act of taking over the work nor by the annulment of the contract shall the City of Wichita forfeit the right to recover damages from the Contractor for failure to complete the contract work within the specified time.

D. STONE RIP-RAP PRE-QUALIFICATION:

Material requirements of stone rip-rap used on this project shall meet at least one of the following specifications for material quality requirements, gradation requirements shall be as the gradation called out in the City of Wichita specifications: a.) City of Wichita specifications as called out in this proposal; b.) Department of the Army Corps of Engineers’ specifications (Attachment A); c.) Kansas Department of Transportation specifications (Attachment B).

Contractor shall indicate in their bid proposal which specification they are proposing to supply rock/stone under.

Contractor shall provide documentation that the stone ledge he is proposing to use meets that particular specification. Documentation shall include test results of that ledge. Test results shall be no more than one-year old. The City of Wichita reserves the right to have the stone being provided for this project tested at any time. Testing shall be done at the expense of the contractor by an independent laboratory of the City’s choosing. If the ledge tested fails the testing that ledge shall no longer be used for this project. In the event that the contractor’s initial source of materials fails the testing, the alternative source will be tested by the City at the contractor’s expense prior to its usage being allowed.

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

City of Wichita 6 RFB #260112

3. 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 VAL FALO, vfalo@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 “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 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, JULY 10, 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 from a Responsible and Responsive vendor.

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

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

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

City of Wichita 7 RFB #260112

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

D. Tentative Schedule:

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

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

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

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

Event Date Solicitation Advertised JUNE 26, 2026 Last Day for Written Question JULY 2, 2026 5:00 p.m. CT Addendum Posting JULY 8, 2026 Bid Due JULY 10, 2026 10:00 a.m. CT City Council Approval JULY 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.

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 8 RFB #260112

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 when requested will be calculated by aggregate total (Group 1 total + Group 2 total = Aggregate Bid Total Price). No other pricing or miscellaneous charges will be submitted outside of the ONE (1) Groups.

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

5. 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.

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

H. Challenges and Protests:

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

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

(316) 268-4636, at least five (5) business days before the solicitation opening due date and time as listed on the solicitation documents. Any challenge to solicitation specifications received after the five (5) business days deadline will not be considered by the City. The Purchasing Manager will acknowledge receipt of the challenge. The written challenge is to include the name, address, email address and 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

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

City of Wichita 9 RFB #260112 economic interest may be affected substantially and directly by the award of a contract or by the failure to award a contract. Suppliers or subcontractors to a bidder or proposer cannot file a valid protest. A valid protest can only be filed by a bidder or proposer which can show that it would be awarded the contract if the protest were successful. Therefore, all conditions numbered 1 through 3 listed above in this paragraph must be met.

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

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

The Contract Compliance Officer will acknowledge receipt of the written protest. The written protest is to include the name, address, email address and telephone number of the protestor, identification of the solicitation number or contract number and project title, a detailed statement of the reasons for the protest which justify the relief sought, supporting evidence or documentation to substantiate any arguments, and a concise statement of the form of relief requested (e.g. reconsideration of the offer). All the above required information must be included in the protest at its submission. Untimely protests will be returned unopened. Incomplete protests will be rejected without consideration.

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

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.

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

City of Wichita 10 RFB #260112

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

If a written protest is made against any proposed award or the award of a contract that relies in part on federal funding, then the Contract Compliance Officer must notify the Granting Authority in writing with all information regarding the protest. A protestor must exhaust all administrative remedies with the City of Wichita before pursuing a protest with the Granting Authority. Protestors are put on notice that according to federal regulations, certain determinations made at the local level are not subject to appeal to the Granting Authority. If a review is granted by the Granting Authority, it will be limited to:

1. the City of Wichita’s failure to have or follow its protest procedures, or its failure to review a complaint or protest; or

2. violations of Federal law or regulations.

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

4. CONTRACT PERIOD AND PAYMENT TERMS

The term of this contract shall be for a one (1) year period with two (2) one (1) year options to renew under the same terms and conditions by mutual agreement of both parties.

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

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

City of Wichita 11 RFB #260112

5. 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 12 RFB #260112

6. BID TABLE

SOLICITATION

260112 Bid Table PW_Stormwater Division

Rip Rap 5 x 9, 18” and 24”

Responses are due before:

CONTACT INFORMATION

Contact: Val Falo

Email: VFalo@wichita.gov

Phone: (316) 268-4414 Fax (316) 268-4656

Address: 455 N Main, 12th Floor, Wichita, KS 67202

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

NOTE: THIS IS NOT A BID FORM - FOR INFORMATION PURPOSES ONLY

Item Description Quantity UOM

1 Flexible Light Stone 18" Rip Rap Prices should include delivery to any of the following locations

- to be determined by the City at time of order:

* MacArthur Road and Hoover

* Harry & Governour

* Hydraulic & 37th Street South

* 63rd Street South & Seneca

* 85th North & Hoover Load tickets to be delivered or mailed to the Central Maintenance Facility - 1801 S. McLean Blvd.

1560.00 TN

2 Flexible Heavy Stone 24" Rip Rap Prices should include delivery to any of the following locations

- to be determined by the City at time of order:

* MacArthur Road and Hoover

* Harry & Governour

* Hydraulic & 37th Street South

* 63rd Street South & Seneca

* 85th North & Hoover Load tickets to be delivered or mailed to the Central Maintenance Facility - 1801 S. McLean Blvd.

1900.00 TN

3 5 X 9 Stone Rip Rap for ditch lining Prices should include delivery to any of the following locations

- to be determined by the City at time of order:

* MacArthur Road and Hoover

* Harry & Governour

* Hydraulic & 37th Street South

* 63rd Street South & Seneca

* 85th North & Hoover Load tickets to be delivered or mailed to the Central Maintenance Facility - 1801 S. McLean Blvd.

500.00 TN

7/10/2026 10:00:00 AM

RETURN TO:

Submit Electronically via https://wichita.gov/ procurementportal mailto:VFalo@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 #260112

7. GENERAL SPECIFICATIONS:

GENERAL SPECIFICATIONS

BID FORMS

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

LICENSE

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

BILLING TERMS

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

CONTRACT

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

SUBCONTRACTING/JOINT VENTURES

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

EMERGING & DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION ENCOURAGEMENT

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

ARBITRATION PROVISIONS

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

ANTITRUST LITIGATION CLAUSE

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

CONSTRUCTION - PAVING PROJECTS

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

RESTORATION

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

FEDERAL EXCISE TAX

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

ESTIMATED QUANTITIES

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

CITY OF WICHITA CREDIT CARD

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

DELIVERY

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

AWARD

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

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

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

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

City of Wichita 16 RFB #260112

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. No private or confidential data collected, maintained or used in the course of performance of this Agreement shall be disseminated by either party except as authorized by statute, Our Mission as an exceptionally well-run city, we will: Keep Wichita safe; Grow our economy; build dependable

City of Wichita 17 RFB #260112 either during the period of the Agreement or thereafter. Contractor must agree to return any or all data furnished by the City promptly at the request of City in whatever form it is maintained by Contractor. Upon the termination or expiration of this Agreement, Contractor shall not use any of such data or any material derived from the data for any purpose and, where so instructed by City, shall destroy or render such data or material unreadable. The parties accept that City must comply with the Kansas Open Records Act and will produce upon written request all documents pertaining to this Agreement other than those covered by express exceptions to disclosure listed in the Act.

12. Cash Basis and Budget Laws. The right of the City to enter into this Agreement is subject to the provisions of the Cash Basis Law (K.S.A. 10- 1112 and 10-1113), the Budget Law (K.S.A. 79-2935), and all other laws of the State of Kansas. This Agreement shall be construed and interpreted to ensure that the City shall always stay in conformity with such laws, and as a condition of this Agreement the City reserves the right to unilaterally sever, modify, or terminate this Agreement at any time if, in the opinion of its legal counsel, the Agreement may be deemed to violate the terms of such laws.

13. Anti-Discrimination Clause. Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.), the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.), the Discrimination Against Military Personnel Act, K.S.A. (44-1125, et seq.), and the applicable provisions of the Americans with Disabilities Act (ADA) (42 U.S.C. 12101 et seq.); (b) to not engage in illegal discrimination in employment against its contractors, subcontractors, or employees on the basis of their age, color, disability, familial status, genetic information, national origin or ancestry, race, religion, sex, veteran status or any other factor protected by law (“protected class”), subject to the qualifications found at 2.06.060 of the Municipal Code of the City of Wichita and to follow other applicable provisions of the City of Wichita Non-Discrimination Ordinance found at Chapter 2.06.010 et seq. of the Municipal Code of the City of Wichita; (c) to include in all solicitations or advertisements for employees the phrase “equal opportunity employer;” (d) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (e) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor.

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