N O T I C E T O C O N T R A C T O R S

Notice is hereby given that sealed proposals for constructing 2026 Outsourced Pavement Preservation

Program CIP Microsurfacing and Street Repair will be received (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, May 8, 2026, at which time the bids will be opened publicly and read aloud and tabulated by the Board of Bids and Contracts for consideration by the City Council. Bids received after said time will be returned unopened. Proposals are to be submitted through the City’s Procurement Portal (wichita.gov/procurementportal).

NOTE: BIDDER SHALL AFFIX THE FOLLOWING PROJECT NUMBER TO THE BID ENVELOPE OR

FILE ATTACHMENT 472-2026-086186

ATTENTION ALL BIDDERS: A BID BOND IN THE AMOUNT OF FIVE PERCENT (5%) OF THE

TOTAL BID OR AN ANNUAL BID BOND IS REQUIRED PRIOR TO BID OPENING. SEE SECTION 102.3

OF THE CITY OF WICHITA STANDARD SPECIFICATIONS FOR FURTHER INFORMATION.

BIDDERS ARE ADVISED TO CONTACT THE OFFICE OF THE CITY ENGINEER (316-268-4501)

SHOULD THEY HAVE ANY QUESTIONS OR CONCERNS ABOUT THE PLANS, SPECIAL OR

SUPPLEMENTAL PROVISIONS, MINORITY STATUS, OR THE PROPER PREPARATION OF THE BID

DOCUMENT.

THE BID TABLE SHALL BE PREPARED USING PRICES PER BID ITEMS, UNLESS OTHERWISE

NOTED

PERFORMANCE BOND FORMS, included in the bid package are to be used, in the amount of one hundred percent (100%) of the contract must be furnished by the successful vendor.

A LABOR & MATERIAL PAYMENT BOND FORMS, included in the bid package are to be used, running to the State of Kansas in a sum of not less than the total of the contract, must be furnished by the successful vendor.

If a Bonfire (“Procurement Portal”) registration for system access has not been completed, please visit wichita.gov/purchasing for assistance. On the Purchasing website, 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.

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.

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

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 #260115

SPECIAL PROVISION TO CITY OF WICHITA, KANSAS

STANDARD SPECIFICATIONS

2026 Outsourced Pavement Preservation Program CIP Microsurfacing and Street Repair

(Various Locations) 472-2026-086186 E6133

The City of Wichita's Standard Specifications are required provisions for the furnishing of all materials and doing all work to complete the above referenced project, and are hereby made a part of these provisions as if fully set forth herein. Said Standard Specifications shall control except as modified by the following Special Provisions. The Standard Specifications are on file in the City Engineer's Office, available for purchase from ARC (316-264-9344) for the construction of City projects, or can be found online at wichita.gov/630/Standard-Specifications. **Electronic plan sheets for this project will only be available in the ARC Document Solutions plan room for the City of Wichita projects, which is located at https://customer.e-arc.com/arcEOC/ARCPlanRoom.aspx. The following Special Provisions shall be applicable to this project:

The Contractor shall read and fully comprehend every aspect of the contract provisions included in this bid proposal, prior to submitting a bid for the project. Any questions prior to bid submittal should be directed to Val Falo, Buyer, at (316) 268- 4414 or vfalo@wichita.gov.

THIS IS NOT A STATE/FEDERAL AID CONTRACT.

PROJECT SPECIFIC

1. Start Date. The work order on these projects shall be issued 20 (twenty) calendar days after the date on which the contract for these projects has been awarded to the successful bidder.

2. Working Days/Completion Date. All work on this project must be completed by October 16, 2026. Working days will be charged as provided for in the Standard Specifications once the work order is issued. The non-availability of material shall not prevent working days from being assessed.

For calendar-day completion projects, the Contractor is required to work a minimum of six days per week excluding official city holidays. Work, which will require inspection by the Engineer, shall not be permitted on Sundays.

3. Pre-Bid Conference. A pre-bid conference has been scheduled for 2:00 P.M. Tuesday, April 28, 2026, in the conference room at the City of Wichita's Central Maintenance Facility, 1801 South McLean Boulevard.

4. Deadline for Questions. For questions and comments that affect bid items and/or quantities: Noon Tuesday prior to bid opening. For questions and comments requiring clarification only: Noon Wednesday prior to bid opening.

This is necessary so appropriate changes and responses can be completed before bidding.

The tentative schedule will apply to this RFB and may change according to 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, by calling (316) 268-4636, or by contacting the buyer listed on the solicitation document directly. 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 https://wichita.gov/procurementportal.

5. Pamphlet Handout. The contractor shall be responsible for delivering the “Microsurfacing” pamphlet to all properties adjacent to the work on the location list (Attachment A). This pamphlet needs to be delivered a minimum of one week prior to the start of work at a location. The City of Wichita will provide the pamphlets and door hangers to the contractor for distribution. This pamphlet does not replace the contractors 48-hour notice to property owners. All work associated with the distribution of these notifications shall be considered subsidiary to other bid items.

6. School Locations. Any school locations or street locations that have an impact on a school or school bus operations shall have work performed on them while school is not in session. All work adjacent to a school must be completed https://www.wichita.gov/630/Standard-Specifications https://customer.e-arc.com/arcEOC/ARCPlanRoom.aspx mailto:vfalo@wichita.gov

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

City of Wichita 2 RFB #260115 on Saturdays only.

7. Contract Amount. If the low bid is within the Engineer's estimate, the contract may be awarded for any amount above the bid, up to the Engineer's estimate.

8. Basis of Payment. Payment for the bid items will be as a measured quantity amount based on the bid quantities and unit prices in the bid proposal.

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, federal, state, and local taxes unless otherwise imposed by a governmental body, and applicable to the material on the proposal.

9. Unit Prices/Quantity of Work. This is a unit price contract for the following specified unit prices. The quantities are estimates only and are not a guarantee of any quantity amounts; the City reserves the right to adjust the quantities as necessary to meet the demands of this project. Actual quantities of work to be completed in this contract may vary significantly from the quantities shown on the bid form. The list of locations shown at the beginning of the project is neither final nor exact, but will instead be developed and refined as the project progresses, with locations being removed or added at the discretion of the Engineer. Though new locations may be added, total expenditures will not exceed the total contract amount. If the contract is awarded for an amount above or below the bid total, working days for the project will be increased or decreased proportionately.

10. Approved Materials List. A list of materials approved for use on City of Wichita construction projects can be found on the City website at https://www.wichita.gov/615/Approved-Materials-Bid-Items. All approved materials shall conform to the appropriate requirements set forth in the Standard Specifications, and shall have been previously approved by the Material Review Board (MRB). Information on obtaining approval for new materials through the MRB is available on the website.

11. Microsurfacing. Special care must made by the contractor to ensure traffic control is set up to prevent any vehicular traffic from damaging uncured Micro-surfacing. Any damage done by traffic to the micro-surfacing shall be repaired by the Contractor at the Contractor's expense. The contractor must get approval for any street closures during the Micro-surfacing placement. Tentative locations are shown in Attachment A & C. Any debris on drive approaches must be blown off into the gutters after street cleaning prior to Microsurfacing.

Attachments B are the specifications for the Microsurfacing.

A non-continuous (Truck Mount) Micro Mixing Machine meeting specification may be used on Cul-De- Sacs and Short Street segments such that the entire length of the street can be applied in one continuous pass per side based on the specified application rate. The Contractor must obtain the Engineers approval prior to use on each location.

Application Rates. All application rates called out in the special provisions or bid items for the Micro- Surfacing shall be based on dry aggregate weight per square yard. These application rates are called out with the bid items.

12. Street Repair. Work on this project consists of partial depth asphalt repair, thermal crack repair, and curb and gutter repair, concrete base repair, and thermal crack repair City-wide as directed by the Engineer. The cost shall include all the necessary work to complete the repairs such as pavement removal and compaction of sub-grade.

Tentative quantities and locations are shown in Attachment A.

All construction materials and debris generated from the street repair shall be swept up from the street surface, gutter, and driveway approaches and removed from the job site by the street repair contractor. All cleanup associated with the street repair operation is considered subsidiary to other bid items.

All the asphalt used on this project shall be BM-2 (PG 64-22 max 35% RAP) for Base Course and BM-2 (PG 64-

22 max 15% RAP) for Surface Course.

https://www.wichita.gov/615/Approved-Materials-Bid-Items

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

City of Wichita 3 RFB #260115

Partial-depth Asphalt Repairs. Work consists of milling 2” to 4” of asphalt pavement thickness and replacing with 2” to 4” asphalt surface coarse. Depth of cut will be determined by the project inspector. Asphalt repairs shall be compacted to 95% density. The partial-depth asphalt repair shall be paid in tons of asphalt and be classified as Surface Course.

Thermal Crack Repairs (Heavy Duty – 5.0’ Wide). Work consists of cold milling a five foot (5.0’) wide strip of asphalt to a depth of three- and one-half inches (3.5”). Contractor shall clean the milled surface prior to tack placement.

Place tack oil on the milled surface, followed by a 1” level-up course. Level-up course shall be a BM-2 surface mix.

The level-up course will be tacked, followed by placing a 5.0’ wide strip of Knitted Fiberglass Reinforcement centered on the joint. See City Approved Material List for approved reinforcements. If contractor uses multiple pieces of fiberglass reinforcement in a single thermal crack repair, a minimum six-inch overlap is required between pieces.

Next, place 2.5” BM-2 surface course. All of the work necessary to complete thermal crack repair shall be incidental to bid item Thermal crack repair (Heavy Duty)(5.0’ wide) and will be paid by the linear foot (LF). See Attachment I for details.

Asphalt repairs must have areas filled within 96 hours of the milling operations on all arterial locations. This includes work for partial and thermal crack repairs. Any areas that are not filled with asphalt within 96 hours after milling, the contractor will be charged liquidated damages of $500 per day per location until asphalt is placed.

All asphalt repairs shall be compacted per the standard specifications and shall be compacted to 95% density. Any repairs that settle more than one-quarter of an inch or are one-quarter of an inch above the existing pavement surface after placement, the contractor will be required to mill 1” and replace with new asphalt to a level even with adjacent pavement surface. On all repairs, the final surface shall not deviate more than one-quarter of an inch from a straight edge in ten feet in length. All work for these corrections will be at the contractor’s expense.

In areas that the millings have been removed to allow for placement of asphalt, the contractor is to barricade any pavement cuts greater than 2” in depth to prevent motorist from entering. “Rough Road Ahead” signs must be used to notify the public of the conditions ahead. Full width removal of the millings in preparation for subsequent operations will not be permitted.

Removal and placing operations must work only one side of the street at a time.

Asphalt repairs must have areas filled within 96 hours of the milling operations on all arterial locations. This includes work for partial and thermal crack repairs. Any areas that are not filled with asphalt within 96 hours after milling, the contractor will be charged liquidated damages of $500 per day per location until asphalt is placed.

All asphalt repairs shall be compacted per the standard specifications and shall be compacted to 95% density. Any repairs that settle more than one-quarter of an inch or are one-quarter of an inch above the existing pavement surface after placement, the contractor will be required to mill 1” and replace with new asphalt to a level even with adjacent pavement surface. On all repairs, the final surface shall not deviate more than one-quarter of an inch from a straight edge in ten feet in length. All work for these corrections will be at the contractor’s expense.

Concrete Base Repairs in composite locations, includes the removal of asphalt surface course and removal and replacement of the concrete base; as directed by the Engineer.

The bid item “6” Reinf. Concr. Base Repair” consist of the removal and replacement of the concrete base. All asphalt surface that is placed over the concrete base will be paid for by the ton with the bid item “Partial Depth Asphalt Repair (BM-2)(PG64-22)”. The final asphalt surface shall be 2” in depth and flush with adjacent pavement surfaces. All cost for removal of the asphalt surface shall be subsidiary to other bid items.

All concrete pavement shall be reinforced with 6 X 12, W4 X W4 welded wire mesh. Material for sealing joints in the new pavement shall be Crafco Road Saver #221 or pre-approved equal. No. 4 rebars 2'0" long on 30" centers with a minimum of 2 bars in any patch side shall be drilled and epoxied into existing concrete. The Epoxy shall be Simpson SET High Strength or equivalent. Hammering rebars into concrete is not allowed. The cost of all the

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

City of Wichita 4 RFB #260115 necessary work to complete the repair work such as full depth saw cut, removal and replacement is subsidiary to that particular repair bid items. All base repairs and concrete pavement repairs, regardless of location, require full-depth saw cuts. All saw cutting will be considered subsidiary to the other bid items.

Concrete Specifications. All concrete used in the construction of driveway sidewalk shall conform to the Standard Specifications for such work and shall be high-early strength mix containing 40% rock and a minimum of 620 pounds of cement per cubic yard. All driveway sidewalk constructed with the high-early strength mixes will be opened to vehicular traffic at the end of a period of 96 hours after placement of such concrete.

All concrete repairs are to be made using the City’s 6.6 sack AE/HE concrete mix.

Stamping. Every pour of concrete, except concrete base, shall be stamped with the Contractor's name and year of construction. Contractor's name and year shall be in formed letters and numbers 1½ inches high at each end of the pour. Concrete not stamped shall be removed and replaced at the Contractor’s expense.

Joints. Contraction joints in curb or curb and gutter may be either tooled or sawed. The tooling or sawing shall be of an adequate depth to establish a plane of weakness for cracking, and in no case shall the depth be less than 3-inchs. Joints in sidewalks and driveways shall be tooled. All joints in concrete pavement must be sawed for relief at a depth of at least 3 inches within 12 hours of placement or tooled at time of placement. All expansion joints shall conform to current City standards. Locations of all joints shall conform to the locations of such joints in the existing pavements. All sawed joints and expansion joints installed in street pavement shall be sealed with the specified hot pour joint sealant in accordance with Crack Sealing Specifications provided in this contract.

No driveway access or the pavement in front of driveway access will be removed on Friday & left open over the weekend unless it is poured by Saturday. The concrete needs to be placed within 2 working days of beginning any excavation. The day of initial excavation counts as day one. The Contractor will reimburse the City liquidated damages of $200 per day for each calendar day beyond that time. Any other pavement excavation, the concrete needs to be placed within 3 working days of beginning any excavation. The day of initial excavation counts as day one. The Contractor will reimburse the City liquidated damages of $200 per day for each calendar day beyond that time.

The Contractor shall be responsible for recording horizontal and vertical control of existing pavement prior to removal. The Contractor shall re-establish grades to insure positive drainage. In the event that a difference in elevation does not exist between removal limits, it shall be the Contractor’s responsibility to inform the Engineer of such conditions. The Contractor shall contact the Engineer to verify grades on stakes established by the Contractor prior to placing concrete. Asphalt repairs work shall include all costs of milling and re-leveling asphalt street patches to facilitate proper drainage as directed by the Engineer and shall be paid by the ton of BM-2 surface course asphalt. Details on tentative locations will be discussed at the Pre-Bid Meeting. The Contractor shall be responsible for positive drainage where a difference in elevation exists between curb cuts or pavement cuts. Every effort shall be made by the Contractor to restore disturbed areas as soon as possible.

Combined Curb and Gutter. See Attachment F for curb and gutter repair detail. This curb shall be installed at 2.5’ wide. Asphalt patching as shown in Attachment F along high edge of curb shall be performed adjacent to all curb, valley gutters, etc., where asphalt abuts concrete and shall paid with the bid item “Partial Depth Asphalt Repairs (BM-2)(PG64-22)”.

Traffic Control shall be considered subsidiary to bid items within this contract and shall follow MUTCD. Several locations may require flagmen or a marked detour. The contractor must ensure all detours are fully marked according to MUTCD.

Street Sign Relocation. The bid item “Street Sign Relocation” Will be used when a street sign needs to be relocated or reset due to work adjacent to it and will be paid for each occurrence.

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

City of Wichita 5 RFB #260115

Storm Water Inlet Forming Up-Charge. A bid item for “Inlet Hookup” is included with this project. This is a measured quantity bid item that compensates the contractor for the additional costs associated with the gutter street construction directly in front of a Storm Water inlet.

13. Pre-Microsurfacing Sweeping. The contractor will be required to sweep the street prior to the Microsurfacing application if directed by the Project Engineer or Inspector. This must be accomplished by use of a vacuum or regenerative air type sweeper. The contractor will be responsible for proper disposal of all material collected during the sweeping process. Cost for this work will be paid for with the bid item “Pre-Microsurfacing Sweeping”. This bid item is intended to clean the street of excessive pre-existing debris and not to be used to sweep up excess construction materials left by the street repair contractor or replace the normal sweeping required to clean the street prior to the Microsurfacing operation.

14. Extra Work. Extra work above the contract amount shall not be started before a written agreement between the

Contractor and the City has been executed stipulating that the work shall be paid for at the stated unit price or lump sum. Work performed above the contract amount without a properly executed change order shall be entirely at the Contractor's risk. The Contractor shall share responsibility for tracking budgeted funds available in the project with the Engineer and shall give written notice of agreement or disagreement of work quantity performed on a weekly basis.

15. Tentative Locations. Tentative locations of work are as indicated on Attachment A & C. Work shall be performed on locations as directed by the Engineer. The City reserves the right to add or delete locations for this work as directed by the Engineer. Some locations may receive two coats of Microsurfacing. These areas will be chosen at the time of placement by the project Engineer/Inspector.

16. Notification to Property Owners. The Contractor shall be responsible for notifying property owners adjacent to construction that he will be performing work under contract with the City. The notification shall be given to the property owners a minimum of 48 hours in advance through the use of door hangers. In addition to a brief description of work to be done, the notification shall contain a telephone number and address for contacting the Contractor. The Contractor shall be available by telephone to answer citizen’s questions and address citizen’s complaints during week-day work hours from 8:00 to 12:00 a.m. and 1:00 to 5:00 p.m. The week-day work hours shall be clearly stated on the door hanger. The Contractor shall be responsible to provide construction information to citizens beginning on the work order date up to completion of the project. Failure to respond to citizen concerns will be considered a default of Contract and be subject to conditions as stated in Section 108.7 in the City of Wichita Standard Specifications. A copy of the notice shall be submitted to the Engineer at the Pre-construction Conference for approval.

17. Defect. Once the contractor is notified of any defect of the work, the defect needs to be completed within 15 working days, otherwise there will be a $300.00 per day penalty.

18. Traffic Control. The contractor must follow the MUTCD for all traffic control. Locations that have schools adjacent to any street listed on attachment A must have all prep and overlay work completed during the summer months when USD 259 is not in session. Maps that will require all work to be completed before USD 259 is back in session is Maps 1, 5, 7, and 8.

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

City of Wichita 6 RFB #260115

BID TERMS

Bid Submission Sealed Request for Bid (RFB) will be received in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas 67202, prior to 10:00 O'CLOCK A.M., Friday, May 8, 2026. Bids may be submitted on our website at (wichita.gov/procurementportal) using a secure login/password.

Electronic submissions are requested. Bids are to be submitted through 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.

If you haven't already completed a Bonfire registration for system access, please visit wichita.gov/purchasing for assistance. On the Purchasing website's page, you can find a video tutorial (Bonfire Registration Video) walkthrough and registration resources to help in the completion of the registration process. If you need further assistance, 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.

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.

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.

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. Have a minimum of 3 years’ experience in providing similar services specified in this RFB.

2. Understanding of industry standards and best practices.

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

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

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

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

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

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

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

10. Park only in designated areas and display parking permit (if provided).

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

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

City of Wichita 7 RFB #260115

12. Project must meet local, state, and federal guidelines as applicable.

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

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

Bid Requirements

1. Completed Procurement Portal (wichita.gov/procurementportal) submission.

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 from a Responsible and Responsive Vendor.

Debriefing

The City of Wichita encourages solicitation respondents to learn, grow, and improve their competitiveness for City procurement opportunities.

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

Challenges and Protests

Challenges

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

The written challenge of the solicitation specifications must be filed with the Purchasing Manager located on the

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

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

Protests

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

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

City of Wichita 8 RFB #260115

The written protest for bids must be filed with the Contract Compliance Officer located on the 12th Floor, Finance

Department, City Hall, 455 N Main, Wichita, KS 67202, prior to 9:00 a.m. of the Tuesday immediately following the posting of the notice of intent to award on the City’s Purchasing Bid Results site wichita.gov/purchasing. Failure of a protestor to file a written protest related to the award of a contract prior to the 9:00 a.m., Tuesday deadline will invalidate that protest and cause it not to be considered.

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

The Contract Compliance Officer will acknowledge receipt of the written protest. The written protest is to include the name, address, email address and telephone number of the protestor, identification of the solicitation number or contract number and project title, a detailed statement of the reasons for the protest which justify the relief sought, supporting evidence or documentation to substantiate any arguments, and a concise statement of the form of relief requested (e.g.

reconsideration of the offer). All the above required information must be included in the protest at its submission. Untimely protests will be returned unopened. Incomplete protests will be rejected without consideration.

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

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

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

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

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

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

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

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

City of Wichita 9 RFB #260115 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.

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

City of Wichita 10 RFB #260115

LIABILITY INSURANCE SPECIFICATIONS

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

1. Commercial General Liability

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

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

Property Damage Liability $1,000,000 Each Occurrence $2,000,000 Annual Aggregate

Or

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

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

Bodily Injury Liability $1,000,000 Each Occurrence Property Damage Liability $1,000,000 Each Occurrence

Or

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

3. Workers' Compensation to meet Statutory requirements.

4. Employers Liability $1,000,000 Each Accident $1,000,000 Occupational Disease $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_X__ NO ___

7. Umbrella Liability $5,000,000 Each Claim $5,000,000 Annual Aggregate

The City of Wichita shall be added as primary and non-contributory additional insured to the general commercial and automobile liability coverages. 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 and contractor shall provide a Certificate of Insurance evidencing such coverages prior to beginning of services under this Agreement.

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.

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

City of Wichita 11 RFB #260115

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.

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 FROM A RESPONSIBLE AND RESPONSIVE

VENDOR.

https://wichita.bonfirehub.com/

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

City of Wichita 12 RFB #260115

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.