2-BP 448-2025-010666.pdf

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 Water Distribution System to serve Oak Tree

Addition 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 December 5, 2025, 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 448-2025-010666

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 FORM 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

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 #250347

SPECIAL PROVISION TO CITY OF WICHITA, KANSAS

STANDARD SPECIFICATIONS

Water Distribution System to serve Oak Tree Addition

(South of HGHY 54 and West of 151st St W) 448-2025-010666/47127825/E5141

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 Matt Schultze, P.E., Subdivision Engineer, at (316) 268-4235 or mschultze@wichita.gov.

THIS IS NOT A STATE/FEDERAL AID CONTRACT.

PROJECT SPECIFIC

1. Start Date. The work order on this project shall be issued 30 (thirty) calendar days after the date on which the contract for this project has been awarded to the successful bidder.

2. Working Days/Completion Date. The work on this project(s) shall be completed within 80 (eighty) working days from date of beginning work and in accordance with the plans and Standard Specifications. 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.

3. Basis of Payment. Payment for the bid items will be as a lump sum/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.

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. NOI. The Notice of Intent (NOI) has been included with these bid documents.

VF/kb https://www.wichita.gov/630/Standard-Specifications https://customer.e-arc.com/arcEOC/ARCPlanRoom.aspx mailto:mschultze@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 #250347

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, December 5, 2025. 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.

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

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

City of Wichita 3 RFB #250347

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.

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

City of Wichita 4 RFB #250347

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.

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

City of Wichita 5 RFB #250347

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.

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

City of Wichita 6 RFB #250347

LIABILITY INSURANCE SPECIFICATIONS

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

1. Commercial General Liability

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

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

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

Or

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

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

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

Or

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

3. Workers' Compensation to meet Statutory requirements.

4. Employers Liability $1,000,000 Each Accident $1,000,000 Occupational Disease $2,000,000 Annual Aggregate The following additional coverages will apply when selected:

Required: YES___ 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 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 7 RFB #250347

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.

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

City of Wichita 8 RFB #250347

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. City shall not 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 and all 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 to 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. 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, 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.

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

City of Wichita 9 RFB #250347

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 so as to ensure that the City shall at all times 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, and the applicable provisions of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) (ADA); (b) to not engage in discrimination in employment against its contractors, subcontractors, or employees on the basis of their age, color, disability, familial status, gender identity, genetic information, national origin or ancestry, race, religion, sex, sexual orientation, 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.

Contractor’s failure to comply with the reporting requirements of (d) above, or if the Contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission or City of Wichita Hearing Officer, such violation shall constitute a breach of contract and the Agreement may be cancelled, terminated or suspended, in whole or in part by City without incurring contractual damages or penalty; and (g) if it is determined that the Contractor has violated applicable provisions of the ADA, such violation shall constitute a breach of the Agreement and the Agreement may be cancelled, terminated or suspended, in whole or in part by City without incurring contractual damages or penalty.

14. Suspension/Debarment. Contractor acknowledges that as part of the Code of Federal Regulations (2 C.F.R. Part 180) a person or entity that is debarred or suspended in the System for Award Management (SAM) shall be excluded from federal financial and nonfinancial assistance and benefits under federal programs and activities. All non-federal entities, including the City of Wichita, must determine whether the Contractor has been excluded from the system and any federal funding received or to be received by the City in relation to this Agreement prohibits the City from contracting with any Contractor that has been so listed. In the event the Contractor is debarred or suspended under the SAM, the Contractor shall notify the City in writing of such determination within five (5) business days as set forth in the Notice provision of this Agreement. City shall have the right, in its sole discretion, to declare the Agreement terminated for breach upon receipt of the written notice. Contractor shall be responsible for determining whether any sub-contractor performing any work for Contractor pursuant to this Agreement has been debarred or suspended under the SAM and to notify City within the same five (5) business days, with the City reserving the same right to terminate for breach as set forth herein.

15. Compliance with Law. Contractor shall comply with all applicable local, state, and federal laws and regulations in carrying out this Agreement, regardless of whether said local, state, and federal laws are specifically referenced in the Agreement to which this attached is incorporated.

16. No Assignment. The services to be provided by the VENDOR under this Contract are personal and cannot be assigned, delegated, sublet, or transferred without the specific written consent of the CITY.

17. Third Party Exclusion. This Agreement is intended solely for the benefit of City and Contractor and is not intended to benefit, either directly or indirectly, any third party or member(s) of the public at large. No third party may sue for damages based on the terms or performance of this Agreement.

18. No Arbitration. The Contractor and the City shall not be obligated to resolve any claim or dispute related to the Contract by arbitration. Any reference to arbitration in bid or proposal documents is deemed void.

19. Bankruptcy. Contractor shall be considered to be in default of this Contract in the event Contractor (i) applies for or consents to the appointment of a receiver, trustee, or liquidator of itself or any of its property, (ii) is unable to pay its debts as they mature or admits in writing its inability to pay its debts as they mature, (iii) makes a general assignment for the benefit of creditors, (iv) is adjudicated as bankrupt or insolvent, or (v) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors, or taking advantage of any bankruptcy, reorganization, insolvency, readjustment of debt, dissolution or liquidation law or statute, or admits the material allegations of a petition filed against it in any proceedings under any such law, or if any action shall be taken by Contractor for the purpose of effecting any of the foregoing.

20. Ownership of Data. All data, forms, procedures, software, manuals, system descriptions, and workflows developed or accumulated by Contractor in relation to this Agreement shall be owned by City and shall be handed over and/or returned to City upon the expiration or termination of this Agreement. Contractor shall not release any such materials without written approval of the City.

(Rev. 12/20/2024)

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

City of Wichita 10 RFB #250347

EXHIBIT B

CITY OF WICHITA MANDATORY INDEPENDENT CONTRACTOR ADDENDUM

1. The parties agree Contractor shall satisfy all tax and other governmentally imposed responsibilities including, but not limited to payment of state, federal, and social security taxes; unemployment taxes; workers’ compensation and self-employment taxes. No federal, state, or local taxes of any kind shall be withheld or paid by City and Contractor shall indemnify City for its failure to comply with Contractor’s responsibilities under this paragraph.

2. The parties agree that as an independent contractor, Contractor is not entitled to any benefits from City, including but not limited to: (a) unemployment insurance benefits; (b) workers’ compensation coverage; or (c) health insurance coverage. Contactor may only receive such coverages if provided by Contractor or an entity other than City. Subject to the foregoing, Contractor hereby waives and discharges any claim, demand, or action against City’s workers’ compensation insurance and/or health insurance and further agrees to indemnify City for any such claims related to Contractor’s operations or the performance of services by Contractor hereunder.

3. The parties hereby acknowledge and agree that City will not: (a) require Contractor to work exclusively for City; (b) establish means or methods of work for Contractor, except that City may provide plans and specifications regarding the work but will not oversee the actual work. City may establish performance standards for the contracted outcomes. (c) pay to Contractor a salary or hourly rate, but rather will pay to Contractor a fixed or contract rate; (d) provide training for Contractor on performance of the services to be done; City may provide informational briefing on known conditions.

(e) provide tools or benefits to Contractor (materials and equipment may be supplied if negotiated); (f) dictate the time of Contractor’s performance;

and (g) pay Contractor personally; instead, City will make all checks payable to the trade or business name under which Contractor does business.

4. Contractor does not have the authority to act for City, to bind City in any respect whatsoever, or to incur debts or liabilities in the name of or on behalf of City.

5. Unless given express written consent by City, Contractor agrees not to bring any other party (including but not limited to employees, agents, subcontractors, sub-subcontractors, and vendors) onto the project site.

6. If Contractor is given written permission to have other parties on the site, and Contractor engages any other party which may be deemed to be an employee of Contractor, Contractor will be required to provide the appropriate workers’ compensation insurance coverage as required by this Agreement.

7. Contractor has and hereby retains control of and supervision over the performance of Contractor’s obligations hereunder. Contractor agrees to retain control over any allowed parties employed or contracted by Contractor for performing the services hereunder and take full and complete responsibility for any liability created by or from any actions or individuals brought to the project by Contractor.

8. Contractor represents that it is engaged in providing similar services to the public and not required to work exclusively for City.

9. All services are to be performed solely at the risk of Contractor and Contractor shall take all precautions necessary for the safety of its and the City’s employees, agents, subcontractors, sub-subcontractors, vendors, along with members of the public it encounters while performing the work.

10. Contractor will not combine its business operations in any way with City’s business operations and each party shall maintain their operations as separate and distinct.

(Rev. 12/20/2024)