3-Group 2 Utility Bed 9ft Solicitation Document.pdf

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Attached to
13, 000 GVWR Cab and Chassis Trucks
Solicitation number
260023
Issued by
Sedgwick County, Kansas

About this file

This is a Request for Bid (RFB) solicitation document issued by the City of Wichita Finance Department/Purchasing Division for the Public Works & Utilities Department Fleet Division. The City of Wichita seeks bids for a 13,025 GVWR Four Wheel Drive Extended Cab and Chassis with a 9-foot Utility Bed Truck under Group 2 of the solicitation. The solicitation was advertised on February 25, 2026, with written questions due by March 19, 2026, at 3:00 p.m. Answers to questions will be posted as an addendum the week of March 23, 2026. Bids are due on March 27, 2026, at 10:00 a.m. and must be submitted electronically through the City's Procurement Portal (wichita.bonfirehub.com). City Council approval is tentatively scheduled for April 7, 2026. The contract award will be based on the lowest and best total net bid per group with any selected options.

The vehicle specifications require current standard production, new, and unused trucks meeting or exceeding industry and SAE standards, with service facilities located in the Wichita, Kansas area or qualified factory-trained technicians available within 24 hours. Minimum specifications include a 6.6-liter gasoline engine, 155-inch wheelbase, heavy-duty automatic transmission, electronic transfer case, automatic locking differential, four-wheel disc brakes with ABS, power steering with cooler, heavy-duty suspension, six 18-inch blackwall all-terrain tires, and a 9-foot utility body with specified compartments and equipment including drawers, power inverter, LED lights, video camera system, and various additional equipment such as extended mirrors, towing package, step bars, radio chargers, warning light systems, and reverse alarm. Bidders must indicate whether items meet or exceed specifications or provide descriptions of any deviations. The successful bidder must provide proof of warranty service capability and deliver all documentation including operation manuals, service/maintenance manuals, electrical diagrams, and emissions diagnostic manuals. Delivery is F.O.B. destination to the City's Fleet Maintenance Division at 1801 S. McLean Boulevard, Wichita, Kansas, with odometer readings not to exceed 50 miles at delivery.

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CITY OF WICHITA

FINANCE DEPARTMENT/PURCHASING DIVISION

455 N. MAIN ST WICHITA, KS 67202

PHONE: (316) 268-4636

WICHITA.GOV/PURCHASING

PURCHASING@WICHITA.GOV

wichita.gov/procurementportal

REQUEST FOR BID #260023

13,025 GVWR Four Wheel Drive Extended Cab and Chassis with 9ft Utility Bed Truck – Public Works & Utilities Department

City of Wichita – Fleet Division

February 25, 2026

PROJECT DEFINITION

The City of Wichita is seeking bids from firm(s) for a 13,0250 GVWR GVWR Four Wheel Drive Extended Cab and Chassis with 9ft Utility Bed Truck for the Fleet Division.

Group 2 - 13,025 GVWR Four Wheel Drive Extended Cab and Chassis with 9ft Utility Bed Truck. See Section II. Scope of Services; Meets/Not Meets Response Matrix for extended cab and chassis specifications.

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

OPTION(S) AS SELECTED.

Any questions may be submitted in writing to Jason Brogden (jbrogden@wichita.gov) no later than 3:00 pm, March 19, 2026. Questions must be submitted via email, and they will be answered through an addendum made available to all interested parties.

Tentative Schedule of Events Solicitation Advertised February 25, 2026 Questions Due Via Email March 19, 2026, 3:00 p.m.

Questions Answered Via Addendum Week of March 23, 2026 Bids Due March 27, 2026, 10:00 a.m.

City Council (tentative) April 7, 2026 https://www.wichita.gov/PURCHASING mailto:Purchasing@wichita.gov https://wichita.bonfirehub.com/

The City of Wichita is a leading-edge organization serving a dynamic and inclusive community.

City of Wichita 2 RFB #260023

Table of Contents

I. OVERVIEW AND SUMMARY

II. SCOPE OF SERVICES

III. BID TERMS

A. Questions and Contact Information:

B. Bid Submission:

C. Evaluation Criteria:

D. Tentative Schedule:

E. Minimum Respondent Qualifications:

F. Bid Requirements:

G. City of Wichita Responsibilities:

H. Challenges and Protests

IV. GENERAL SPECIFICATIONS:

City of Wichita 3 RFB #260023

I. OVERVIEW AND SUMMARY

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

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

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

The City of Wichita is soliciting request for bids from vendors and/or firms for 13,025 GVWR Four Wheel Drive Extended Cab & Chassis with 9 Foot Utility Bed Truck for the Fleet Division. The City reserves the right to award all, some, or none of the goods/services set forth in this Request for Bid (RFB) to anyone proposer based on the City’s review and assessment of the bids meeting the criteria/specifications set forth herein.

II. SCOPE OF SERVICES

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

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

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

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

Ford F350

GMC K3500 HD

Chevrolet K3500 HD

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

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

https://www.wichita.gov/

Meets/Not Meets Response Matrix Section I

City Specifications (Minimum) Section II

Bidder’s Proposal

Specification Meets Not Meets Comments (required if deviation listed)

TYPE:

FULL SIZE FOUR WHEEL DRIVE DRW (ELECTRONIC CONTROL) 4 FULL SIZE DOORS, CAB AND

CHASSIS ONLY (NO BED) TRUCK 60" CAB TO AXLE MINIMUM 13,025 GVWR

ENGINE:

MINIMUM 6.6 LITER GASOLINE

WHEELBASE:

MINIMUM of 155 INCHES

TRANSMISSION:

HEAVY DUTY AUTOMATIC FACTORY STANDARD WITH OVERDRIVE AND AUXILIARY COOLER

TRANSFER CASE:

FACTORY STANDARD WITH ELECTRONIC TOUCH CONTROL

DIFFERENTIAL:

HEAVY DUTY AUTOMATIC LOCKING AXLE. MANUFACTURER TO SELECT REAR LIMITED SLIP

AXLE W/ RATIO WHICH WILL MEET MINIMUM SPECIFICATIONS & PROVIDE THE BEST

OVERALL VEHICLE PERFORMANCE

COOLING SYSTEM:

HEAVY DUTY COOLING SYSTEM WITH ANTI-FREEZE PROTECTION TO -25 DEGREES

FAHRENHEIT MINIMUM. DEX-COOL SILICATE -FREE EXTENDED LIFE COOLANT

BRAKES:

FACTORY STANDARD POWER, 4 WHEEL DISC BRAKES, WITH 4 WHEEL A.B.S.

STEERING:

FACTORY STANDARD POWER STEERING WITH COOLER

SUSPENSION:

HEAVY DUTY SPRINGS & SHOCK ABSORBERS FRONT & REAR, TO MATCH MINIMUM PAYLOAD

OF 6,300 LBS., GVWR OF13,025 LBS AND TOWING CAPACITY OF 8,000 LBS.

TIRES AND WHEELS:

SIX (6) WHEELS MINIMUM 18 INCH WITH STANDARD HUBCAPS

SIX (6) BLACKWALL ALL OFF-ROAD/ALL-TERRAIN TIRES TO MATCH PAYLOAD/GVW

REQUIREMENTS.

City of Wichita 7 RFB #260023

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets

Comments (required if deviation listed)

ALTERNATOR:

135 AMP HEAVY DUTY OUTPUT CAPACITY.

BATTERY:

HEAVY DUTY MINIMUM 800 AMP

INSTRUMENTS:

FACTORY STANDARD

HEATER:

FACTORY STANDARD, FRESH AIR TYPE

AIR CONDITIONER:

FACTORY STANDARD AIR CONDITIONING WITH FRESH AIR FILTER

EXTERIOR PAINT:

FACTORY WHITE WITH CLEAR COAT OR APPROVED EQUAL.

INTERIOR:

FACTORY STANDARD, ELECTRIC VINYL BUCKET SEATS WITH HEAVY DUTY SEAT COVERS

AND ADJUSTABLE LUMBAR SUPPORT AND FULL-SIZE CENTER CONSOLE FOR STORAGE.

FULL BENCH SEAT IN REAR W/ UNDERNEATH STORAGE

FLOOR COVERING:

HEAVY-DUTY RUBBER ONE-PIECE FLOOR MAT. HEAVY-DUTY INSULATION UNDER FLOOR

COVERING IS REQUIRED. RUBBER FLOOR MATS FOR BOTH DRIVER AND PASSENGER SIDE

OF CAB

WINDSHIELD WIPERS:

FACTORY STANDARD WITH INTERMITTENT FEATURE

9FT LONG UTILITY BODY IN LIEU OF PICKUP BED:

VEHICLE IS TO BE EQUIPPED WITH 9' LONG 89''WIDE KNAPHEIDE KUVCC (MODEL

KC108M2094J OR APPROVED EQUAL) ENCLOSED UTILITY BODY PAINTED TO MATCH TRUCK

WITH MINIMUM FLOOR TO CEILING 78" HEIGHT, E-TRACK FOR INTERIOR (2 ROW), SIDE

ACCESS DOORS. REMOTE POWER LOCKING SIDE ACCESS DOORS. COMPARTMENT

LIGHTING FOR ALL COMPARTMENTS. CLASS V RECIEVER HITCH RECESSED AREA FOR

RECIEVER HITCH BUMPER WITH VICE BRACKET .ALTERNATE EQUIVALENTS MAY BE

ACCEPTABLE IF APPROVED BY SEWER SUPERVISOR PRIOR TO BIDDING

City of Wichita 8 RFB #260023

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets

Comments (required if deviation listed)

9FT LONG UTILITY BODY IN LIEU OF PICKUP BED CONTINUED:

THE FRONT PASSENGER SIDE COMPARTMENT TO BE EQUIPPED WITH ONE 4", TWO 3", FIVE

2" C-TECH PULL OUT ALUMINUM DRAWERS. POWER INVERTER MOUNTED IN COMPARTMENT

OVER DRIVERS SIDE REAR WHEEL, WITH ONE EXTERNAL ELECTRIC OUTLET MOUNTED ON

THE FRONT PASSANGER SIDE UTILITY BOX. AND ONE INTERNAL ELECTRIC OUTLET

MOUNTED INSIDE REAR DOORS. ELECTRIC OUTLET LOCATIONS ARE TO BE APPROVED BY

SEWER SUPERVISOR PRIOR TO CONSTRUCTION OF EQUIPMENT.

INTERIOR FLOOR TO HAVE SPRAY-ON BED LINER COATING APPLIED

ALL OTHER COMPARTMENTS TO COME AS STANDARD SET UP WITH COMPARTMENT

LIGHTING. 2 LED INTERIOR LIGHTS, SWITCHED AT REAR OF INSIDE OF BOX UTILITY BOX TO

BE PAINTED INSIDE AND OUT TO MATCH TRUCK BODY.

VIDEO CAMERA SYSTEM, COLOR CLOSED CIRCUIT VIDEO CAMERA MOUNTED TO REAR

CENTER TOP OF SERVICE BODY WITH VIDEO MONITOR INSIDE REAR VIEW MIRROR (SMART

MIRROR

CHASSIS KEYS:

EACH UNIT SUPPLIED UNDER THIS BID SHALL BE DELIVERED WITH A MINIMUM OF 4 COPIES

OF EACH KEY AND KEY FOB REQUIRED FOR THE VEHICLE

ADDITIONAL REQUIRED EQUIPMENT:

THE FOLLOWING FEATURES ARE TO BE TNCLUDED IN THE VEHICLE BID.

POWER / HEATED EXTENDTNG CAMPER STYLE LEFT & RIGHT OUTSIDE REAR VIEW MIRRORS

WITH A MINIMUM VIEWABLE AREA OF 5" X 7".

TOWING PACK.AGE WITH RECEIVER HITCH AND 7 PTN TRAILER LIGHT RECEPTACLE AT THE

REAR OF THE UNIT.

WESTIN NERF STEP BARS OR APPROVED EQUAL, BOTH SIDES FULL SIZE SPARE TIRE &

WHEEL

City of Wichita 9 RFB #260023

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets

Comments (required if deviation listed)

ADDITIONAL REQUIRED EQUIPMENT CONTINUED:

FULL SIZE SPARE TIRE & WHEEL

HEAVY DUTY 5,000 LBS. REAR STEP BUMPER

CAB ELECTRIC WINDOWS AND DOOR LOCKS

PASSENGER SIDE AIRBAG DISABLING DEVICE

TWO FRAME-MOUNTED TOW HOOKS ON THE FRONT AND TWO FRAME-MOUNTED TOW

HOOKS ON THE REAR

MINIMUM TWO DASH-MOUNTED 12-VOLTS POWER OUTLETS, 2 USB CHARGING OUTLETS

ENGINE HOUR METER

FUEL TANK SKID SHIELD PLATE

REVERSE ALARM SYSTEM, ELECTRONIC TYPE CONNECTED TO REVERSE LIGHT SWITCH, 90

OBA MINIMUM. BALLARD MODEL MPAII OR EQUIVALENT.

VIDEO CAMERA SYSTEM, COLOR CLOSED CIRCUIT VIDEO CAMERA MOUNTED TO REAR

CENTER TOP OF SERVICE BODY WITH VIDEO MONITOR MOUNTED TN OR ON THE DASH OF

THE VEHICLE.

INSTALL TWO (2) MOTOROLA VEHICLE RADIO CHARGERS TN CAB, MODEL# WPLN4208,

LOCATION TO BE VERIFIED WITH SEWER SUPERVISOR

POWER INVERTER WITH MINIMUM OF – 3,000 WATTS CONTINUOUS OUTPUT POWER AND -

6,000 WATTS OF SURGE POWER CAPABILITY (PEAK POWER). MOUNTED, WIRED, WITH FUSE

OR BREAKER IN TRUCK BODY COMPARTMENT AS DESCRIBED AS ABOVE.

City of Wichita 10 RFB #260023

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets

Comments (required if deviation listed)

WARNING LIGHT SYSTEM CONTINUED:

TWO (2) PETERSON PIRANHA 423LED RECESSED MOUNT STOP-TAIL-TURN LIGHTS AND TWO

(2) AMBER PETERSON PIRANHA 423A-l RECESSED MOUNT FLASHING LEDS WIRED TO FLASH

IN SYNCHRONOUS MODE OR APPROVED EQUAL. CONTROL SWITCHES TO BE MOUNTED ON

THE DASH OF VEHICLE

ONE (1) WHELEN R2LPPA OR APPROVED EQUAL MOUNTED ON CAB ROOF CONTROL TO BE

MOUNTED ON DASH OF VEHICLE

TWO (2) ARROWSTICKS, WHELEN TACF-85 OR APPROVED EQUAL. ONE MOUNTED ON THE

TOP REAR OF THE UTILITY BOX. ONE TO BE MOUNTED ON THE TOP FRONT OF THE UTILITY

BOX AND VISIBLE WELL ABOVE WHELEN CAB LIGHT. BOTH ARROWSTICKS TO BE MOUNTED

BELOW ROOF LEVEL OF THE TOPPER TO AVOID INTERFERENCE WITH TOPPER LADDER

RACK. BOTH ARROWSTICKS TO BE MOUNTED WITH SPACER BLOCKS TO PREVENT

OVERHEATING. SWITCHES AND CONTROLS MUST BE MOUNTED ON THE DASH OF VEHICLE

SPECIAL NOTES:

ALL VEHICLES FURNISHED UNDER THIS SPECIFICATION MUST COMPLY WITH CURRENT

FEDERAL MOTOR VEHICLE SAFETY STANDARDS

NO DEALER EMBLEMS, DECALS OR PLACARDS, ADVERTISEMENT OF MANUFACTURER’S

ADDRESS, WEBB ADDRESS AND PHONE NUMBERS ARE NOT TO BE PLACED ON VEHICLE

MILEAGE: ODOMETER READING AT F.O.B. DESTINATION MUST NOT EXCEED 50 MILES

DELETION: NO FACTORY-INSTALLED EQUIPMENT OR OPTIONAL PACKAGE EQUIPMENT TO

BE DELETED. ALL OPTIONS AND/OR OPTION PACKAGES THAT ARE FACTORY STANDARD

ON THE MODEL BID MUST BE PROVIDED ON THE VEHICLE BID.

City of Wichita 11 RFB #260023

Section I City Specifications (Minimum)

Section II Bidder’s Proposal

Specification Meets Not Meets

Comments (required if deviation listed)

MANUALS CONTINUED:

THE SUCCESSFUL BIDDER SHALL DELIVER TO THE FLEET MAINTENANCE SUPERVISOR FOR

UNITS FURNISHED UNDER THIS BID, A LINE SHEET, AND TWO SETS OF THE FOLLOWING,

CURRENT EDITION OF THE OPERATIONS MANUAL.

CURRENT EDITION OF THE SERVICE / MAINTENANCE REPAIR MANUAL.

CURRENT EDITION OF THE ELECTRICAL DIAGRAMS.

CURRENT EDITION OF THE EMISSIONS DIAGNOSES MANUAL

THE SUCCESSFUL BIDDER SHALL ALSO DELIVER TO THE SEWER SUPERVISOR FOR UNITS

FURNISHED UNDER THIS BID, ONE ELECTRONIC SET OF THE FOLLOWING:

CURRENT EDITION OF THE OPERATIONS MANUAL.

CURRENT EDITION OF THE SERVICE / MAINTENANCE REPAIR MANUAL

WARRANTY SERVICE:

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

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

FURNISH IN WRITING, MANUFACTURER'S STANDARD WARRANTY TERMS AND CONDITIONS

THAT THEY AGREE TO ADMINISTER

F.O.B. DESTINATION:

THE SUCCESSFUL BIDDER SHALL DELIVER ALL VEHICLES F.O.B. DESTINATION TO THE CITY

OF WICHITA, FLEET MAINTENANCE DIVISION, 1801 S. MCLEAN BLVD., WICHITA, KS

CORRECTION OF DEFICIENCIES:

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

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

CORRECT SUCH DEFICIENCIES WITHOUT DELAY

OPTIONS:

OPTION 1: OVERHEAD/ DROP DOWN TO PASSENGER SIDE LADDER RANK

III. BID TERMS

A. Questions and Contact Information:

Any questions regarding this document must be submitted via email to Jason Brogden, jbrogden@wichita.gov in accordance with the dates and times stipulated for questions. Any questions of a substantive nature will be addressed in written form as a posted addendum on the City’s Procurement Portal (wichita.gov/procurementportal). Respondents are responsible for checking the City’s Procurement Portal and acknowledging any addenda electronically as a part of the Procurement Portal submission’s electronic acknowledgment for all stipulated response forms and addendum acknowledgments.

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

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

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

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

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

B. Bid Submission:

Bids will be received (electronically as stated) in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas, prior to 10:00 O'CLOCK A.M., Friday, March 27, 2026 Bids are to be submitted through the City’s Procurement Portal (wichita.gov/procurementportal) using a secure login/password.

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

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

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

C. Evaluation Criteria:

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

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

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

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

D. Tentative Schedule:

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

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

City of Wichita 13 RFB #260023

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

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

Event Date Solicitation Advertised February 25, 2026 Last Day for Written Question March 19, 2026 @ 3:00 p.m.

Addendum Posting Week of March 23, 2026 Bid Due March 27, 2026 @ 10:00 a.m.

City Council Approval (Tentative) April 7, 2026

E. Minimum Respondent Qualifications:

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

Bidders shall:

1. Understanding of industry standards and best practices.

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

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

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

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

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

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

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

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

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

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

F. Bid Requirements:

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

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

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

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

a. Lowest and best total lump sum base bid per group with option(s) as selected. When requested will be calculated by aggregate group total. No other pricing or miscellaneous charges will be submitted.

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

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

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

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

City of Wichita 14 RFB #260023

G. City of Wichita Responsibilities:

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

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

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

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

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

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

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

https://selfserviceict.wichita.gov/vss/ https://www.wichita.gov/DocumentCenter/Index/829

City of Wichita 15 RFB #260023

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

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

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

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

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

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

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

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

2. violations of Federal law or regulations.

City of Wichita 16 RFB #260023

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

SOLICITATION

260023 PW_Fleet Maintenance

13,000 GVWR Cab and Chassis Trucks Responses are due before:

CONTACT INFORMATION

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

DELIVERY INFORMATION

Deliver To: FINANCE PURCHASING

455 N MAIN ST,12TH FLOOR

WICHITA, KS 67202

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

Line # Bid Item Description Quantity UOM Unit Price Extended Price Group 1

1 - 1 Group 1 - Base Bid: New Unused Current Model 13,200 GVWR Cab & Chassis with 11 Foot Stake Bed 1 EA

1 - 2 Group 1 - Option 1: Factory Installed Electric Brake Controller 1 EA

Group 2

2 - 1

Group 2 - Base Bid: New Unused Current Production Model 13,025 Four Wheel Drive Extended Cab and Chass with 9-Ft Utility Bed Truck. 1 EA

2 - 2 Group 2 - Option 1: Overhead/Drop Down to Passenger Side Ladder Rank 1 EA

Group 3

3 - 1

Group 3 - Base Bid: New Unused Current Production Model 13,025 Four Wheel Drive Extended Cab and Chass with Utility Bed Truck. 1 EA

Group 1 Subtotal

Group 2 SubTotal

Group 3 SubTotal

03/27/2026 10:00:00 AM

RETURN TO:

City of Wichita Purchasing Manager City Hall, 12th Floor 455 N Main Wichita KS 67202 mailto:jbrogden@wichita.gov

VENDOR NAME TELEPHONE NUMBER (including area code)

VENDOR ADDRESS EMAIL ADDRESS

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

TITLE DELIVERY OR COMPLETION

SIGNATURE PRINT NAME

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

CONTRACT SHALL THEREBY BE CREATED.

THIS FORMAL BID FORM MUST BE SIGNED!

City of Wichita 17 RFB #260023

IV. GENERAL SPECIFICATIONS:

GENERAL SPECIFICATIONS

BID FORMS

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

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

LICENSE

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

BILLING TERMS

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

CONTRACT

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

EMERGING & DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION ENCOURAGEMENT

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

ARBITRATION PROVISIONS

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

ANTITRUST LITIGATION CLAUSE

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

CONSTRUCTION - PAVING PROJECTS

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

RESTORATION

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

FEDERAL EXCISE TAX

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

ESTIMATED QUANTITIES

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

CITY OF WICHITA CREDIT CARD

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

DELIVERY

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

AWARD

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

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

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

THE AWARD WILL BE BASED ON THE LOWEST AND BEST TOTAL NET BID PER GROUP with OPTION(S) AS SELECTED.

EXHIBIT A

CITY OF WICHITA MANDATORY CONTRACTUAL PROVISIONS ATTACHMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11. Confidentiality. Contractor may have access to private or confidential data maintained by City to the extent necessary to carry out its responsibilities under this Agreement. Contractor must comply with all the requirements of the Kansas Open Records Act (K.S.A. 42-215 et seq.) in providing services and/or goods under this Agreement. Contractor shall accept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act. No private or confidential data collected, maintained or used in the course of performance of this Agreement shall be disseminated by either party except as authorized by statute, either during the period of the Agreement or thereafter. Contractor must agree to return any or all data furnished by the City promptly at

City of Wichita 2 RFB #260023 the request of City in whatever form it is maintained by Contractor. Upon the termination or expiration of this Agreement, Contractor shall not use any of such data or any material derived from the data for any purpose and, where so instructed by City, shall destroy or render such data or material unreadable. The parties accept that City must comply with the Kansas Open Records Act and will produce upon written request all documents pertaining to this Agreement other than those covered by express exceptions to disclosure listed in the Act.

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

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

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