6-Addendum 1 260080.pdf

April 23, 2026

CITY OF WICHITA, KANSAS

REQUEST FOR BID NUMBER 260080

ADDENDUM # 1

WICHITA POLICE DEPARTMENT

DESCRIPTION: Installation of Structured Voice and Data Cabling for the Multi-Modal Facility

DUE DATE: FRIDAY, May 8, 2026, AT 10:00 A.M.

The following additions, deletions, and/or changes have been added to the specifications and made a part of this BID 260080.

1. Attachement B – FTA Clauses and Forms

Each vendor is required to acknowledge receipt of this Addendum by electronic acknowledgement via City’s Procurement Portal (wichita.gov/procurementportal) and to file same with and attached to this bid.

Josh L. Lauber Purchasing Manager

ADDENDUM COVER PAGE

The submitter electronically acknowledges via City’s Procurement Portal (wichita.gov/procurementportal) by completing submission, receipt of this Addendum and the vendor response submitted herewith is in accordance with the information, instruction, and stipulations set forth herein.

https://wichita.gov/procurementportal https://wichita.gov/procurementportal

ATTACHMENT B

REQUIRED FEDERAL CLAUSES

ACCESS TO RECORDS AND REPORTS

1. Record Reten�on. The Contractor will retain, and will require its subcontractors of all �ers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, sta�s�cs, leases, subcontracts, arrangements, other third-party Contracts of any type, and suppor�ng materials related to those records.

2. Reten�on Period. The Contractor agrees to comply with the record reten�on requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years a�er the date of termina�on or expira�on of this Contract, except in the event of li�ga�on or setlement of claims arising from the performance of this Contract, in which case records shall be maintained un�l the disposi�on of all such li�ga�on, appeals, claims or excep�ons related thereto.

3. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and informa�on, including such records and informa�on the contractor or its subcontractors may regard as confiden�al or proprietary, related to performance of this contract in accordance with 2 CFR § 200.337.

4. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

AMERICANS WITH DISABILITIES ACT (ADA)

The contractor agrees to comply with all applicable requirements of sec�on 504 of the Rehabilita�on Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimina�on on the basis of handicaps, with the Americans with Disabili�es Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facili�es and services be made available to persons with disabili�es, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommoda�ons be accessible to persons with disabili�es, including any subsequent amendments to that Act. In addi�on, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimina�on statute(s) that may apply to the Project.

BOND REQUIREMENTS

For construc�on or facility improvement contracts or subcontracts exceeding the Simplified Acquisi�on Threshold, the Federal awarding agency or pass-through en�ty may accept the bonding policy and requirements of the non-Federal en�ty provided that the Federal awarding agency or pass-through en�ty has made a determina�on that the Federal interest is adequately protected. If such a determina�on has not been made, the minimum requirements must be as follows:

(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, cer�fied check, or other nego�able instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents within the �me specified.

(b) A performance bond on the part of the contractor for 100 percent of the contract price. A

“performance bond” is one executed in connec�on with a contract to secure fulfillment of all the contractor's requirements under a contract.

(c) A payment bond on the part of contractor for 100 percent of the contract price. A

“payment bond” is one executed in connec�on with a contract to assure payment as required by the law of all persons supplying labor and material in the execu�on of the work provided for in the contract.

It is also understood and agreed that if the bidder should withdraw any part or all of their bid within [90] days a�er the bid opening without the writen consent of the Agency, or refuse or be unable to enter into this Contract as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guaranty to the extent Agency’s damages occasioned by such withdrawal, or refusal, or inability to enter into a Contract, or provide adequate security thereof.

It is further understood and agreed that to the extent the defaul�ng bidder's bid guaranty shall prove inadequate to fully recompense Agency for the damages occasioned by default, then the bidder agrees to indemnify Agency and pay over to Agency the difference between the bid guarantee and Agency’s total damages so as to make Agency whole.

The bidder understands that any material altera�on of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive.

Performance Guarantee. A Performance Guarantee in the amount of 100% of the Contract value is required by the Agency to ensure faithful performance of the Contract. Either a Performance Bond or an Irrevocable Stand-By Leter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Contract. The successful Bidder shall cer�fy that it will provide the requisite Performance Guarantee to the Agency within ten

(10) business days from Contract execu�on. The Agency requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the Agency and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Cer�ficate of Authority as described hereunder. Agency may require addi�onal performance bond protec�on when the contract price is increased. The increase in protec�on shall generally equal 100 percent of the increase in contract price. The Agency may secure addi�onal protec�on by direc�ng the Contractor to increase the amount of the exis�ng bond or to obtain an addi�onal bond.

If the Bidder chooses to provide a Leter of Credit as its Performance Guarantee, the Bidder shall furnish with its bid, cer�fica�on that an Irrevocable Stand-By Leter of Credit will be furnished should the Bidder become the successful Contractor. The Bidder shall also provide a statement from the banking ins�tu�on cer�fying that an Irrevocable Stand-By Leter of Credit for the ac�on will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand- By Leter of Credit will only be accepted by the Agency if:

1. A bank in good standing issues it. The Agency will not accept a Leter of Credit from an en�ty other than a bank.

2. It is in wri�ng and signed by the issuing bank.

3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Leter of Credit.

4. The Agency is iden�fied as the Beneficiary.

5. It is in an amount equal to 100% of the Contract value. This amount must be in U.S. dollars.

6. The effec�ve date of the Leter of Credit is the same as the effec�ve date of the Contract.

7. The expira�on date of the Leter of Credit coincides with the term of the contract.

8. It indicates that it is being issued in order to support the obliga�on of the Contractor to perform under the Contract. It must specifically reference the Contract between the Agency and the Contractor the work s�pulated herein.

The issuing bank’s obliga�on to pay will arise upon the presenta�on of the original Leter of Credit and a cer�ficate and dra� to the issuing bank’s representa�ve at a loca�on and �me to be determined by the par�es. This documenta�on will indicate that the Contractor is in default under the Contract.

Payment Bonds. A Labor and Materials Payment Bond equal to the full value of the contract must be furnished by the contractor to Agency as security for payment by the Contractor and subcontractors for labor, materials, and rental of equipment. The bond may be issued by a fully qualified surety company acceptable to (Agency) and listed as a company currently authorized under 31 C.F.R. part 223 as possessing a Cer�ficate of Authority as described thereunder.

BUY AMERICA REQUIREMENTS

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR §

200.322 Domes�c preferences for procurements, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7.

Build America, Buy America Act. Construc�on materials used in the Project are subject to the domes�c preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, �t. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). In accordance with 2 CFR § 184.2(a), the Recipient shall apply the standards of 49 CFR Part 661 to iron, steel, and manufactured products.

Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R. § 661.11. Domes�c preferences for procurements

The bidder or offeror must submit to the Agency the appropriate Buy America cer�fica�on. Bids or offers that are not accompanied by a completed Buy America cer�fica�on will be rejected as nonresponsive. For more informa�on, please see the FTA’s Buy America webpage at:

htps://www.transit.dot.gov/buyamerica

CARGO PREFERENCE REQUIREMENTS

The contractor agrees:

a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of any equipment, materials or commodi�es procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available. 46 U.S.C. § 55305, and U.S. Mari�me Administra�on regula�ons, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381.

b. to furnish within 20 days following the date of loading for shipments origina�ng within the United States or within 30 working days following the date of loading for shipments origina�ng outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both the recipient (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of Na�onal Cargo, Office of Market Development, Mari�me Administra�on, Washington, DC 20590; and

c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodi�es by ocean vessel.

CHANGES TO FEDERAL REQUIREMENTS

Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, https://www.transit.dot.gov/buyamerica regula�on, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any informa�on incorporated by reference and made part of that Underlying Agreement; and

Applicable changes to those federal requirements will apply to each Third-Party Agreement and par�es thereto at any �er.

CIVIL RIGHTS LAWS AND REGULATIONS

The following Federal Civil Rights laws and regula�ons apply to all contracts.

The Contractor and any subcontractor agree to comply with all the requirements prohibi�ng discrimina�on on the basis of race, color, or na�onal origin of the Title VI of the Civil Rights Ac�on of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regula�on “Nondiscrimina�on in Federally-Assisted Programs of the Department of Transporta�on – Effectua�on of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implemen�ng requirement FTA may issue.

1. Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:

a) Nondiscrimina�on in Federal Public Transporta�on Programs. 49 U.S.C. § 5332, covering projects, programs, and ac�vi�es financed under 49 U.S.C. Chapter 53, prohibits discrimina�on on the basis of race, color, religion, na�onal origin, sex (including sexual orienta�on), disability, or age, and prohibits discrimina�on in employment or business opportunity.

b) Prohibi�on against Employment Discrimina�on. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, Title VI of the Civil Rights Act of 1964, 49 CFR Part 21 and 49 U.S.C. § 5332, prohibits discrimina�on in employment on the basis of race, color, religion, sex, or na�onal origin.

2. Nondiscrimina�on on the Basis of Sex. Title IX of the Educa�on Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implemen�ng Federal regula�ons, “Nondiscrimina�on on the Basis of Sex in Educa�on Programs or Ac�vi�es Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimina�on on the basis of sex.

3. Nondiscrimina�on on the Basis of Age. The “Age Discrimina�on Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implemen�ng regula�ons, “Nondiscrimina�on on the Basis of Age in Programs or Ac�vi�es Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimina�on by par�cipants in federally assisted programs against individuals on the basis of age. The Age Discrimina�on in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implemen�ng regula�ons, “Age Discrimina�on in Employment Act, “29

C.F.R. part 1625, also prohibit employment discrimina�on against individuals age 40 and over on the basis of age.

4. Federal Protec�ons for Individuals with Disabili�es. The Americans with Disabili�es Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimina�on against qualified individuals with disabili�es in programs, ac�vi�es, and services, and imposes specific requirements on public and private en��es. Third party contractors must comply with their responsibili�es under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommoda�ons, telecommunica�ons, and other provisions, many of which are subject to regula�ons issued by other Federal agencies.

Civil Rights and Equal Opportunity The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implemen�ng regula�ons. Apart from inconsistent requirements imposed by Federal laws or regula�ons, the Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifica�ons.

Under this Contract, the Contractor shall at all �mes comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimina�on. In accordance with Federal transit law at 49 U.S.C. § 5332, the

Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, na�onal origin, sex, disability, or age. In addi�on, the Contractor agrees to comply with applicable Federal implemen�ng regula�ons and other implemen�ng requirements FTA may issue.

2. Equal Employment Opportunity. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., Title I of the Americans with Disabili�es Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; and Federal transit laws at 49 U.S.C. §5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements, without regard to their race, color, religion, na�onal origin, or sex (including sexual orienta�on). In addi�on, the Contractor agrees to comply with any implemen�ng requirements FTA may issue.

3. Age. In accordance with the Age Discrimina�on in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regula�ons, “Age Discrimina�on in Employment Act,” 29 C.F.R. part 1625, the Age Discrimina�on Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regula�ons, “Nondiscrimina�on on the Basis of Age in Programs or Ac�vi�es Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimina�on against present and prospec�ve employees for reason of age. In addi�on, the Contractor agrees to comply with any Implemen�ng requirements FTA may issue.

4. Disabili�es. In accordance with sec�on 504 of the Rehabilita�on Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabili�es Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addi�on, the Contractor agrees to comply with any implemen�ng requirements FTA may issue.

5. Federal Law and Public Policy Requirements. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Cons�tu�on, Federal Law, and statutory and public policy requirements: including, but not limited to, those protec�ng free speech, religious liberty, public welfare, the environment, and prohibi�ng discrimina�on; and the Recipient will cooperate with Federal officials in the enforcement of Federal law, including coopera�ng with and not impeding U.S. Immigra�on and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigra�on law.

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

The Contractor agrees to comply with all applicable standards, orders, or regula�ons issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollu�on Control Act as amended (33 U.S.C. § 1251-1387). Viola�ons must be reported to FTA and the Regional Office of the Environmental Protec�on Agency. The following applies for contracts of amounts in excess of $150,000:

Clean Air Act

(1) The contractor agrees to comply with all applicable standards, orders or regula�ons issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

(2) The contractor agrees to report each viola�on to the Agency and understands and agrees that the Agency will, in turn, report each viola�on as required to assure no�fica�on to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protec�on Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

Federal Water Pollu�on Control Act

(1) The contractor agrees to comply with all applicable standards, orders or regula�ons issued pursuant to the Federal Water Pollu�on Control Act, as amended, 33 U.S.C. 1251 et seq.

(2) The contractor agrees to report each viola�on to the Agency and understands and agrees that the Agency will, in turn, report each viola�on as required to assure no�fica�on to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protec�on Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.”

CONFORMANCE WITH ITS NATIONAL ARCHITECTURE

Intelligent Transporta�on Systems (ITS) projects shall conform to the Na�onal ITS Architecture and standards pursuant to 23 CFR § 940. Conformance with the Na�onal ITS Architecture is interpreted to mean the use of the Na�onal ITS Architecture to develop a regional ITS architecture in support of integra�on and the subsequent adherence of all ITS projects to that regional ITS architecture. Development of the regional ITS architecture should be consistent with the transporta�on planning process for Statewide and Metropolitan Transporta�on Planning (49 CFR Part 613 and 621).

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

a. Applicability: This requirement applies to all FTA grant and coopera�ve agreement programs.

b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal en�ty in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regula�ons at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II.

c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half �mes the basic rate of pay for all hours worked in excess of 40 hours in the work week.

d. The requirements of 40 U.S.C. § 3704 are applicable to construc�on work and provide that no laborer or mechanic must be required to work in surroundings or under working condi�ons which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or ar�cles ordinarily available on the open market, or contracts for transporta�on or transmission of intelligence.

e. The regula�on at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:

Compliance with the Contract Work Hours and Safety Standards Act.

(1) Over�me requirements. No contractor or subcontractor contrac�ng for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensa�on at a rate not less than one and one-half �mes the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Viola�on; liability for unpaid wages; liquidated damages. In the event of any viola�on of the clause set forth in paragraph (1) of this sec�on the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addi�on, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in viola�on of the clause set forth in paragraph (1) of this sec�on, in the sum of $10 for each calendar day on which such individual was required or permited to work in excess of the standard workweek of forty hours without payment of the over�me wages required by the clause set forth in paragraph (1) of this sec�on.

(3) Withholding for unpaid wages and liquidated damages. The agency shall upon its own ac�on or upon writen request of an authorized representa�ve of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to sa�sfy any liabili�es of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this sec�on.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this sec�on and also a clause requiring the subcontractors to include these clauses in any lower �er subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower �er subcontractor with the clauses set forth in paragraphs (1) through (4) of this sec�on.”

DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT

For all prime construc�on, altera�on or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “An�-Kickback” Act.

Under 49 U.S.C. § 5333(a), prevailing wage protec�ons apply to laborers and mechanics employed on FTA assisted construc�on, altera�on, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regula�ons at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construc�on.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determina�on made by the Secretary of Labor. In addi�on, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “An�-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regula�ons at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construc�on, comple�on, or repair of public work, to give up any part of the compensa�on to which he or she is otherwise en�tled.

DEBARMENT AND SUSPENSION

The Contractor shall comply and facilitate compliance with U.S. DOT regula�ons, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any �er of $25,000 or more, and to each contract at any �er for a federally required audit (irrespec�ve of the contract amount), and to each contract at any �er that must be approved by an FTA official irrespec�ve of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to par�cipate in this federally funded contract and are not presently declared by any Federal department or agency to be:

a) Debarred from par�cipa�on in any federally assisted Award;

b) Suspended from par�cipa�on in any federally assisted Award;

c) Proposed for debarment from par�cipa�on in any federally assisted Award;

d) Declared ineligible to par�cipate in any federally assisted Award;

e) Voluntarily excluded from par�cipa�on in any federally assisted Award; or

f) Disqualified from par�cipa�on in any federally assisted Award.

By signing and submi�ng its bid or proposal, the bidder or proposer cer�fies as follows:

The cer�fica�on in this clause is a material representa�on of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous cer�fica�on, in addi�on to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower �er covered transac�ons.

DISADVANTAGED BUSINESS ENTERPRISE (DBE)

It is the policy of the Agency and the United States Department of Transporta�on (“DOT”) that Disadvantaged Business Enterprises (“DBEs”), as defined herein and in the Federal regula�ons published at 49 C.F.R. part 26, shall have an equal opportunity to par�cipate in DOT-assisted contracts.

The City of Wichita Transporta�on Department has signed the following assurance applicable to all federal aid contracts. This same assurance will be included in all contracts and binding on all contractors and subcontractors.

The contractor, or subcontractor(s) shall not discriminate on the basis of race, color, religion, na�onal origin, age, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administra�on of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termina�on of this contract or such other remedy as the Agency deems appropriate, which may include, but is not limited to:

(1) Withholding monthly progress payments;

(2) Assessing sanc�ons;

(3) Liquidated damages; and/or

(4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).

Prime contractors are required to pay subcontractors for sa�sfactory performance of their contracts no later than 10 days from receipt of each payment the Agency makes to the prime contractor. 49 C.F.R. § 26.29(a).

Finally, for contracts with defined DBE contract goals, the contractor shall u�lize the specific DBEs listed unless the contractor obtains the Agency’s writen consent; and that, unless the Agency’s consent is provided, the contractor shall not be en�tled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).

This Contract is subject to the requirements of Title 49, Code of Federal Regula�ons, Part 26, Par�cipa�on by Disadvantaged Business Enterprises in Department of Transporta�on (DOT) Financial Assistance Programs, as amended by DOT’s Interim Final Rule dated September 30, 2025.

ENERGY CONSERVATION

The contractor agrees to comply with mandatory standards and policies rela�ng to energy efficiency, which are contained in the state energy conserva�on plan issued in compliance with the Energy Policy and Conserva�on Act (42 U.S.C.§ 6201).

FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS

(1) The contractor certi�ies that it:

(a) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administra�ve remedies have been exhausted or have lapsed, and that is not being paid in a �mely manner pursuant to an agreement with the authority responsible for collec�ng the tax liability; and

(b) Was not convicted of the felony criminal viola�on under any Federal law within the preceding 24 months.

If the contractor cannot so cer�fy, the Recipient will refer the mater to FTA and not enter into any Third Party Agreement with the Third Party Par�cipant without FTA’s writen approval.

(2) Flow-Down. The Recipient agrees to require the contractor to flow this requirement down to par�cipants at all lower �ers, without regard to the value of any sub agreement.

FLY AMERICA

a) Defini�ons. As used in this clause—

1) “Interna�onal air transporta�on” means transporta�on by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.

2) “United States” means the 50 States, the District of Columbia, and outlying areas.

3) “U.S.-flag air carrier” means an air carrier holding a cer�ficate under 49 U.S.C. Chapter 411.

b) When Federal funds are used to fund travel, Sec�on 5 of the Interna�onal Air Transporta�on Fair Compe��ve Prac�ces Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, Agencys, and others use U.S.-flag air carriers for U.S. Government-financed interna�onal air transporta�on of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of sa�sfactory proof of the necessity for foreign-flag air transporta�on, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for interna�onal air transporta�on secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.

c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for interna�onal air transporta�on of personnel (and their personal effects) or property.

d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for interna�onal air transporta�on, the Contractor shall include a statement on vouchers involving such transporta�on essen�ally as follows:

Statement of Unavailability of U.S.-Flag Air Carriers Interna�onal air transporta�on of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:

e) Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve interna�onal air transporta�on.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

The provisions within include, in part, certain Standard Terms and Condi�ons required under the Uniform Administra�ve Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions.

All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference.

Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a viola�on of the FTA terms and condi�ons.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES

The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicita�on or award of the underlying Contract, absent the express writen consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obliga�ons or liabili�es to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any mater resul�ng from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to iden�fy the subcontractor who will be subject to its provisions.

NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION

RELATED TO FRAUD, WASTE, ABUSE, OR OTHER LEGAL MATTERS

If a current or prospec�ve legal mater that may affect the Federal Government emerges, the Recipient must promptly no�fy the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar no�fica�on requirement in its Third-Party Agreements and must require each Third-Party Par�cipant to include an equivalent provision in its subagreements at every �er, for any agreement that is a “covered transac�on” according to 2 C.F.R. §§ 180.220 and 1200.220.

(1) The types of legal maters that require no�fica�on include, but are not limited to, a major dispute, breach, default, li�ga�on, or naming the Federal Government as a party to li�ga�on or a legal disagreement in any forum for any reason.

(2) Maters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administra�on or enforcement of federal laws, regula�ons, and requirements.

(3) The Recipient must promptly no�fy the U.S. DOT Inspector General in addi�on to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of poten�al fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The no�fica�on provision applies if a person has or may have submited a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have commited a criminal or civil viola�on of law pertaining to such maters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Par�cipant of the Recipient. It also applies to subcontractors at any �er. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil inves�ga�on by a Federal, state, or local law enforcement or other inves�ga�ve agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible informa�on in the possession of the Recipient.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND

RELATED ACTS

The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regula�ons, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its ac�ons pertaining to this Project. Upon execu�on of the underlying contract, the Contractor cer�fies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed.

In addi�on to other penal�es that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fic��ous, or fraudulent claim, statement, submission, or cer�fica�on, the Federal Government reserves the right to impose the penal�es of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fic��ous, or fraudulent claim, statement, submission, or cer�fica�on to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penal�es of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to iden�fy the subcontractor who will be subject to the provisions.

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT.

a) Recipients and subrecipients are prohibited from obliga�ng or expending loan or grant funds to:

1) Procure or obtain;

2) Extend or renew a contract to procure or obtain; or

3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunica�ons equipment or services as a substan�al or essen�al component of any system, or as cri�cal technology as part of any system. As described in Public Law 115-232, sec�on 889, covered telecommunica�ons equipment is telecommunica�ons equipment produced by Huawei Technologies Company or ZTE Corpora�on (or any subsidiary or affiliate of such en��es).

(i) For the purpose of public safety, security of government facili�es, physical security surveillance of cri�cal infrastructure, and other na�onal security purposes, video surveillance and telecommunica�ons equipment produced by Hytera Communica�ons Corpora�on, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such en��es).

(ii) Telecommunica�ons or video surveillance services provided by such en��es or using such equipment.

(iii) Telecommunica�ons or video surveillance equipment or services produced or provided by an en�ty that the Secretary of Defense, in consulta�on with the Director of the Na�onal Intelligence or the Director of the Federal Bureau of Inves�ga�on, reasonably believes to be an en�ty owned or controlled by, or otherwise connected to, the government of a covered foreign country,

b) In implemen�ng the prohibi�on under Public Law 115-232, sec�on 889, subsec�on (f), paragraph (1), heads of execu�ve agencies administering loan, grant, or subsidy programs shall priori�ze available funding and technical support to assist affected businesses, ins�tu�ons and organiza�ons as is reasonably necessary for those affected en��es to transi�on from covered communica�ons equipment or services, to procure replacement equipment or services, and to ensure that communica�ons service to users and customers is sustained.

c) See Public Law 115-232, sec�on 889 for addi�onal informa�on.

d) See also § 200.471.

PROMPT PAYMENT

The contractor is required to pay its subcontractors performing work related to this contract for sa�sfactory performance of that work no later than 10 days a�er the contractor’s receipt of payment for that work. In addi�on, the contractor is required to return any retainage payments to those subcontractors within 10 days a�er the subcontractor's work related to this contract is sa�sfactorily completed.

The contractor must promptly no�fy the Agency, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior writen consent of the Agency.

RESTRICTIONS ON LOBBYING

Condi�ons on use of funds.

(a) No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or coopera�ve agreement to pay any person for influencing or atemp�ng to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec�on with any of the following covered Federal ac�ons: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any coopera�ve agreement, and the extension, con�nua�on, renewal, amendment, or modifica�on of any Federal contract, grant, loan, or coopera�ve agreement.

(b) Each person who requests or receives from an agency a Federal contract, grant, loan, or coopera�ve agreement shall file with that agency a cer�fica�on, that the person has not made, and will not make, any payment prohibited by paragraph (a) of this sec�on.

(c) Each person who requests or receives from an agency a Federal contract, grant, loan, or a coopera�ve agreement shall file with that agency a disclosure form if such person has made or has agreed to make any payment using non-appropriated funds (to include profits from any covered Federal ac�on), which would be prohibited under paragraph (a) of this sec�on if paid for with appropriated funds.

(d) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, whether that person has made or has agreed to make any payment to influence or atempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec�on with that loan insurance or guarantee.

(e) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form if that person has made or has agreed to make any payment to influence or atempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec�on with that loan insurance or guarantee.

Cer�fica�on and disclosure.

(a) Each person shall file a cer�fica�on, and a disclosure form, if required, with each submission that ini�ates agency considera�on of such person for:

(1) Award of a Federal contract, grant, or coopera�ve agreement exceeding $100,000; or

(2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000.

(b) Each person shall file a cer�fica�on, and a disclosure form, if required, upon receipt by such person of:

(1) A Federal contract, grant, or coopera�ve agreement exceeding $100,000; or

(2) A Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000, Unless such person previously filed a cer�fica�on, and a disclosure form, if required, under paragraph (a) of this sec�on.

(c) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the informa�on contained in any disclosure form previously filed by such person under paragraphs

(a) or (b) of this sec�on. An event that materially affects the accuracy of the informa�on reported includes:

(1) A cumula�ve increase of $25,000 or more in the amount paid or expected to be paid for influencing or atemp�ng to influence a covered Federal ac�on; or

(2) A change in the person(s) or individual(s) influencing or atemp�ng to influence a covered

Federal ac�on; or,

(3) A change in the officer(s), employee(s), or Member(s) contacted to influence or atempt to influence a covered Federal ac�on.

(d) Any person who requests or receives from a person referred to in paragraphs (a) or (b) of this sec�on:

(1) A subcontract exceeding $100,000 at any �er under a Federal contract;

(2) A subgrant, contract, or subcontract exceeding $100,000 at any �er under a Federal grant;

(3) A contract or subcontract exceeding $100,000 at any �er under a Federal loan exceeding

$150,000; or,

(4) A contract or subcontract exceeding $100,000 at any �er under a Federal coopera�ve agreement, Shall file a cer�fica�on, and a disclosure form, if required, to the next �er above.

(e) All disclosure forms, but not cer�fica�ons, shall be forwarded from �er to �er un�l received by the person referred to in paragraphs (a) or (b) of this sec�on. That person shall forward all disclosure forms to the agency.

(f) Any cer�fica�on or disclosure form filed under paragraph (e) of this sec�on shall be treated as a material representa�on of fact upon which all receiving �ers shall rely. All liability arising from an erroneous representa�on shall be borne solely by the �er filing that representa�on and shall not be shared by any �er to which the erroneous representa�on is forwarded.

Submi�ng an erroneous cer�fica�on or disclosure cons�tutes a failure to file the required cer�fica�on or disclosure, respec�vely. If a person fails to file a required cer�fica�on or disclosure, the United States may pursue all available remedies, including those authorized by sec�on 1352, �tle 31, U.S. Code.

(g) For awards and commitments in process prior to December 23, 1989, but not made before that date, cer�fica�ons shall be required at award or commitment, covering ac�vi�es occurring between December 23, 1989, and the date of award or commitment. However, for awards and commitments in process prior to the December 23, 1989 effec�ve date of these provisions, but not made before December 23, 1989, disclosure forms shall not be required at �me of award or commitment but shall be filed within 30 days.

(h) No repor�ng is required for an ac�vity paid for with appropriated funds if that ac�vity is allowable under either subpart B or C.

SAFE OPERATION OF MOTOR VEHICLES

Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or Agency.

Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text…