Bid Notice-Construction of a Retaining Wall at Cessna East Park.pdf

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

Notice is hereby given that sealed proposals for constructing Retaining Wall Improvement at Cessna East Park will be received (electronically) in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North

Main, Wichita, Kansas, prior to 10:00 O'CLOCK A.M., FRIDAY July 31, 2026, at which time the bids will be opened publicly and read aloud and tabulated by the Board of Bids and Contracts for consideration by the City

Council. Bids received after said time will be returned unopened. Proposals are to be submitted through the

City’s Procurement Portal (wichita.gov/procurementportal).

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

FILE ATTACHMENT R6028

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

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

OF THE CITY OF WICHITA STANDARD SPECIFICATIONS FOR FURTHER INFORMATION.

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

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

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

DOCUMENT.

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

NOTED

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

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

If a Bonfire (“Procurement Portal”) registration for system access has not been completed, please visit wichita.gov/purchasing for assistance. On the Purchasing website, a video tutorial (Bonfire Registration Video) walkthrough and registration resources are available to help in the completion of the registration process. If further assistance is needed, please contact the Purchasing Office directly at purchasing@wichita.gov or by phone at 316- 268-4636.

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

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

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

Provide conditions for living well.

City of Wichita 1 RFB #260183

SPECIAL PROVISION TO CITY OF WICHITA, KANSAS

STANDARD SPECIFICATIONS

Retaining Wall Improvement at Cessna East Park

(6115 E Mt. Vernon Wichita, KS 67218) 482-11069/44114426/R6028

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

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

THIS IS NOT A STATE/FEDERAL AID CONTRACT.

PROJECT SPECIFIC

1. Pre-Bid Conference. A pre-bid conference shall take place at 1:30 p.m. on Monday, July 20th, in an online

Microsoft Teams meeting.

Link: https://teams.microsoft.com/meet/257077926036013?p=BMtiPHcCRMnnPmNDt5

Meeting ID: 257 077 926 036 013 Passcode: aj3zx9sk

2. Bidding: The award will be based on the lowest and best total net bid.

3. Start Date/Work Orders: This project shall have one work order issued, which shall be issued 20 (twenty) days after award of contract, or earlier at the contractor’s request, to the successful bidder. See “Working Days/Completion Date” section for information regarding completion dates.”

4. Working Days/Completion Date. Contractor will have 45 working days. Working days will be charged as provided for in the Standard Specifications, once the work order is issued. Liquidated damages in the amount described in the Standard Specifications shall be apply to all dates listed. The non-availability of material shall not prevent working days from being assessed.

Landscaping shall be installed within period defined within Part 900 of the City of Wichita Standard Specifications, unless otherwise noted within the plans or specifications. Landscaping shall be installed during the 45 working days.

Six days a week, Monday through Saturday excluding official city holidays, shall be considered a working day. The Contractor is not required to work six days a week. Work, which will require inspection by the Engineer, shall not be permitted on Sundays.

The completion date for this project is subject to reasonable Supply Chain Adjustments as described below.

Supply Chain Adjustments – If material delivery will affect the contract time for the project, the contractor must submit documentation from the responsible supplier or manufacturer detailing any delay and providing the

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

City of Wichita 2 RFB #260183 anticipated delivery date for the order at issue. Standard form letters will not be accepted. The contractor must then submit a written request for a delayed start or contract extension which demonstrates how the delayed delivery impacts the Controlling Item of Work and contract time. The City commits to approving all reasonable supply chain adjustments and contractor commits to taking all reasonable steps to reduce the impact of those adjustments on the project.

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

Bids submitted may not be withdrawn for a period of 60 days following the opening of this Request for Bid. Prices MUST also be free of duties, federal, state, and local taxes unless otherwise imposed by a governmental body, and applicable to the material on the proposal.

6. Deadline for Questions. For comments that affect bid items and/or quantities: Noon Tuesday prior to bid opening.

For questions and comments requiring clarification only: Noon Wednesday prior to bid opening. This is necessary so appropriate changes and responses can be completed before bidding.

The tentative schedule will apply to this RFB and may change according to 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 by calling (316) 268-4636, or by contacting the buyer listed on the solicitation document directly. Questions of a substantive nature will be reviewed and answered in written form as an addendum and posted to the City’s Procurement Portal at wichita.gov/procurementportal.

7. Clarification of Bid Items. Removal, clearing, and disposal of existing site materials, including the small existing plastic edger and concrete disc golf tee-pad is subsidiary to bid item “Site Demolition and Clearing”.

See Sheets 3 & 4 of the plans for information on Bid Item: “Transportation of Salvaged Material”. This work includes transportation and handling of material to City of Wichita specified drop off site. Drop off site shall be with in the City of Wichita limits.

See 9. Public Access to the Park and Temporary Fencing of this document for information on Bid Item: “Temporary Fencing”.

See 17. Contractors Responsibilities on Park sites of this document and Sheet 2 for information on Bid Item: “Tree Protection”.

See 19. Site Restoration and Seeding of this document for information on Bid Items: “Site Restoration”, “Integrated Seeding, Installed and Established”, and “BMP, 100% Net-free Erosion Control Mat”.

8. Construction Access and Staging. Contractors shall primarily access the site via the parking lot accessed via E.

Mount Vernon St.

Contractor shall limit disturbance to public activities and patrons, provide added safety, and limit damage to the site.

The contractor will be required to keep any construction gates and any storage locked and well-secured when construction is not in progress.

All staging areas not shown in the plans must be approved by City staff before staging activities commence.

Contractor is responsible for storage of materials.

Parking equipment, material, and vehicles within tree canopies on non-paved surfaced is not allowed and will not be tolerated. Contractor shall avoid contact with trees and their root zones as much as possible.

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

City of Wichita 3 RFB #260183

9. Public Access to the Park and Temporary Fencing. Contractor shall keep the construction site secure at all times and manage public use. Contractor shall install and maintain orange construction fencing around the staging area and active construction zone, which includes the wall. This work is considered subsidiary to Bid Item “Temporary Fencing”.

10. Permitting. All permitting and any associated fees not listed below are the responsibility of the contractor.

11. Approved Materials List. A list of materials approved for use on City of Wichita construction projects can be found on the City website at https://www.wichita.gov/630/Standard-Specifications. All approved materials shall conform to the appropriate requirements set forth in the Standard Specifications, and shall have been previously approved by the Material Review Board (MRB). Information on obtaining approval for new materials through the MRB is available on the website.

12. Submittals: Below are the minimum required submittals of the awarded contractor prior to construction:

a. Dry Stack Limestone

1. Limestone shall be supplied by one of the three suppliers identified on Sheet 8, or an approved equal.

Approved equals will not be considered after bidding.

b. Non-Woven Geosynthetic Filter Fabric

c. Erosion Control Mat

d. Seed Mix

e. Topsoil Test Results

1. See, “18. Landscape Material”

Additional submittals may be requested as needed by City staff.

13. Existing Conditions Documentation. Contractor shall document existing property conditions prior to construction.

Documentation shall be video-recorded tape supplemented with 35 mm or digital photographs. Neither videotape nor photographs shall be made from a moving vehicle. One (1) copy of the documentation package shall be provided to the Engineer prior to beginning construction on the project.

14. Survey Work. No individual bid item for survey work is provided within the bid table. Survey work is the responsibility of the contractor and shall be considered subsidiary to other pay items of work.

15. Park Utility locates within the park. Contractor is responsible for contacting Kansas One Call to locate any and all utilities in the area to be constructed. Park utilities shall be located, and field verified by Public Works at 316-268- 4555. Also contact Park Irrigation at 316-350-3171 for irrigation locations. Provide 72 hr. notice prior to construction activities.

16. Site Visit. The bidder is encouraged to visit the site to familiarize themself with existing conditions prior to bidding on the project.

17. Contractors Responsibilities on Park sites. Contractor is responsible for securing the construction area until it is accepted and turned over to the City. This includes preventing vandalism to concrete before it is set. If vandalism occurs, it will be the responsibility of the Contractor to replace damaged or new concrete work. Contractor is responsible for contacting Kansas One Call to locate any and all utilities in the area to be constructed. Contractor shall also contact the Public Works & Utilities Department at 316-268-4555 to locate all utilities within the park prior to demolition and construction.

Contractor is responsible for preventing damage to existing site amenities including existing grades and field conditions. Contractor shall contact all utilities and City for flagging of underground utilities in the construction zone 48-hours prior to start of any work. Any damage, including unacceptable turf damage or paver and fencing damage, is to be repaired by contractor. Special attention shall be taken to protect existing trees on site. Contractor is responsible for contacting the City Representative before excavating around trees. Any damage to trees

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

City of Wichita 4 RFB #260183 shall be assessed at $100 fine per square inch of damage to any tree trunks. If tree is disfigured and life expectancy is compromised or terminated, contractor is responsible for replacing the tree at equal or greater size or assessed value.

If there are any locations where tree trimming will be required for use of equipment or to complete work, it will be necessary to contact the Project Manager one (1) week in advance so that the Park Department can evaluate any trimming necessary. Contractor is not to trim, damage, excavating, or remove any trees on site unless specifically called for in the plans or approved by City Staff. Contractor is responsible for preventing damage to existing sidewalks and turf areas. Any damage like cracked sidewalks and ruts in turf areas, is to be repaired by the contractor.

All trees within the limits of construction shall have orange construction fencing located at the edge of the tree’s drip line. Impact to the soil and landscape within the orange fencing shall be minimal unless otherwise noted in the plans. See bid item “Tree Protection”.

Contractor is responsible for the disposal of all excavated materials and construction debris including but not limited to rocks, lumber, tree roots and vegetation. Site clean-up for any areas outside of the fenced construction zone will be completed at the end of each workday so no excavation material or construction debris remains on site.

Use of existing trash receptacles for construction waste is prohibited.

Contractor will be responsible for restoring work site with appropriate fill, topsoil and seed in areas damaged in the construction process. All material brought to the site for construction purposes shall be removed prior to the start of restoration.

18. Landscape Material. Topsoil shall have no less than 3% organics, soluble salts shall not exceed 500ppm, and the pH shall fall in the range of 5.5 and 7.4.

19. Site Restoration and Seeding. Restore site and seed as required. See Sheet 13 of the plans for additional information.

All construction debris at all sites must be promptly removed from the site and left in a clean condition, This work shall be provided under the Bid Item “Site Restoration”. Verify all site access with City Staff prior to construction activities and keep site disturbance to a minimum.

The stockpiled topsoil shall be placed and seeded as required to provide an even and gentle grade back to existing grades on all four sides of the slab and sidewalk areas. The topsoil shall be appropriately compacted and left 1” below the top of the slab and sidewalks to allow water to drain from the slab and walks.

Reseeding of all disturbed areas is required and shall be via split or slice seeding methods. Broadcast seeding will not be approved. Permanent seeding shall be done using 8 lbs/1000 sq. ft annual rye (PLS) mixed with 10 lbs/1000 sq.ft K-31 Fescue (PLS). This permanent seeding shall be completed within the Bid Item “Integrated Seeding, Installed and Established”.

Provide Curlex 100% NetFree biodegradable erosion control fabric to protect and maintain seedbed. No erosion control matting with plastic netting will be permitted. Only Curlex Net-Free 100% biodegradable Erosion Control Fabric or approved equal shall be used. This shall be provided under Bid Item “BMP, 100% Net-free Erosion Control Mat”.

If seeding permanent seeding is not able to be installed due to poor weather or temperature limits (per supplier specifications), temporary seed and Curlex100% NetFree biodegradable erosion control blankets shall be installed until permanent seeding can be installed. Temporary seeding shall be done using 4lbs/1000 sq. ft annual rye (PLS) mixed with 4lbs/1000 sq.ft Bermuda grass (PLS), the variety is to be approved by the Park Department if permanent seeding cannot be done. The erosion control mat shall be removed prior to permanent seeding is installed and

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

City of Wichita 5 RFB #260183 reinstalled after permanent seeding is complete. Temporary seeding may not be required if permanent seeding may proceed but shall be subsidiary to Bid Item “Integrated Seeding, Installed and Established”.

Maintenance of the seeded grass shall follow 902.9 Maintenance/Acceptance and 902.10 Payment of Part 900 of the

City of Wichita Standard Specifications.

20. Concrete for sidewalks. Concrete shall be 4” thick x 6’ wide (unless noted or shown otherwise in plans), broom finished, and be fiber mesh reinforced. Typical work shall replace existing pavement material in location. Welded wire fabric to be used with chairs spaced no more than 30” apart, on center. Paths to be constructed to City of Wichita specifications, using concrete (City approved six sack mix), Department of Public Works & Utilities Approved Materials list (Part 400-Pavement) dated 3/17/17.

Expansion joints shall be caulked and sealed with a gray colored base Masterseal NP2 sealant or approved equal.

Expansion joints shall be used a minimum of every 50' and when connecting to existing pavement. Joints shall be placed at consistent lengths ever 5' or 6', where possible. Joint scoring should be logical, evenly spaced, and connect to existing joints where possible.

Forms shall primarily be 2”x4” yellow pine or similar material to assure 4” thickness and uniformity. Forms may be of 1” x 4” yellow pine or similar material on curved portions to allow for smooth curves throughout. Uniform and consistent edges are expected. Change in form material may be allowed but shall require City staff approval prior to use. Warped boards shall not be used. City staff must approve of concrete forms prior to pouring of concrete. Any forms exposed to the weather (rain, snow) before concrete is poured must be approved by Park Department representative before concrete is poured.

Concrete shall meet flush with existing pavement to remain. All concrete shall meet ADA specifications and drain adequately. Slope of pavement should be 1-2% and shed water in the natural direction of the existing grade with the goal of preventing collection or pooling of water on the pavement surface unless noted otherwise.

21. Incidental Items: There may be items to be constructed, removed, or relocated as directed by the project specifications that are not listed in the project quantities. The cost of providing such items complete and in place shall be considered subsidiary to other items of work and not bid or paid for separately. See plans for materials and labor required for these projects.

22. State or Federal Aid. No state or federal aid is being used on this project.

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

City of Wichita 6 RFB #260183

BID TERMS

Bid Submission Sealed Request for Bid (RFB) will be received in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas 67202, prior to 10:00 O'CLOCK A.M., Friday, July 31, 2026. Bids may be submitted on our website at (wichita.gov/procurementportal) using a secure login/password.

Electronic submissions are requested. Bids are to be submitted through the City’s Procurement Portal (wichita.gov/procurementportal). Respondents are responsible for checking the City’s Procurement Portal and acknowledging any addenda electronically as a part of the Procurement Portal submission’s electronic acknowledgment for all stipulated response forms and addendum acknowledgments.

If you haven't already completed a Bonfire registration for system access, please visit wichita.gov/purchasing for assistance. On the Purchasing website's page, you can find a video tutorial (Bonfire Registration Video) walkthrough and registration resources to help in the completion of the registration process. If you need further assistance, please contact the Purchasing Office directly at purchasing@wichita.gov or by phone at 316-268-4636.

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

Evaluation Criteria

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

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

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

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

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

2. Understanding of industry standards and best practices.

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

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

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

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

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

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

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

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

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

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

City of Wichita 7 RFB #260183

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

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

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

Bid Requirements

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

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

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

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

a. Lowest and Best Total Net Bid from a Responsible and Responsive Vendor.

Debriefing

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

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

Challenges and Protests

Challenges

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

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

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

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

Protests

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

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

City of Wichita 8 RFB #260183

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

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

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

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

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

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

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

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

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

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

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

If a written protest is made against any proposed award or the award of a contract that relies in part on federal funding, then the Contract Compliance Officer must notify the Granting Authority in writing with all information regarding the

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

City of Wichita 9 RFB #260183 protest. A protestor must exhaust all administrative remedies with the City of Wichita before pursuing a protest with the Granting Authority. Protestors are put on notice that according to federal regulations, certain determinations made at the local level are not subject to appeal to the Granting Authority. If a review is granted by the Granting Authority, it will be limited to:

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

2. violations of Federal law or regulations.

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

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

City of Wichita 10 RFB #260183

LIABILITY INSURANCE SPECIFICATIONS

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

1. Commercial General Liability

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

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

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

Or

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

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

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

Or

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

3. Workers' Compensation to meet Statutory requirements.

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

Required: YES___ NO _X__

5. Professional Liability (Claims made basis) $1,000,000 Each Claim $1,000,000 Annual Aggregate Required: YES___ NO _X__

6. Pollution Liability $1,000,000 Each Claim $1,000,000 Annual Aggregate Required: YES___ NO _X__

7. Umbrella Liability $1,000,000 Each Claim $1,000,000 Annual Aggregate

The City of Wichita shall be added as primary and non-contributory additional insured to the general commercial and automobile liability coverages. The policy shall also provide coverage for contractor’s/vendor’s contractual obligations created in the Agreement. Coverage shall be the greater of the requirements stated here or the contractor’s existing policy and contractor shall provide a Certificate of Insurance evidencing such coverages prior to beginning of services under this Agreement.

The Certificate of Insurance must be submitted within ten (10) days after notification of award to the City of Wichita Purchasing Manager, City Hall, 12th Floor, 455 North Main, Wichita, Kansas, 67202-1694.

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

City of Wichita 11 RFB #260183

GENERAL SPECIFICATIONS

BID FORMS

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

LICENSE

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

BILLING TERMS

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

CONTRACT

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

SMALL & EMERGING BUSINESS ENTERPRISE (S/EBE) PARTICIPATION ENCOURAGEMENT

The City of Wichita encourages all bidders to include small and emerging 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.

MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES

The contractor and owner waive claims against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes, but is not limited to:

1) Damages incurred by the owner for rental expenses, for loss of use, income, profit, financing, business and reputation and for loss of management or employee productivity or for the services of such persons; and

2) Damages incurred by the contractor for principal office expenses, including, but not limited to, the compensation of personnel stationed in such principal office, for losses of financing, business and reputation and for the loss of profit, except anticipated profit arising directly from the construction.

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."

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

City of Wichita 12 RFB #260183

FEDERAL EXCISE TAX

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

ESTIMATED QUANTITIES

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

CITY OF WICHITA CREDIT CARD

Presently, many City Agencies use a City of Wichita Procurement Card (Visa) in lieu of a City warrant to pay for some of its purchases.

No additional charges will be allowed for using the card.

DELIVERY

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

AWARD

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

If there are tie bids, the Board of Bids and Contracts will recommend the successful bidder, and final determination will be made by the City Council. THE AWARD WILL BE BASED ON THE LOWEST AND BEST TOTAL NET BID FROM A

RESPONSIBLE AND RESPONSIVE VENDOR.

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

City of Wichita 13 RFB #260183

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…