Bid Notice-Solid Tire Skid Steer Loader.pdf

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 #260245

(______________) Published on the City’s Website wichita.gov/legalnotices, Wednesday, September 23, 2026

REQUEST FOR BID NO. – 260245

Sealed Bids will be submitted (electronically preferred method) 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, OCTOBER 9, 2026. “Request for Bid” form MUST be used to submit your bid unless you are submitting your bid on our website (wichita.gov/procurementportal) using your secured login/password to submit a bid for:

PUBLIC WORKS & UTILITIES DEPARTMENT/FLEET DIVISION

Solid Tire Skid Steer Loader

AS PER SPECIFICATIONS

F.O.B.: Wichita, KS

Bids will be opened after ten o’clock a.m., in the Board Room, 1st Floor, City Hall, 455 North Main, Wichita, Kansas.

Specifications and bid forms are on file in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 N. Main, Wichita, Kansas 67202, (316) 268-4636. This information may also be obtained on our website above.

Dated at Wichita, Kansas this 23rd day of September, 2026.

Josh L. Lauber, MBA, CPSM Purchasing Manager

City of Wichita 2 RFB #260245

CITY OF WICHITA

FINANCE DEPARTMENT/PURCHASING DIVISION

455 N. MAIN ST WICHITA, KS 67202

PHONE: (316) 268-4636

PURCHASING@WICHITA.GOV

https://selfserviceict.wichita.gov/vss

REQUEST FOR BID #260245

Solid Tire Skid Steer Loader – Public Works & Utilities Department City of Wichita – Fleet Division

September 23, 2026

PROJECT DEFINITION

The City of Wichita is seeking bids from firm(s) for Solid Tire Skid Steer Loader for the Fleet Division.

Solid Tire Skid Steer Loader. See Section II. Scope of Services; Meets/Not Meets Response Matrix for cab and chassis specifications.

THE AWARD WILL BE BASED ON THE LOWEST AND BEST TOTAL NET BID WITH OPTIONS AS

SELECTED.

Any questions may be submitted in writing to Jason Brogden (jbrogden@wichita.gov) no later than 3:00 pm, October 2, 2026. Questions must be submitted via email, and they will be answered through an addendum made available to all interested parties.

Tentative Schedule of Events

Solicitation Advertised September 23, 2026

Questions Due Via Email October 2, 2026, 3:00 p.m.

Questions Answered Via Addendum Week of October 5, 2026

Bids Due October 9, 2026, 10:00 a.m.

City Council (tentative) October 20, 2026

City of Wichita 3 RFB #260245

Table of Contents

I. OVERVIEW AND SUMMARY

II. SCOPE OF SERVICES

III. BID TERMS

A. Questions and Contact Information:

B. Bid Submission:

C. Evaluation Criteria:

D. Tentative Schedule:

E. Minimum Respondent Qualifications:

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

F. Bid Requirements:

G. City of Wichita Responsibilities:

H. Challenges and Protests

IV. GENERAL SPECIFICATIONS:

City of Wichita 4 RFB #260245

I. OVERVIEW AND SUMMARY

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

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

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

The City of Wichita is soliciting request for bids from vendors and/or firms for Current Solid Tire Skid Steer Loader for the Fleet Division. The city reserves the right to award all, some, or none of the goods/services set forth in this Request for Bid (RFB) to any one proposer based on the city’s review and assessment of the bids meeting the criteria/specifications set forth herein.

II. SCOPE OF SERVICES

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

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

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

The Following Machines are Indicative of the Type Sought in this Bid Invitation:

Bobcat S86-2 Wheeled Skid Steer Loader

Other machines by other manufacturers that meet the criterion of this specification are also eligible, but at the City’s discretion, other units must be demonstrated and approved by prior to award.

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

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, c or re ct s uc h de fic ie nc ie s w ith ou t d el ay

City of Wichita 11 RFB #260245

III. BID TERMS

A. Questions and Contact Information:

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

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

Accept Invites from Agencies (to receive invitations for new solicitation opportunities) Accept Messages (to receive notifications for any published addendum)

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

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

B. Bid Submission:

Bids will be received (electronically as stated) in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, Kansas, prior to 10:00 O'CLOCK A.M., FRIDAY, OCTOBER 9, 2026. Bids may be submitted on our website at (https://selfserviceict.wichita.gov/vss) using your secure login/password:

Bids are to be submitted through the City’s Procurement Portal (wichita.gov/procurementportal) using a secure login/password.

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

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

C. Evaluation Criteria:

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

The City, through its Board of Bids and Contracts reserves the right to accept or reject any or all bids and any part of parts of any bid and to waive formalities therein to determine which is lowest and best bid.

City of Wichita 12 RFB #260245

Any bid which is incomplete, conditional, obscure, or which contains additions not called for or irregularities of any kind, may be cause for rejection of the bid. All bids are awarded subject to a check of the computations shown on the "Request For Formal Bid" form. In the event of a discrepancy in the extension(s) or total for the item(s), the unit cost shall prevail.

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

D. Tentative Schedule:

The tentative schedule will apply to this Request for Bid (RFB) and may change according to with the City’s needs or unforeseen circumstances. All dates and times will be in Central Standard Time (CST;

CDT) and can be confirmed through the Purchasing Office located at 455 N. Main 12th Floor Wichita, KS 67202, calling (316) 268-4636, or by contacting the buyer listed on the solicitation document.

Questions of a substantive nature will be reviewed and answered in written form as an addendum and posted to the City’s Procurement portal at wichita.gov/procurementportal.

Vendors are encouraged to complete bidder registration by visiting the City of Wichita’s eProcurement Portal at wichita.gov/procurementportal, then follow the link to the Bonfire vendor registration page to register your company. Please check our website, wichita.gov/purchasing for upcoming registration opportunities, training dates & locations, and information as it is updated in the near future.

Event Date Solicitation Advertised September 23, 2026 Last Day for Written Question October 2, 2026 @ 3:00 p.m.

Addendum Posting Week of October 5, 2026 Bid Due October 9, 2026 @ 10:00 a.m.

City Council Approval October 20, 2026

E. Minimum Respondent Qualifications:

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

1. Understanding of industry standards and best practices.

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

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

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

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

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

RFB.

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

City of Wichita 13 RFB #260245

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

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

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

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

F. Bid Requirements:

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

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

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

4. Lowest and Best Total Net Bid with Option as Selected, when requested, will be calculated by aggregate total. No other pricing or miscellaneous charges will be submitted.

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

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

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

G. City of Wichita Responsibilities:

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

2. Provide Contractor with appropriate facility access(es) for completion of awarded goods and/or services.

3. Provide Contractor with Contact Information for key City staff who will manage the contract.

H. Challenges and Protests

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

The written challenge of the solicitation specifications must be filed with the Purchasing Manager located on the 12th Floor, Finance Department at City Hall, 455 N Main, Wichita, KS 67202, telephone number

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

In the event of a timely challenge of the solicitation specifications to the Purchasing Manager, the affected pending solicitation shall not proceed further until the challenge is resolved by Purchasing Manager decision. The Purchasing Manager will issue a written decision, which will be posted on the City’s Vendor

City of Wichita 14 RFB #260245

Services website, https://selfserviceict.wichita.gov/vss/ for viewing by all interested parties. The decision rendered by the Purchasing Manager will be final.

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

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

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

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

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

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

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

The protestor may seek reconsideration of the decision of the Contract Compliance Officer’s decision in writing to the Internal Auditor on the 13th Floor, City Manager Office, City Hall, 455 N Main, Wichita, KS prior to 5:00 p.m. on the third business day following the day of issuing an email or written notification of decision. Failure of a protestor to file a written reconsideration request related to the Contract Compliance decision prior to 5:00 p.m. on the third business day deadline will invalidate that protest

City of Wichita 15 RFB #260245 and cause it not to be considered. The Internal Auditor decision will be issued by email or written notification, within ten (10) business days after receiving the written reconsideration, unless this time for a response is extended in writing and agreeable by both parties.

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

If there is a timely written reconsideration request, the protestor may seek reconsideration of the decision of the Internal Auditor by means of a hearing before the City Council. This hearing must be in aid of the City Council’s legislative authority to approve contracts for goods, services, and public improvements on behalf of the City, and does not imply any due process right of the protestor in an unawarded, unexecuted contract. The hearing must be scheduled as soon as practicable according to the City Council’s calendar. The hearing must be granted only upon such facts and issues as are presented in writing to the City Clerk for submission to City Council at or before noon on the Thursday preceding the scheduled hearing. No documents or other evidence must be accepted at the hearing.

The protesting party must have available no more than 20 minutes for presentation of argument, followed by no more than 20 minutes of argument presented by City staff. The City Council may deliberate in executive session to seek the assistance of the City Attorney, but must deliver its decision from the bench during the City Council meeting. (R 09/15)

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

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

2. violations of Federal law or regulations.

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

SOLICITATION

260245

PW_Fleet Division

Solid Tire Skid Steer Loader

Responses are due before:

CONTACT INFORMATION

Contact: Jason Brogden

Email: jbrogden@wichita.gov

Phone: (316) 268-4429 Fax: (316) 268-4656

Address: 455 N Main, 12th Floor, Wichita, KS 67202

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

NOTE: THIS IS NOT A BID FORM - FOR INFORMATION PURPOSES ONLY

Line

Bid Item Description Qty UOM

0 - 1 Base Bid: New Unused Solid Tire Skid Steer Loader 1 EA

0 - 2 Option 1: Hydraulically driven 74-Inch minimum snow blower with 270-Degree hydraulically rotating chute, extendable deflector, cutting edge, and skid shoes 1 EA

0 - 3 Option 2: Hydraulically driven spreader attachment with a 5-Cubic Foot minimum hopper capacity and three main flow gates 1 EA

0 - 4 Option 3: Non-pneumatic Air Boss tires with rims 1 EA

0 - 5 Option 4: Poly carbonite windshield 1 EA

0 - 6 Option 5: Kill switch in the engine compartment 1 EA

0 - 7 Option 6: 60-Inch hydraulically operate snow blade 1 EA

0 - 8 Option 7: 80-Inch root grapple bucket 1 EA

VENDOR NAME TELEPHONE NUMBER (including area code)

VENDOR ADDRESS EMAIL ADDRESS

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

TITLE DELIVERY OR COMPLETION

SIGNATURE PRINT NAME

10/09/2026 10:00:00 AM

RETURN TO:

Submit Electronically (preferred method to https://wichita.gov/procurem entportal

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 16 RFB #260245

IV. GENERAL SPECIFICATIONS:

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.

SUBCONTRACTING/JOINT VENTURES

Respondents are encouraged to consider subcontracting portions of the contract to emerging and disadvantaged businesses and women-owned businesses. A joint venture between two or more vendors is wholly acceptable if it serves the best interests of the City of Wichita. If this is done, the names of the proposed subcontracting vendors must be clearly identified in the qualification. Following an award of the contract, no additional subcontracting will be permitted without the express prior written consent of the City of Wichita. The firm receiving the contract award will be responsible for any work of such subcontractors and sign the contract with the City of Wichita.

EMERGING & DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION ENCOURAGEMENT

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

ARBITRATION PROVISIONS

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

ANTITRUST LITIGATION CLAUSE

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

CONSTRUCTION - PAVING PROJECTS

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

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."

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.

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 17 RFB #260245

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 WITH OPTION AS SELECTED.

City of Wichita 18 RFB #260245

EXHIBIT A

CITY OF WICHITA MANDATORY CONTRACTUAL PROVISIONS ATTACHMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11. Confidentiality. Contractor may have access to private or confidential data maintained by City to the extent necessary to carry out its responsibilities under this Agreement. Contractor must comply with all the requirements of the Kansas Open Records Act (K.S.A. 42-215 et seq.) in providing services and/or goods under this Agreement. Contractor shall accept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act. No private or confidential data collected, City of Wichita 19 RFB #260245 maintained or used in the course of performance of this Agreement shall be disseminated by either party except as authorized by statute, either during the period of the Agreement or thereafter. Contractor must agree to return any or all data furnished by the City promptly at the request of City in whatever form it is maintained by Contractor. Upon the termination or expiration of this Agreement, Contractor shall not use any of such data or any material derived from the data for any purpose and, where so instructed by City, shall destroy or render such data or material unreadable. The parties accept that City must comply with the Kansas Open Records Act and will produce upon written request all documents pertaining to this Agreement other than those covered by express exceptions to disclosure listed in the Act.

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

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