PROJECT MANUAL

ON-CALL WASTEWATER,

STORMWATER, AND FLOOD

MANAGEMENT FACILITY

MAINTENANCE

PROJECT I.D. RFP R43262

ENVIRONMENTAL SERVICES DIVISION, PUBLIC WORKS DEPARTMENT

TABLE OF CONTENTS

Title No. of Pages

Public Notice 2

Information and Instructions to Offerors 1

Category 1 - Inspection, PM, & CM:

Request for Proposal 25

Proposal Questionnaire 13

Scope of Work 39

Bid Proposal 30

Category 2 - Facility Repairs:

Request for Proposal 25

Proposal Questionnaire 18

Scope of Work 8

Price Proposal 19

Category 3 - SCADA System Maintenance and Integration:

Request for Proposal 25

Proposal Questionnaire 12

Scope of Work 4

Price Proposal 8

Agreement 4

Conditions of the Contract:

General Conditions 26

Exhibit A – Unified Government Cost Principles 16

Supplemental General Conditions 1

Exhibit B – Invoicing and Supporting Documentation 3

Title No. of Pages

Forms:

Labor and Material Payment Bond 2

Performance Bond 3

Maintenance Bond 2

Appointment of Process Agent 1

Foreign Corporation Resident Agent Designation 1

Affidavit of Intended Utilization 1

Relations Between Contractor and Labor 1

Copeland Anti-Kickback Act 1

Core4 Tax Clearance Process & Contact List 1

Property Tax Clearance Certification and Forms 4

UNIFIED GOVERNMENT OF WYANDOTTE COUNTY /

KANSAS CITY, KANSAS

PROCUREMENT AND CONTRACT COMPLIANCE

PUBLIC NOTICE

RFP or BID Number: R-43262

Sealed proposals will be received by the Unified Government Clerk, Municipal Office Building, 701 North 7th Street, Suite 323, Kansas City, Kansas, 66101-3064, until 2:00 p.m. on October 28th, 2026 for furnishing the following:

On-Call Wastewater, Stormwater, and Flood Management Facility Maintenance

1.0 Minimum specifications and requirements can be obtained free from the Office of Procurement and

Contract Compliance, Room 649, or by calling (913) 573-5440, also available at the Unified Government’s e-procurement site, which can be accessed at; https://purchasing.wycokck.org/eProcurement. All requests for specifications should be made as soon as possible.

Additionally, printed copies of the RFP may be obtained or electronic copies downloaded from Drexel Technologies at http://www.drexeltech.com/. See the Drexel Technologies’ website for pricing. All purchases are non-refundable.

2.0 Reasonable accommodations will be made to qualified individuals with a disability on an as needed basis, provided adequate notice is given by prospective vendors.

3.0 Three separate MANDATORY pre-Proposal Conferences will be held for this project on September 24th, 2026 on the second floor of the Kaw Point WWTP Administration Building located at 50 Market Street.

Refer to Article IV Section 4.03 in each of the three category sections of the Request for Proposal for times and details.

Sharon Reed, Purchasing Manager 701 N. 7th St., Kansas City, KS 66101 https://purchasing.wycokck.org/eProcurement http://www.drexeltech.com/

INFORMATION AND INSTRUCTIONS TO OFFERORS

RFP Format

This RFP is divided into three categories:

1. Inspection, Preventative Maintenance and Corrective Maintenance

2. Facility Repairs

3. SCADA System Maintenance and Integration

Each category is formatted as a separate RFP. To assist in locating documents in each category, a category identifier and running page total is provided in the lower left and right corner of each page, respectively. Offerors may propose on one, two or three categories.

Each Offeror responding to this request should be prepared and equipped to provide full service to the Unified Government in an expeditious and timely manner and on relatively short notice so as to enable the Unified Government to meet critical time deadlines and schedules

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CATEGORY 1

REQUEST FOR PROPOSAL

INSPECTION, PREVENTIVE

MAINTENANCE, AND

CORRECTIVE MAINTENANCE

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Department of Procurement and Contract Compliance

REQUEST FOR PROPOSAL

Inspection, Preventive Maintenance, &

Corrective Maintenance

RFP R43262

For

“On-Call Wastewater, Stormwater, and Flood Management Facility Maintenance”

Unified Government WYCO/KCK RFP R43262

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Article I. General Information Section 1.01 Method of Source Selection Section 1.02 Purpose Section 1.03 Project Procedures Section 1.04 Existing Environment Section 1.05 Required Review Section 1.06 Protests and Appeals Section 1.07 Inquiries - Clarifications Section 1.08 Amendments Section 1.09 Alternate Proposals Section 1.10 Implied Requirements Section 1.11 Project Timetable and Contract Term Section 1.12 Location of Work Section 1.13 Proposals and Presentation Costs

Section 1.14 Disclosure of Proposal Contents Section 1.15 Cooperative Procurement Section 1.16 Independent Contractor Relation Section 1.17 Determination of Responsibility and Responsiveness Section 1.18 Evaluation Section 1.19 Equal Treatment Section 1.20 Award Section 1.21 Notification of Award Section 1.22 Right to Reject Proposals Section 1.23 Mistakes in Proposals Discovered Prior to Award Section 1.24 Mistakes in Proposals Discovered After Award Section 1.25 Notice to Proceed Section 1.26 Ownership of Reports, Drawings, Specifications, etc

Article II. Standard Contract Information Section 2.01 Contract Type Section 2.02 Contract Approval Section 2.03 Proposal as a Part of the Contract Section 2.04 Additional Terms and Conditions Section 2.05 Insurance Requirements Section 2.06 Bonds Section 2.07 Contract Pricing Section 2.08 Payment Procedures Section 2.09 Proposed Payment Option Section 2.10 Contract Personnel Section 2.11 Liquidated Damages Section 2.12 Contract Changes

Article III. Required Contractual Terms and Conditions

Article IV. Standard Proposal Information Section 4.01 Proposal Content Section 4.02 Authorized Signature Section 4.03 Mandatory Pre-Proposal Conference Section 4.04 Proposal Submittal Section 4.05 Supplemental Terms and Conditions Section 4.06 Discussions with Offerors Section 4.07 Prior Experience Section 4.08 Evaluation of Proposals

Section 4.09 Contract Negotiations Section 4.10 Failure to Negotiate

Article V. Proposal Questionnaire

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Section 5.01 Proposal Questionnaire Format and Content Section 5.02 Submittal

Article VI. Bid Proposal Section 6.01 Bid Proposal Format and Content Section 6.02 Submittal

Article VII. Evaluation and Selection Section 7.01 General Section 7.02 Responsiveness Section 7.03 Evaluation Criteria and Selection Methodology

Section 7.04 Selection

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Article I. General Information

Section 1.01 Method of Source Selection

Section 29-154 of the Unified Government of Wyandotte County / Kansas City, Kansas (Unified Government) Procurement Code allows for the use of Competitive Sealed Proposals when it is determined in writing that Competitive Sealed Bidding is either not practicable or not advantageous to the Unified Government.

Utilization of Competitive Sealed Proposals for this project has been approved by the Public Works Director. Award will be made to the responsible Offeror whose Proposal is determined to be the most advantageous to the Unified Government taking into consideration price and the evaluation factors described in Article VII of this Request for Proposal (RFP).

Section 1.02 Purpose

The Unified Government Department of Public Works is accepting competitive proposals from qualified individuals, firms, partnerships and corporations for the purpose of providing inspections, preventive maintenance, and corrective maintenance identified in the Contract Documents titled, “On-Call Wastewater, Stormwater, and Flood Management Facility Maintenance.”

The Unified Government is seeking to enter into a term and supply contract with one or more contractor(s) to provide inspection services, preventive maintenance, and corrective maintenance for equipment in Environmental Services wastewater, stormwater, and flood management Facilities.

The scope of work for this contract will be to provide inspections, preventive maintenance, and corrective maintenance for equipment in the facilities and fully restore the work site to equal or better condition. The work will be in response to equipment failures requiring an immediate response to minimize property loss or environmental damage; this work is generally expected to be of short duration. The contractor shall furnish all labor, tools, equipment, supplies, materials, and appurtenances necessary to perform routine and emergency work authorized under this contract.

Offerors providing such services must meet the requirements of this RFP.

This contract may be awarded to more than one contractor to ensure resources are available when they are needed, thereby providing prompt service to the community. Projects to be assigned to the Contractor will be identified by the Unified Government. No minimum contract amount is guaranteed; however, the annual maximum dollar value is estimated to be $2,000,000 total for all contracts resulting from award of this RFP.

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Section 1.03 Project Procedures

Projects will generally be initiated as follows. For unplanned or emergency work, these steps will be streamlined to expedite the work.

• Planned Projects. The Unified Government will identify projects that meet the stated purpose of this contract and develop a scope of work. One of the Unified Government’s contract consulting Engineers/Architects may be utilized to assist with the scope of work.

• Unplanned Projects. The Unified Government, at its sole discretion, will select a contractor from those selected from this RFP and approach them with the project.

Contractors are required to respond with a company representative to the repair site within four (4) hours upon notification by Unified Government staff. Contractor will be given time to assess the scope of work and the appropriate equipment and personnel to complete the work. Contractor is then required to begin mobilization on a timeline as directed by the Unified Government after completing the initial site visit. Mobilization times will vary depending on the specific urgency of the project, but typically 24 to 48 hours after the initial site visit.

• Contractor Proposal. The Unified Government, at its sole discretion, will select a contractor from those selected from this RFP and approach them with the project. The contractor will review the details of the project and submit an itemized cost estimate for review by the Unified Government and the Unified Government’s contract consulting Engineer/Architect, if applicable. The Unified Government, Engineer/Architect, and Contractor shall discuss the proposal and make any necessary modifications until the proposal is acceptable to all parties.

• Authorization of Work. The Unified Government will issue a written project Authorization to the Contractor (signed by both parties), which confirms acceptance of the Contractor’s proposal and establishes the scope of work and special contract terms and conditions by adopting the plans and specifications into the Agreement (i.e., term and supply contract).

The project Authorization will be issued with an official notice to proceed date.

• Purchase Order. The Unified Government will issue a Purchase Order to the Contractor.

The Purchase Order amount is considered a maximum not-to-exceed cost that cannot be exceeded without a change order that has been approved by the Unified Government. If, during a project, it becomes apparent that the maximum not-to-exceed cost needs to be increased due to a change in scope; Contractor will immediately inform the Unified Government and submit a detailed cost estimate for the change in scope and expected increase.

• The Unified Government is not obligated to use this term and supply contract for any work. The contract will be used at the sole discretion of the Unified Government.

• If more than one contractor is awarded this term and supply contract, the Unified Government has sole discretion in selecting which contractor is awarded each project.

For some projects, the Unified Government may interview contractors prior to selecting one to submit a cost proposal.

• Although it is not the intent of this term and supply contract that bids be solicited for a project, this does not preclude the Unified Government from obtaining a cost estimate from more than one term and supply contractor.

• Contractors are not guaranteed the award of any project under this term and supply contract. There is no minimum number of projects or dollar amount of projects to be awarded.

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Section 1.04 Existing Environment

The Unified Government of Wyandotte County/Kansas City, Kansas is a consolidated city/county government serving all of the citizens of the City of Kansas City, Kansas, and Wyandotte County. The City of Kansas City, Kansas is located entirely in Wyandotte County and, along with ten other Kansas and Missouri counties, makes up the Metropolitan Kansas City Region with a population of approximately 1.6 million. The Cities of Kansas City, Kansas and Kansas City, Missouri are separated by the Kansas-Missouri border and are independent of one another in all aspects.

Section 1.05 Required Review

Offerors should carefully review this solicitation for defects and questionable or objectionable matter. Comments concerning defects and objectionable material must be made in writing and received by the Procurement Officer at least ten days before the Proposal opening. This will allow issuance of any necessary amendments. It will also help prevent the opening of a defective solicitation and exposure of Offeror's Proposals upon which award cannot be made.

Protests based on any omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the Procurement Officer, in writing, at least ten days before the time set for opening.

Section 1.06 Protests and Appeals

Any protest or appeal of the award of the Agreement must be in writing and received by the Purchasing Director within seven days of the County Administrator’s decision. The written communication must list the specific areas of protest and suggested remedy. The decision of the Purchasing Director on any protest or appeal shall be final.

Section 1.07 Inquiries - Clarifications

Any information obtained from an officer, agent or employee of the Unified Government or any other person shall not modify or change the Contract Documents and shall not affect the risk or obligation assumed by the Offeror or relieve him from fulfilling any of the conditions of the Contract Documents. Should an Offeror be in doubt as to the meaning of any provisions of the Contract Documents, he may submit to the Unified Government a written request for an interpretation. Any written request for interpretation shall be submitted to the Unified Government no later than seven days from the date set for receipt of proposals. Any interpretation of the Contract Documents shall be made by amendment.

Any questions regarding the Contract Documents shall be directed in writing to the attention of the Procurement Officer via email, to the Office of Procurement and Contract Compliance ATTN: Teresa Houchins (thouchins@wycokck.org), Room 649, 701 North 7th Street, Kansas City, Kansas 66101. All questions must be received no later than the date established in the project timetable. Telephone conversations must be confirmed in writing by the interested party.

Two types of questions generally arise. One may be answered by directing the questioner to a specific section of the Contract Documents. These questions may be answered over the telephone. Other questions may be more complex and may require a written amendment to the Contract Documents. The Procurement Officer will determine the appropriate method to be used.

mailto:thouchins@wycokck.org

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Section 1.08 Amendments

The Unified Government may issue amendments to the Contract Documents prior to the time for receipt of Proposals. The Offeror shall acknowledge receipt of all amendments by executing and submitting them with the Proposal on the Bid Proposal form. Amendments will only be issued to potential Offerors known to have the RFP. All postponements of the opening date of Proposals shall be effectuated by amendment.

Section 1.09 Alternate Proposals

Deviations from the requirements and specifications are permitted but must be noted separately explaining the nature of the deviation. When listing deviations, refer to the specific provision(s) to which the deviation pertains. Unless a deviation is expressly stated, the Proposal shall be evaluated as if it meets ALL specifications, and the Offeror submitting the Proposal shall be required to perform all services as required by the Contract Documents.

Section 1.10 Implied Requirements

By submission of the Proposal, the Offeror certifies all services proposed meet or exceed all requirements as set forth in the Contract Documents, unless the Proposal specifically states otherwise. Any products and services that are not specifically addressed in the Contract Documents, but which are necessary to provide functional capabilities proposed by the Offeror must be included in the Proposal.

Section 1.11 Project Timetable and Contract Term

The project timetable set out herein represents the Unified Government’s best estimate of the schedule that will be followed for this contract. If a component of the schedule, such as the opening date, is delayed, the rest of the schedule may be shifted by the same number of days.

• Issue RFP: September 10, 2026

• Pre-Proposal Conference: September 24, 2026 at 9:30 am CDT

• Last day for Questions: October 16, 2026 at 11:00 am CDT

• Proposals Due: October 28, 2026 at 2:00 pm CDT

• Notice to Proceed: To be determined upon award

The contract resulting from this RFP will be effective for the approximate twelve-month period from the date of the Notice to Proceed. The Unified Government reserves the sole right to renew the contract for four additional twelve-month periods.

Section 1.12 Location of Work

The location(s) the Work is to be performed is at various locations throughout Wyandotte County within the Environmental Services Division facilities as listed in the Contract Documents.

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Offerors shall visit the site of work and existing facilities and shall fully inform themselves of existing conditions and limitations. Non-mandatory site visits will be scheduled for each site location listed in the Inspection, Preventive Maintenance, and Corrective Maintenance Scope of Work section. Contractors submitting for either contract are welcome to participate in site visits to verify locations and equipment types and sizes. The schedule will be released at the mandatory pre-proposal meeting. Responsibility for differing site conditions shall be determined in accordance with Section 16 of the General Conditions. The offeror shall be familiar with all federal, state, and local laws and regulations that may affect cost, progress, or performance of the work. Offeror shall prepare Proposal from complete Contract Documents.

Section 1.13 Proposals and Presentation Costs

The Unified Government will not be liable in any way for any costs incurred by the Offeror in the preparation of their Proposal in response to the RFP nor for the presentation of their Proposal and/or participation in any discussions, interviews, or negotiations.

Section 1.14 Disclosure of Proposal Contents

All Proposals and other material submitted become the property of the Unified Government and may be returned only at the Unified Government’s option. Kansas Open Records Act requires public records to be open to reasonable inspection. All Proposal information, including detailed price and cost information, will be held in confidence during the evaluation process and prior to the time a Notice of Award is issued. Thereafter, Proposals will become public information.

Trade secrets and other proprietary data contained in Proposals may be held confidential if the Offeror requests, in writing, that the Procurement Officer does so, and if the Procurement Officer agrees, in writing, to do so. Material considered confidential by the Offeror must be clearly identified and the Offeror must include a brief statement that sets out the reasons for confidentiality.

Section 1.15 Cooperative Procurement

If the Offeror has indicated agreement to participate in the Cooperative Procurement Program in the Proposal Questionnaire, the Offeror shall provide equipment, supplies, and/or services as described herein under the terms and conditions, requirements and specifications of the contract, including prices, to other entities. The Offeror shall further understand and agree that participation by other entities is discretionary on the part of that entity and the Unified Government bears no financial responsibility for any payments due the Offeror by such entities.

Section 1.16 Independent Contractor Relation

Nothing in this Agreement shall be construed to create a relationship of employer and employee or principal and agent or any other relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the provisions of this Agreement. Nothing in this Agreement shall create any right or remedies in any third party.

The Agreement to be entered into is not intended to be, and will not constitute or otherwise recognize a joint venture, partnership agreement or relationship, or formal business organization or association of any kind between the parties; and, the rights and obligations of the parties shall be only those expressly set forth in the Agreement. The parties will agree that no persons

Inspection PM/CM 10 supplied by the Offeror in performance of the contract are employees of the Unified Government and further agree that no right of the Unified Government's civil service, retirement, or personnel rules accrue to such persons. The Offeror shall have the total responsibility for all salaries, wages, workers' compensation insurance, unemployment compensation, bonuses, retirement, withholdings, other benefits, and all taxes and premiums appurtenant thereto concerning such persons and shall hold the Unified Government harmless with respect thereto.

Section 1.17 Determination of Responsibility and Responsiveness

Per Section 29-198 (Duty Concerning Responsibility), before awarding a contract, the Procurement Officer must be satisfied that the Offeror is responsible. All Offerors shall supply information as requested by the Procurement Officer concerning the responsibility of such Offeror. The determination of responsibility shall be governed by Section 29-198 of the Unified Government’s Procurement Code and Regulations. The contract file shall contain the basis on which the award is made.

Offeror's not complying with all the requirements contained in the Legal Notice of Request for Proposal and the Contract Documents may be judged non-responsive by the Procurement Officer.

Offerors shall supply information as requested by the Procurement Officer concerning the responsibility of such Offeror. The Unified Government may waive informalities in its determination of responsiveness and responsibility.

Section 1.18 Evaluation

The Proposal Evaluation Committee shall evaluate all Proposals submitted and shall classify them as: acceptable, potentially acceptable (that is reasonably susceptible of being made acceptable), or unacceptable. Offerors whose proposals are unacceptable shall be notified promptly. More detailed evaluation information is found in Article VII of this RFP.

Section 1.19 Equal Treatment

Offerors will be accorded fair and equal treatment with respect to any opportunity for discussions and revisions of Proposals. The Procurement Officer will establish procedures and schedules for conducting discussions. If during discussions there is a need for any substantial clarification of or change in the RFP, the RFP shall be amended to incorporate such clarification or change. Auction techniques (revealing one Offeror's price to another) and disclosure of any information derived from competing Proposals are prohibited.

Section 1.20 Award

The contract shall be awarded in whole or in part to the responsible Offeror whose Proposal is determined to be the most advantageous to the Unified Government taking into consideration all the evaluation factors set forth in the RFP. No other factors or criteria shall be used in the evaluation.

The County Administrator retains the sole and complete discretion to select the successful Offeror based upon the evaluation of the Proposal Evaluation Committee’s recommendation.

The decision of the County Administrator will be final unless an appeal is filed as described in Section 1.06 of the RFP.

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The contract, if awarded, will be on the basis of materials and equipment specified or described in the Contract Documents without consideration of possible substitute or "or-equal" items.

Application for review of substitute or "or-equal" materials or equipment will not be considered by Engineer/Architect and Owner until after the Effective Date of the Agreement. The procedure for submission of any application for review of substitute or "or-equal" items by Offeror and consideration by Engineer/Architect and Owner is set forth in Section 8 of the General Conditions.

Section 1.21 Notification of Award

Written notice of award shall be sent to the successful Offeror via email with read receipt for acknowledgement. The successful Offeror shall, within ten days from the date of receipt of the notice of award, perform the following:

• For contracts in excess of $50,000, submit a labor and material payment bond to the State of Kansas in the amount of 100% of the price specified in the Contract Documents.

• For contracts in excess of $50,000, submit a performance bond in the amount of 100% of the Contract Price.

• If the Offeror is not a corporation or a resident of the State of Kansas, submit an executed copy of the Appointment of Process Agent Form which has been filed in the office of the Clerk of the Wyandotte County District Court, with a copy to the Clerk of the Unified Government and the Buyer.

• If the Offeror is a foreign corporation, has applied to and been authorized by the Kansas Secretary of State to do business in Kansas in accordance with K.S.A. 17-7301 et seq., has a resident agent in the State of Kansas, execute and submit the Foreign Corporation Resident Agent Designation form to the Clerk of the Unified Government with a copy to the Buyer.

• Submit the Affidavit of Intended Utilization form provided in this Project Manual.

• Submit a certificate of insurance evidencing insurance as required by Section 27 of the General Conditions.

• Execute the Agreement.

• Ensure that all occupation taxes and fees are paid in full. Offerors are hereby directed to contact the Unified Government of Wyandotte County / Kansas City, Kansas License Division at (913) 573-8780 for information regarding Licensing and Occupational Taxes.

• All bonds required by this Project Manual shall contain all terms and conditions contained in the provided bond forms and shall be executed by a surety company authorized to do business in the State of Kansas and countersigned by an agent licensed by the Unified Government. The attorney in fact who signs bonds must file with each bond a certified and effective dated copy of their power of attorney.

• The Unified Government of Wyandotte County / Kansas City, KS; Johnson County, KS;

City of Kansas City, MO; and Jackson County, MO (collectively the “Local

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Governments”), have agreed to cooperate with each other to ensure that tax funded contracts are performed by Contractors in compliance with the Tax Laws of the Local Governments. Offeror agrees that the Offeror shall be in compliance with the respective Tax Laws of the Local Governments throughout the term of this contract and any contract renewals and that proof of Offeror’s compliance with the Tax Laws of the Local Governments shall be a condition of award. All Offerors entering into a contract and all subsequent renewals with the Unified Government of Wyandotte County in the amount of $50,000.00 or more must obtain a Tax Clearance Certification. The Tax Clearance Certification must be signed by an authorized official from all four (4) of the “Local Governments” and submitted to the Unified Government Procurement and Contract Compliance Department. The Tax Clearance Certification shall be valid for a period of one year from the date of issuance and shall not be dated more than sixty (60) days prior to any notice of intent to contract by the County. For information, instructions, and forms regarding compliance requirements, contact the Contract Compliance Division located on the 3rd Floor of the Municipal Office Building, 701 N. 7th Street, Kansas City, Kansas 66101, Room 318 or call (913) 573-5443.

Section 1.22 Right to Reject Proposals

The Unified Government reserves the right without contest to accept or reject any Proposals or alternate Proposals. Offerors must comply with all the terms of the Contract Documents, the Unified Government Procurement Code, and all applicable local, State, and federal laws, codes, and regulations. The Procurement Officer may reject any Proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the Contract Documents.

Offerors may not restrict the rights of the Unified Government or qualify their Proposal. If an Offeror does so, the Procurement Officer may determine the proposal to be a non-responsive counter-offer and the proposal may be rejected.

The Unified Government reserves the right to waive minor irregularities in a Proposal and to correct obvious mathematical errors on Bid Proposal form. Minor irregularities may be waived by the Procurement Officer if determined that they:

• do not affect responsiveness;

• are merely a matter of form or format;

• do not change the relative standing or otherwise prejudice other offers;

• do not change the meaning or scope of the RFP or Contract Documents;

• are trivial, negligible, or immaterial in nature;

• do not reflect a material change in the Work; or,

• do not constitute a substantial reservation against a requirement or provision.

If no Offerors meet all the mandatory requirements of the RFP, or if sufficient funds are not available, or if other extenuating circumstances prevail, the Unified Government may choose to make no award and to submit a revised RFP to Offerors at a later date or may choose to negotiate with those submitting Proposals.

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Section 1.23 Mistakes in Proposals Discovered Prior to Award

At any time prior to the specified date and time for submission, an Offeror may withdraw or modify a Proposal. Any Proposal modification must be in writing, executed by an authorized person, and submitted to the Unified Government Clerk, 701 North 7th Street, 3rd Floor Suite 323, Kansas City, Kansas 66101 prior to the Proposal submission time and date. The Unified Government will deal with mistakes in Proposals in the same manner as described for correction or withdrawal of bids provided in Chapter 29, Section 29-153 of the Unified Government Procurement Code.

Section 1.24 Mistakes in Proposals Discovered After Award

The Unified Government will deal with mistakes in Proposals as for bids according to Section 29-153 of the Unified Government Procurement Code.

Section 1.25 Notice to Proceed

The Unified Government, within thirty (30) days of Offerors' compliance with all the conditions contained in Section 1.20, shall sign and return to the Offeror a photocopy of the executed Agreement. Should the Unified Government not execute the Agreement within thirty (30) days period, the Offeror may by written notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of notice by the Unified Government.

The Notice to Proceed will be issued within thirty (30) days of the execution of the Agreement by the Unified Government. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Unified Government and the Offeror. If the Notice to Proceed has not been issued within the thirty (30) day period or within the period mutually agreed upon, the Offeror may, by Written Notice, terminate the Agreement without further liability on the part of either party.

Section 1.26 Ownership of Reports, Drawings, Specifications, etc.

All reports, drawings, designs, specifications, notebooks, tracings, photographs, negatives, findings, recommendations, data and memoranda of every description relating to the services described herein and in completion thereof, shall be the property of the Unified Government.

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Article II. Standard Contract Information

Section 2.01 Contract Type

This contract is a Unit Price contract. The Bid Proposal consists of a unit price tabulation for one or more geographical sites and single grand total per equipment type. Comparison of Bid Proposals will be based on the grand total.

Subcontractors are not permitted under this contract. All work must be completed by the prime contractor.

This contract will be awarded to one (1) Offeror for each equipment type. An Offeror may be selected for one or more equipment types.

Section 2.02 Contract Approval

This RFP does not, by itself, obligate the Unified Government. The Unified Government's obligation will commence when the contract is approved by the Unified Government County Administrator, the Administrator’s designate, or the Procurement Officer. Upon written notice to the Offeror, the Unified Government may set a different starting date for the contract. The Unified Government will not be responsible for any work done by the Offeror, even work done in good faith, if it occurs prior to the contract start date set by the Unified Government.

Section 2.03 Proposal as a Part of the Contract

This RFP and the successful Proposal will be incorporated into the contract.

Section 2.04 Additional Terms and Conditions

The Unified Government reserves the right to add terms and conditions during contract negotiations. These terms and conditions will be within the scope of the RFP and will not affect the Proposal evaluations.

Section 2.05 Insurance Requirements

The successful Offeror must secure the insurance coverage required by the Unified Government as detailed in Section 27 of the General Conditions for each project Authorization.

The coverage must be satisfactory to the Division of Risk Management. An Offeror's failure to provide evidence of such insurance coverage is a material breach and grounds for withdrawal of the award or termination of the contract.

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Section 2.06 Bonds

The successful Offeror shall obtain the required bonds for each project Authorization.

Labor and Material Payment Bond If the contract is in excess of $50,000, the successful Offeror shall submit a labor and material payment bond to the State of Kansas in the amount of 100% of the price specified in the Contract Documents for the protection of all persons supplying labor, materials, equipment and supplies to the contractor or its subcontractor. Said bond shall comply with the requirements of K.S.A. 60-1111, as amended, and shall be filed with the Clerk of the District Court of Wyandotte County, Kansas.

Performance Bond Where the contract is in excess of $50,000, the successful Offeror shall furnish the Unified Government with a Performance Bond in the amount of 100% of the Contract Price. The Performance Bond shall be conditioned upon the performance by the Offeror of all undertakings, covenants, terms, conditions, and agreement of the Contract Documents.

Maintenance Bond The successful Offeror shall furnish the supplied Maintenance Bond in an amount equal to 25% of the total Contract Price holding good for a period of three (3) years after the final acceptance of the Work. The maintenance bond shall protect the Unified Government against all damages, losses and expenses which may occur to the Unified Government, by reasons of defective materials used, or by reason of defective workmanship done, for, and the maintenance, repair, or construction of, said work; and shall repair for said period of three (3) years, all work conducted at Unified Government facilities. If any items covered by the maintenance bond are not repaired or replaced by the Offeror within a reasonable time, as determined by the Unified Government or if a hazard occurs as the result of disrepairs, the Unified Government shall have the right to correct, or have corrected such disrepair, at the expense of the Offeror or Bonding Company.

Such bond shall be executed by a surety company authorized to do business in the State of Kansas and requires the appointment of a Kansas Resident Agent. Such bond shall be furnished by the Contractor immediately following the completion of the project and acceptance thereof by the Unified Government.

Section 2.07 Contract Pricing

The prices provided by the successful Offeror(s) in the Bid Proposal shall remain firm during the initial contract period. Prices for contract renewal periods shall be negotiated and mutually agreed upon by the successful Offeror(s) and the Unified Government. Updated pricing due to changes in the cost of labor and/or materials shall include documented justification for price increases and be submitted at least eight weeks prior to the contract period expiration date.

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Any contract entered into will be of the “open end” type. The successful Offeror(s) will deliver such quantities as may be ordered, and the contract shall be binding only for the actual quantities ordered during the contract period. Orders will be issued throughout the contract period as needs are determined.

Section 2.08 Payment Procedures

The Unified Government will make payments in accordance with Section 25 of the General Conditions.

Section 2.09 Proposed Payment Option

A Virtual Payment Option is available. Contact Debbie Tipton, Accounts Payable, 913-573- 5256, for additional information.

Section 2.10 Contract Personnel

Any change of the project team members named in the Proposal must be approved, in advance and in writing, by the Contracting Officer. Personnel changes that are not approved by the Unified Government may be grounds for the Unified Government to terminate the contract.

Section 2.11 Liquidated Damages

The Unified Government will assess liquidated damages in accordance with the Agreement and Section 24 of the General Conditions.

Section 2.12 Contract Changes

Changes in the Work will be addressed in accordance with Section 13 of the General Conditions.

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Article III. Required Contractual Terms and Conditions

In addition to the terms and conditions in the Contract Documents, including the General Conditions, the following terms and conditions must be agreed to by the successful Offeror and are hereby made a part of the contract entered into between the Unified Government and the successful Offeror, unless specifically modified in writing:

• Kansas Legal Requirements.

a. If the Successful Offeror is a Contractor (as defined in K.S.A. 79-1008) who is a nonresident of Kansas, Contractor shall comply with one of the following:

i. Authorization: If Contractor is a foreign corporation duly authorized to do business in this state (K.S.A. 17-7301 et. seq.), a copy of the Authorization issued by the Kansas Secretary of State valid for the year in which the construction is commenced, shall be filed with Unified Government prior to commencement of construction.

ii. Registration of Contract: If the total Contract Price or compensation exceeds $10,000, nonresident Contractors not duly authorized to do business in this state in accordance with K.S.A. 17-7301 et. seq. shall register with the Director of Revenue of the state of Kansas in accordance with the provisions of K.S.A. 79-1009. Proof of such registration and proof of filing of the bond required by K.S.A. 79-1010 shall be filed with Unified Government prior to commencement of construction.

b. In addition, all Offerors whose domicile is located outside the state of Kansas shall furnish the Unified Government with a copy of their state's preferential bidding statutes and the applicable percentage received by in-state bidders from the state in which the contract is located.

c. To the extent permitted by federal law and regulations, whenever the state of Kansas or any agency, department, bureau or division thereof or any municipality of the state, including, but not limited to, county, school district, improvement district, or other public body lets Bids for Contracts for the erection, construction, alteration, or repair of any public building or structure or any addition thereto or for any public work or improvement, the Bidder domiciled outside the state of Kansas, to be successful, shall submit a Bid the same percent less than the lowest Bid submitted by a responsible Kansas Bidder as would be required of such Kansas domiciled Bidder to succeed over the Bidding contractor domiciled outside Kansas on a like contract let in such Bidder's domiciliary state and in accordance with K.S.A. 75-3740a.

d. Contractors who are not residents of the state in which the Work is to be performed are required to appoint an agent for service of process who is a resident of that state. It is unlawful for any payment to be made until the appointment of a local agent has been filed with the Clerk of the District Court (K.S.A. 16-113).

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• Federally Funded Project Requirements.

a. The requirements of 2 CFR Part 200 apply to all projects partially or fully funded by federal dollars including grants, loans, or appropriations.

i. Suspension and debarment at 2 CFR 200.214

ii. Prohibition on certain telecommunications and video surveillance services or equipment at 2 CFR 200.216

iii. Financial management, internal controls, and Federal payment requirements at 2 CFR 200.302, 200.303, and 200.305

iv. Program Income requirements at 2 CFR 200.307

v. Revision of budget and program plans at 2 CFR 200.308

vi. Disposition of property acquired with CPF funds at 2 CFR §200.311

vii. Procurement requirements at 2 CFR §200.317-327

viii. Record retention and access requirements at 2 CFR 200.334-200.338

ix. Reporting requirements at 2 CFR 200.328-200.330, including on the status of property acquired with CPF funds at 2 CFR §200.330

x. Subrecipient monitoring and management at 2 CFR 200.331-200.333

xi. Remedies for Noncompliance at 2 CFR 200.339-200.343

xii. Closeout of federal grants at 2 CFR §200.344-346

xiii. Cost Principles at 2 CFR Part 200, subpart E

xiv. Audit requirements at 2 CFR Part 200, subpart F

b. The requirements of Executive Order 14398 (March 26, 2026) apply to all projects partially or fully funded by federal dollars including grants, loans, or appropriations.

In connection with the performance of work under the contract, the Contractor agrees as follows:

i. No Racially Discriminatory DEI Activities. The contractor will not engage in any racially discriminatory DEI activities, ads defined in Section 2 of the Executive Order;

ii. Access to Books and Records. The contractor will furnish all information and reports, including providing access to books, records and accounts, as required by the contracting agency for purposes of ascertaining compliance with this clause;

iii. Actions Pursued for Noncompliance. In the event of noncompliance by the contractor or a subcontractor, the contract may be canceled, terminated, or suspended in whole or in part, and the contractor or subcontractor may be declared ineligible for further government contracts;

iv. Reporting of Subcontractor Conduct. The contractor will report any subcontractor’s known or reasonably knowable conduct that may violate the clause to the contracting agency and take any appropriate remedial actions directed by the agency.

v. Notification of Litigation. The contractor will inform the contracting agency if a subcontractor sues the contractor and the suit puts at issue, in any way, the validity of this clause; and

vi. False Claims Act (FCA) Materiality. The contractor recognizes that compliance with the clause is material to the government’s payment decisions for purposes of section 3729(b)(4) of the FCA.

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Article IV. Standard Proposal Information

Section 4.01 Proposal Content

Proposals shall consist of two (2) separate submittals: a Bid Proposal and a Proposal Questionnaire as detailed in Sections V and VI of this RFP. A Proposal Questionnaire must be submitted for each equipment type being submitted. An electronic copy of all submitted documents must be included on a flash drive in .pdf format. All required documents may be submitted on one flash drive and enclosed in one of the envelopes.

Section 4.02 Authorized Signature

PROPOSALS WILL NOT BE CONSIDERED UNLESS AN OFFICER AUTHORIZED TO BIND

THE OFFERING COMPANY TO THE PROVISIONS OF THE CONTRACT DOCUMENTS

SIGNS THE SIGNATURE PAGE.

Proposals must remain open and valid for at least ninety (90) days from the opening date.

Section 4.03 Mandatory Pre-Proposal Conference

A MANDATORY Pre-Proposal Conference will be held at 9:30 am, Central Daylight Time, on September 24, 2026, in the large conference room (Room 207) on the second floor of the Kaw Point WWTP Administration Building located at 50 Market Street. The purpose of the conference is to discuss the work to be performed with the prospective Offerors and allow them to ask questions concerning the RFP and Contract Documents. Questions and answers will be transcribed and sent to prospective Offerors as soon as possible after the meeting.

Offerors with a disability needing accommodation should contact the Procurement Officer prior to the date set for the Pre-Proposal Conference so that reasonable accommodation can be made.

Section 4.04 Proposal Submittal

SEALED PROPOSALS MUST BE RECEIVED AT THE OFFICE OF THE UNIFIED

GOVERNMENT CLERK, 3RD FLOOR, MUNICIPAL OFFICE BUILDING,, 701 NORTH

SEVENTH STREET, KANSAS CITY, KANSAS, NO LATER THAN THE DATE AND TIME

LISTED IN THE LEGAL NOTICE OF REQUEST FOR PROPOSAL. LATE PROPOSALS WILL

NOT BE CONSIDERED.

It is the Offeror's responsibility to ensure Proposals are received by the closing date and time.

Delays in mail delivery or any other means of transmittal, including couriers or agents of the issuing entity, shall not excuse late submissions. Offerors shall be responsible for actual delivery of the Proposal to the appropriate department identified in the Legal Notice of Request for Proposal.

Section 4.05 Supplemental Terms and Conditions

Proposals including supplemental terms and conditions will be accepted, but supplemental conditions that conflict with those contained in this Contract Documents or that diminish the Unified Government's rights under any contract resulting from the Contract Documents will be considered null and void. The Unified Government is not responsible for identifying conflicting

Inspection PM/CM 20 supplemental terms and conditions before issuing a contract award. After award of contract:

(a) If conflict arises between a supplemental term or condition included in the Proposal and a term or condition of the Contract Documents, the term or condition of the Contract Documents will prevail; and

(b) If the Unified Government's rights would be diminished as a result of application of a supplemental term or condition included in the Proposal, the supplemental term or condition will be considered null and void.

Section 4.06 Discussions with Offerors

The Unified Government may conduct discussions with Offerors for the purpose of clarification.

The purpose of these discussions will be to ensure full understanding of the requirements of the RFP and Proposal. Discussions will be limited to specific sections of the RFP identified by the Procurement Officer. Discussions may only be held with Offerors who have submitted a Proposal deemed reasonably susceptible for award by the Procurement Officer. Discussions, if held, will be after initial evaluation of Proposals by the Proposal Evaluation Committee. If modifications are made as a result of these discussions, they will be put in writing. Following discussions, the Procurement Officer may set a time for best and final Proposal submissions from those Offerors with whom discussions were held. Proposals may be reevaluated after receipt of best and final Proposal submissions. Reevaluation will be limited to the specific sections of the RFP opened to discussion by the Procurement Officer.

Offerors with a disability needing accommodation should contact the Procurement Officer prior to the date set for discussions so that reasonable accommodation can be made.

Section 4.07 Prior Experience

In order for their Proposals to be considered responsive, Offerors must meet these minimum prior experience requirements:

The Offerors must have the capability to perform the types of work outlined in the scope and Bid Proposal. To demonstrate this capability, respondents to the RFP should meet the following minimum experience qualifications:

• The Contractor must have at least one (1) year of experience under their current business name related to the type of equipment being submitted.

• The Contractor’s staff must have license and/or certifications as necessary to complete the work.

• The Contractor should be located within an approximate 1-hour drive of Wyandotte County, Kansas, or approximately 50 miles.

• The Contractor shall be available to provide service within normal operating hours (Monday through Friday, 7 am to 4 pm).

• The Contractor shall have sufficient resources (workforce, supervision, equipment, and financial) necessary to perform the Work of the Specifications and/or requests.

To confirm payment for equipment, Contractor may be required to submit specific makes, models, and classifications of equipment used for the work.

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An Offeror's failure to meet and provide adequate documentation of these minimum prior experience requirements will cause their Proposal to be considered non-responsive and their…