The City of Derby, Kansas (hereinafter referred to as the “City”) invites bids from vendors for a New/unused 2023 or 2024 model 4X4 Backhoe Loader for the city of Derby, Kansas. Please carefully review this document. If you are interested in making a proposal consistent with the conditions, instructions, requirements, and specifications as contained herein, submit one copy of the Bid Form together with a comprehensive proposal in a sealed envelope no later than 2:00 P.M. on Tuesday, December 19. The outside of the envelope should be clearly marked with the Proposer’s name and address and identified as “4x4 Backhoe Loader”. The sealed envelope should be addressed as follows:

Derby City Clerk
Attn: 4x4 Backhoe Loader
611 N. Mulberry Road, Suite 300
Derby, KS 67037
Bid #2023 - 036

All bids must be valid for ninety (90) days.

The City of Derby reserves the right to reject any or all bids.

The 4x4 Backhoe Loader shall meet the minimum specifications attached. Bidder shall verify compliance with the attached specifications by so denoting next to each item.

If submitted by mail, the sealed envelope containing the proposal must be enclosed in another envelope addressed to the City Clerk, 611 N. Mulberry, Suite 300, Derby, Kansas 67037.

It is the sole responsibility of the bidder to see that its response and the appropriate documents are delivered on time. Any response received after the scheduled closing time for receiving proposals will be returned to the proposer unopened and will not be considered. It is the responsibility of the contractor to check Derby’s website for information and updates. The results will be tabulated and posted to the City of Derby website at www.derbyks.com .

Proposed pricing for services may be disclosed at a public meeting to receive and to file responses of this solicitation at the City of Derby Board of Bids and Contracts meeting. Other information provided in your response will be considered proprietary and will not be divulged during the proposal review process unless otherwise required by law. Because the services sought will require the expenditure of public funds, part or all of the successful proposal, as well as a resulting contract, will likely be public records within the meaning of the Kansas Open Records Act. Prior to acceptance of a proposal, the information contained in each proposal will be used for evaluating the proposer’s ability to handle the scope of services and will not be shared with persons not involved in the evaluation of proposals unless otherwise required by law.

Max Behrns
Water Superintendent

GENERAL INFORMATION
This request is for One (1) New/unused 2023 or 2024 model 4X4 Backhoe Loader for the city of Derby, Kansas. It is the intent of these specifications to describe a 4x4 Backhoe Loader that is capable to accommodate the needs of the city.

Questions regarding this document must be submitted in writing to Max Behrns, Water Superintendent, at maxbehrns@derbyweb.com For security reasons, you must enable JavaScript to view this E-mail address. ,

INSTRUCTION TO BIDDERS
Preparation of Bid. Bid shall be made on the Bid Form included in this request for Bids. Bid information shall be entered into the appropriate space on the Bid Form. All costs of bid preparation are the expense of the bidder. No electronic, verbal, facsimile or telephone bid will be accepted.

Examination of Bid Documents. The Bid Documents consist of this Request for Bid, each document listed on the table of contents of the Request for Bid, and any addenda which may be issued. Submission of a bid shall constitute bidder’s acknowledgment upon which the City may rely that bidder has thoroughly examined and is familiar with the Bid Documents. No claim for additional compensation will be allowed beyond that stated in the bidder’s submitted Bid Form. Neglect or failure of the bidder to receive or examine all or part of the Bid Document shall in no way relieve the bidder from any obligations with respect to this bid.

Conformance to Bid Requirements. All requested attachments shall be submitted with the completed bid form and in the designated format. Bids shall conform to the requirements of this Request for Bid. Failure to comply with all requirements of this Request for Bid may result in bid rejection.

Interpretation of Bid Documents and Addenda. Should a bidder discover conflicts or ambiguity in the Bid Documents that require a decision or explanation, bidder may request an interpretation. Such a request shall be made in writing and delivered to the buyer identified on the cover page of this Request for Bid no later than five (5) calendar days before the deadline for receipt of bids. Every interpretation made to bidders will be in the form of an Addendum issued by the City. Addenda, if issued, will be sent as promptly as possible to all parties that have been issued Bid Documents. Bidders shall acknowledge the receipt of Addenda on the Bid Form.

Submission of Bid. Bidders shall submit two originals (clearly marked ‘Original’) of the completed Bid Form, together with any required attachments or explanatory materials, prior to the time and date set for receiving bids as stated on the cover page of this Request for Bid and/or any modifying Addenda thereto. Bids shall be delivered in a sealed envelope clearly marked with the applicable bid number addressed to:

City Clerk
City of Derby
Attn: 4x4 Backhoe Loader
611 Mulberry Suite 300
Derby, Kansas 67037

Modification or Withdrawal of Bids. Bids may be modified or withdrawn prior to the bid submission deadline. Bids modified must be retrieved by bidder, at bidder’s expense, and resubmitted with corrected information prior to the bid submission deadline. There will be no extensions for bid modification beyond the bid submission deadline.

No bids may be modified after the bid submission deadline.

Late Bids. Bidder shall be responsible for the timely delivery of bid. Bids received after the deadline for receipt of bids shall not be accepted and shall be returned to the bidder unopened unless necessary for identification purposes.

Bid to Remain Open. The bidder shall guarantee its bid for a period of ninety (90) calendar days from the date of bid opening.

Contract Award. Contract award will be made to the lowest responsive and responsible bidder(s). The acceptance of a bid will be evidenced by a written Purchase Order/Contract delivered to the successful bidder. The successful bidder agrees to abide by the specifications, requirements, terms and conditions contained in the Contract Documents.

Contract Documents. The successful bidder will be required to enter into a Purchase Order/Contract that is acceptable to the City. Special Provisions within the contract may allow for the addition of attachments, amendments, and special conditions that may be negotiated by the successful bidder and the City. Contract documents will consist of this bid invitation, its attachment(s) and addenda, if any; the successful Bidder’s completed and signed Bid Form; and a Purchase Order/Contract issued by the City. In the absence of any language to the contrary in the executed Purchase Order/Contract, this bid invitation, its attachment(s) and addenda, if any, will be the determining document in questions of compliance with the specifications for this bid.

Reservations. The City reserves the right to:

1. Postpone the date and time announced for receipt of bids by issuance of an Addendum at any time prior to the deadline for receipt of bids;
2. Reject any bid that is conditional in any way or that contains erasures, items not called for, items not in conformity with applicable law, changes, additions, alternate proposals, or any other modifications of the Bid Form which are not in accordance with the Bid Documents;
3. Make any investigations deemed necessary to determine if a bidder is responsive and responsible;
4. In the event that only one bid is received in response to this bid invitation, require the sole bidder to submit cost or pricing data to assist in determining if the price is reasonable;
5. Reject any or all bids, including any bids that are found to be non-responsive or submitted by a bidder that is not responsible;
6. Waive minor defects or irregularities in any bid, provided that the discrepancy does not affect the bid amount or give the bidder an advantage over others;
7. Accept a bid which offers a newer product than specified if, in the opinion of the buyer identified on the cover page of this bid invitation, it offers equal or greater functionality than the specified product, even though it may not comply with bid specifications in every detail;
8. Award a Purchase Order to a single bidder for the entire procurement or to multiple bidders by line item, in groups, or in phases, according to specifications.

MANDATORY REQUIREMENTS

The City of Derby is interested in bids that will provide quality services at competitive rates. The proposals will be evaluated on experience, quality, price, and availability.