Boom Truck

INVITATION FOR BID
The Henderson Water and Sewer Commission of the City of Henderson, Kentucky will receive sealed
competitive bids at its office at 111 5th St, Henderson, Kentucky 42420, until 1:30 p.m. local time on the
4th day of June 2026 at which time the bids will be opened and considered for the purchase of the
following:
2024-2026 Boom Truck
HENDERSON WATER UTILITY
Bid Ref # 2026-01
BIDS MUST BE SUBMITTED ON THE OFFICIAL BID FORMS IN ACCORDANCE WITH THE BID SPECIF/CATIONS.
Specifications and Instructions to Bidders may be obtained from:
HWU website: https;//www.hkywater.org/bids.aspx
Questions should be directed to the Procurement and Revenue Manager, Susan Bryant, at 270-869-
6609.
The Water and Sewer Commission reserves the right to accept or reject any or all bids in whole or in part
and to waive informalities and/or technicalities in the bids. Conflicts of interest, gratuities and kickbacks as
defined and provided for in K.R.S. 45A.455 are absolutely prohibited.
Clarifications and Addenda will be posted on the HWU procurement web site as listed above.
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SOLICITATION INSTRUCTIONS AND CONDITIONS
1. DEFINITIONS:
As used herein:
a. The term "solicitation" includes the Invitation for Bid, Solicitation Instructions and Conditions,
Bid Form and Technical Specifications, and any Clarifications or Addenda issued by the Owner.
b. The term "offer" means "bid" or "proposal.11
c. The term "Vendor'' shall mean the party responsible for furnishing submittals, equipment,
accessories, controls, operation and maintenance manuals and training, startup services and
warranting the equipment as required in this Invitation for Bids. Prior to award of contract, a
potential Vendor may be referred to by the terms "Bidder" or "Offeror."
d. The term "Owner" shall mean the Henderson Water Utility (HWU), 111 5th St, Henderson,
Kentucky, 42420.
e. The term "Purchase Order'' shall mean the document executed by the Vendor and the Owner.
f. The term "Nonresident bidder" is defined by KRS 45A.494(3).
g. The term "Resident bidder" is defined by KRS 45A.494(2).
h. The term "Qualified bidder" means Kentucky Industries for the Blind, Incorporated; any nonprofit
corporation that furthers the purposes of KRS Chapter 163; or a qualified nonprofit agency for
individuals with severe disabilities as described in KRS 45A.465(3).
2. PREPARATION OF OFFERS
a. Offerors shall examine the drawings, specifications, schedule, and all instructions. Failure to do
so shall be at the offeror's risk.
b. Offers shall set forth full, accurate, and complete information as required by the solicitation.
Offers that contain an offeror's own special terms and conditions in conflict with the terms of
the solicitation or state statutes and regulations may be rejected.
c. Each offeror shall furnish the information required by the solicitation on the bid forms included
herein. The offeror shall sign the solicitation in ink and type or print in ink his name, firm,
address, telephone number, and date. Erasures or other changes shall be initialed in ink by the
person signing the offer. Approved electronic format may also be accepted.
d. Any explanation or statement which the offeror wishes to make concerning the bid shall be
written separately and independently of the proposal or bid, attached to the bid form, and
placed in the envelope with the bid. Any such statement or explanation must refer to the bid
submitted and shall also be signed by the offeror.
e. Unit price for each unit offered shall be shown and such price shall include packing and delivery
to HWU unless otherwise specified within the Bid Form and shall include startup and training
services where specified in the Technical Specifications. Fuel Surcharges and any other
miscellaneous charges should be included in the unit price. A total shall be entered in the amount
column of the schedule for each item offered. In case of discrepancy between a unit price and
extended price, the unit price shall govern.
f. Cash discounts shall not be considered in making the award of the contract.
g. Trade discounts shall be deducted by the vendor in calculating the unit price quoted, unless
otherwise stated.
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h. Offers for supplies or services other than those specified shall not be considered unless
authorized by the solicitation.
i. If applicable, the proposal shall include guaranteed time schedules for submission of shop
drawings after award of the Purchase Order, and for shipment of equipment after receipt of
approved shop drawings. The award of the Purchase Order will be based on the quoted price
and an acceptable shop drawing and equipment delivery schedule.
j. Time, if stated as a number of days, shall include Saturdays, Sundays, and Holidays. One day is
24 hours; One week is 7 days; One month is 28 days.
3. OFFEROR CLARIFICATION - REQUEST AND RESPONSE
Any explanation desired by an offerer regarding the meaning or interpretation of the solicitation
drawings, specifications, etc., shall be requested in writing to the Procurement and Revenue
Manager, not less than three (3) calendar days prior to the bid opening date. Oral explanations or
instructions given before the award of the contract shall not be binding. Any information given to a
prospective vendor concerning a solicitation shall be furnished to all prospective vendors as an
amendment or clarification of the solicitation, if such information is necessary to vendors in submitting
offers on the solicitation, or if the lack of such information would be prejudicial to uninformed vendors.
4. ACKNOWLEDGEMENT OF ADDENDA TO SOLICITATIONS
Receipt of an addendum to a solicitation shall be acknowledged by the offerer. Such acknowledgement
shall be received prior to the hour and date specified for receipt of offers. Verbal acknowledgement
shall not be accepted. Failure to acknowledge addenda may cause the bid to be considered non-
responsive.
5. PROTEST PROCEDURES
a. Protests prior to bid opening
Any protests prior to bid opening must be submitted in writing and received by HWU at least
three (3) calendar days prior to bid opening. This three (3) calendar day deadline may be
waived by the HWU Procurement and Revenue Manger for good cause shown. The HWU
Procurement and Revenue Manger will issue a response to the protest no later than three (3)
calendar days after receipt of the protest. The response shall be in writing and set forth the
reasons for the response.
Upon receipt of a protest, the HWU Procurement and Revenue Manger will immediately
determine if the bid opening should be postponed. If the bid opening is postponed, HWU will
notify all prospective bidders who have been furnished a copy of the specifications that a request
for review has been received and that the bid opening is postponed. Upon issuance of its
response to the protest, HWU will issue an appropriate addendum rescheduling the bid
opening.
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b. Protests after bid opening
Protests after bid opening will be considered only as to issues which were not apparent before
bid opening. After bid opening no protests of specifications will be considered.
Any protest after bid opening, including a protest of contract award, must be submitted in
writing and received by HWU within five (5) calendar days of the action being protested. No
other form of protest will be considered. After the time for protest of contract award has
expired, these protest procedures will be considered inapplicable, and any disputes will be
resolved by HWU under contract provisions or other remedies, if available.
Protests submitted to HWU shall:
(a) Include the name and address of the protester.
(b) Identify clearly the procurement under which the protest is being submitted.
(c) Identify the action being protested and provide sufficient detailed documentation to
support the protest action.
(d) Indicate the action, ruling or relief desired from HWU.
The HWU Procurement and Revenue Manger will review the protest and render his or her decision in
writing within five (5) calendar days of receipt of the protest, setting forth reasons for his or her
decision.
HWU is responsible, in accordance with good administrative practice and sound business judgment,
for the settlement of all contractual and administrative issues arising out of the procurement, including
protests, contract defaults, disputes or breaches. The decision of the HWU Procurement and
Revenue Manger as to protests shall be final and conclusive, unless, within five (5) calendar days of
the date a decision was rendered by the HWU Procurement and Revenue Manger, a written appeal
of the same is submitted by the bidder to the Water and Sewer Board of Commissioners. Any appeal
to the Board of Commissioners shall include:
(a) A statement of the grounds for review and any supporting documentation.
(b) A copy of the protest filed with HWU and a copy of the HWU Procurement and Revenue
Manger's decision.
If the appeal is submitted prior to award of a contract, HWU will not award until the matter is resolved.
If the contract has been awarded prior to the appeal, the Bidder shall proceed diligently with the
performance of the contract.
6. SUBMISSION OF OFFERS
a. Offers and modifications thereof shall be enclosed in sealed envelopes and addressed to the
office specified in the solicitation. The offerer shall show the opening hour and date specified
in the solicitation, the solicitation number, and the name and address of the offeror on the face
of the envelope(s).
b. Telegraphic or facsimile offers shall not be considered unless authorized by the solicitation;
however, offers may be modified by telegraphic or facsimile notice, if such notice is received
prior to the hour and date specified for receipt. Telegraphic or facsimile modifications shall not
mention unit prices or total price; but shall only refer to percentage change or numerical change
(i.e., "reduce unit price of item 1 by $1.00").
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c. Samples of items, if required, shall be submitted within the time specified, and unless otherwise
specified, at no expense to HWU. If not destroyed by testing, samples shall be returned at the
offeror's request and expense, unless otherwise specified by the solicitation. Unless a request
for their return is made within thirty (30) days of award of contract, all samples shall become
property of HWU.
d. In the event of a miscalculation on the bid document, the unit price will prevail.
7. MODIFICATION OR WITHDRAWAL OF OFFERS
Offers may be modified or withdrawn by written notice received prior to the exact hour and date
specified for receipt of offers. An offer may also be withdrawn in person by an offeror or his authorized
representative, if his identity is made known and he signs a receipt for the offer, but only if the
withdrawal is made prior to the exact hour and date set for receipt of offers.
8. LATE OFFERS AND MODIFICATIONS
Offers and modifications of offers received at the office designated in the solicitation after the exact
hour and date specified for receipt shall not be considered for an award of contract, UNLESS:
a. No bids are received other than the late bid; and
b. The needs of HWU are determined to preclude the re-solicitation of bids.
9. MULTIPLE AND ALTERNATE BIDS
Bidders shall submit one response only to the solicitation and shall not propose more than one price,
model, and brand for each bid item. Multiple or alternate bids offering more than one bid price in total
(or by line-item) shall be cause for rejection unless specifically called for in special provisions provided
elsewhere in the solicitation.
10. AWARD OF CONTRACT
a. It is the intent of HWU to award this contract to the vendor(s) offering the lowest price for the
product specified or approved equal product. Any and all costs must be included in the bid price
(destination, delivery to HWU, any other costs).
b. HWU reserves the right to reject any offers and to waive informalities and minor irregularities
in offers received. The award of this contract will be contingent upon funds being appropriated
for this purchase.
c. The bidder, if awarded an order or contract, agrees to protect, defend, and save harmless the
Henderson Water and Sewer Commission and the Henderson Water Utility against any demand
for the use of any patented materials, process, article, or device, that may enter into the
manufacture, construction, or form a part of the work covered by either order or contract and
he further agrees to indemnify and save harmless the Henderson Water and Sewer Commission
and the Henderson Water Utility from suits or actions of every nature and description brought
against it, for on account of any injuries or damages received or sustained by any party or
parties, by or form any of the acts of the Bidder, his servants, or agents.
d. The awarded contract shall agree to offer the prices and the terms and conditions offered
herein to any municipality, county or state government; public utility; non-profit hospital;
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educational institute; special governmental agency; and non-profit corporation performing
governmental functions in Western Kentucky area who wish to participate in a cooperative
purchase program with Henderson Water Utility. Other agencies will be responsible for
entering into separate agreements with the Contract and for all payments thereunder.
e. The bidder agrees to hold the proposed pricing for up to 60 days after the bid proposal is
opened.
f. A written award mailed (or otherwise furnished) to the successful offeror within the time for
acceptance specified in the offer shall be deemed to result in a contract without further actions
by either party.
11. PRICE ESCALATION: DOES NOT APPLY TO THIS BID
It is the intention of both parties that pricing shall remain firm during the term of the agreement.
However, due to the current market instability, should the vendor's purchase price of the product
change between the time of HWU's order and the time of shipment, HWU will adjust the purchase price
to offset the vendor's purchase price increase. In order to do this, at the time of contract award, the
vendor shall provide HWU with the price quote from their supplier, and, at the time of shipment, the
vendor must provide HWU with their supplier's invoice. Neither of these documents will be subject to
public record availability until the contract is complete.
12. TERM OF CONTRACT & CONTRACT RENEWAL
This bid is for a single contract with no renewal.
13. METHOD OF AWARD: BEST VALUE - RANKING APPROACH
The Owner intends to award a Contract to the Bidder whose bid, conforming to the BID DOCUMENT, is
the most advantageous on the basis of "best value" for all products, services, and requirements
contained herein. An evaluation committee or a designated individual will evaluate the information
provided by the Bidder in response to the established measurable criteria contained herein.
Measurable Criteria: Price 100 Points
TOTAL POINTS 100 Points
Each Vendor is responsible for submitting all relevant, factual and correct information with their Bid to
enable the evaluator(s) to afford each Bidder the maximum score based on the available data submitted
by the Bidder. The Bidder shall explicitly adhere to the BID FORM which contains adequate space for the
Bidder's pricing.
Best Value scoring is subject to Reciprocal preference for Kentucky resident bidders and Preferences for
a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).
The Bidder is required to submit a complete copy of the "Required Affidavit for Bidders, Offerors, and
Bidders Claiming Resident Bidder Status" attached to the BID FORM.
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14. KENTUCKY/ INDIANA SALES AND USE TAXES
Sales of tangible personal property or services to HWU are not subject to state sales or use taxes.
Henderson Water Utility's Kentucky/Indiana sales tax exemption number will be provided to the
successful bidder(s).
15. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
Any contracts or orders placed as a result of the offer shall be governed by the laws of the
Commonwealth of Kentucky. The rights and obligations of the parties thereto shall be determined in
accordance with these laws. Any offer conditioned upon governance by the laws of a state other than
Kentucky shall not be considered.
Conflicts of interest, gratuities and kickbacks as defined and provided for in KRS 45A.455 are absolutely
prohibited. Bidder acknowledges and certifies by submission of his bid that all the provisions of KRS
45A.455 are complied with fully.
A City of Henderson business license is required for all vendors servicing accounts within the City of
Henderson. Information regarding the business license can be obtained by calling the business license
office at 270-831-1200. Vendors will be allowed ten (10) days after award of bid to submit a copy of their
current business license to the Purchasing Manager.
16. CONFLICTS OF INTEREST- Gratuities and kickbacks - Use of confidential information (KRS 45A.455)
a. It shall be a breach of ethical standards for any employee with procurement authority to
participate directly in any proceeding or application; request for ruling or other determination;
claim or controversy; or other particular matter pertaining to any contract, or subcontract, and
any solicitation or proposal therefore, in which to his knowledge:
i. He, or any member of his immediate family has a financial interest therein; or
ii. A business or organization in which he or any member of his immediate family has a financial
interest as an officer, director, trustee, partner, or employee, is a party; or
iii. Any other person, business, or organization with whom he or any member of his immediate family
is negotiating or has an arrangement concerning prospective employment is a party. Direct or
indirect participation shall include but not be limited to involvement through decision, approval,
disapproval, recommendation, preparation of any part of a purchase request, influencing the
content of any specification or purchase standard, rendering of advice, investigation, auditing or
in any other advisory capacity.
b. It shall be a breach of ethical standards for any person to offer, give, or agree to give any
employee or former employee, or for any employee or former employee to solicit, demand,
accept, or agree to accept from another person, a gratuity or an offer of employment, in
connection with any decision, approval, disapproval, recommendation, preparation of any part
of a purchase request, influencing the content of any specification or purchase standard,
rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding
or application, request for ruling or other determination, claim or controversy, or other
particular matter, pertaining to any contract or subcontract and any solicitation or proposal
therefore.
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c. It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made
by or on behalf of a Subcontractor under a contract to the prime Bidder or higher tier Subcontractor
or any person associated therewith, as an inducement for the award of a subcontract or order.
d. The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously
set forth in every local public agency written contract and solicitation, therefore.
e. It shall be a breach of ethical standards for any public employee or former employee knowingly
to use confidential information for his actual or anticipated personal gain, or the actual or
anticipated personal gain of any other person.
17. CONTRACT MODIFICATIONS
During the period of the contract, no modification shall be permitted in any of its conditions and
specifications unless the Bidder receives written approval from the Purchasing Manager.
If the Bidder finds at any time that existing conditions make modifications in requirements necessary,
he shall promptly report such matter to the Procurement and Revenue Manger for consideration and
decision. All contract modifications shall be subject to the provisions of 200 KAR 5:311.
18. ADDITIONAL CHARGES/FEES
The bid price of the product is the complete product price. There will be no fuel surcharges, delivery
fees, handling fees, container return fees, or any other fees/charges associated with the purchase,
installation or delivery of products.
19. SELLER'S INVOICES
Invoices shall be prepared and transmitted via email or USPS to HWU at the provided address. Invoices
shall contain, at a minimum, the following information: Purchase Order number, Bill of Lading number,
delivery location, and an appropriate weight ticket, where applicable.
HWU is a municipality and invoices are processed for payment not less than once per month. Terms are
net 30 after receipt of both shipment and invoice.
20. PRECEDENCE OF PROVISIONS
In the event of an inconsistency between provisions of the solicitation, the inconsistency shall be resolved
by giving precedence in the following order: (a) Addenda, if issued; (b) Solicitation Instructions and
Conditions; (c) General Conditions; (d) other provisions of the contract, whether incorporated by reference
or otherwise; and, e) the Technical Specifications.
21. NONDISCRIMINATION
Civil Rights Act of 1964: In accordance with the provisions of Title VI of the Civil Rights Act of 1964 and
the regulations of the Federal Department of Transportation (49 CFR, part 21) issued pursuant to such
Act, all bidders are hereby notified that HWU will affirmatively insure that the contract entered into
pursuant to this advertisement will be awarded to the responsible bidder with the lowest evaluated bid
without discrimination on the grounds of race, color, national origin, disability, gender, or age.
Americans with Disabilities Act: In accordance with the provisions of The Americans with Disabilities Act
of 1990 (ADA) which specifically prohibits discrimination against persons with disabilities, all bidders
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