Wheel Loader (Unit 1844) Bid Packet.pdf

Agency: City of Salina
State: Kansas
Type of Government: State & Local
NAICS Category:
  • 532412 - Construction, Mining, and Forestry Machinery and Equipment Rental and Leasing
Posted Date: Apr 29, 2026
Due Date: May 21, 2026
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CITY OF SALINA
REQUEST FOR BIDS
Project No.: N/A City's Project Manager:
Mike Fuller
Fleet Supervisor
Project Title: 2026 Vehicles and Equipment
418 E. Ash St.
Telephone Number: (785) 309-5752
Bid Deadline: Thursday, May 21, 2026 at 10:00 a.m. mike.fuller@salina.org
1. INVITATION TO BID
1.1 The City of Salina, Kansas is seeking Bids for the purchase of one (1) Wheel Loader with
Standard Bucket, as are more particularly described in this Request for Bids and the detailed
Specifications.
1.2 Sealed Bids will be received at the City-County Building, 300 W. Ash, Room 206, P.O. Box
736, Salina, Kansas 67402, until the above-referenced Bid submission deadline, for
furnishing materials, equipment, and/or supplies, as described herein.
1.3 Submissions must be hand-delivered, or sent via return receipt delivery effected by certified
mail, priority mail, commercial courier service, overnight delivery service, or other reliable
personal delivery service to the City's above-referenced address. Facsimile or electronic
submissions will not be accepted. Submissions received after the specified time and date will
be returned unopened.
1.4 Bids will be opened publicly and read aloud at 10:00 a.m. (CST), on the above-referenced
Bid submission deadline, at the City-County Building, 300 W. Ash, Room 206, Salina,
Kansas 67401.
1.5 All questions concerning this solicitation during the bidding process shall be forwarded to
the Project Manager listed above.
2. SUMMARY OF SOLICIATION
Purchase of one (1) Wheel Loader with Standard Bucket.
3. DEFINITIONS
3.1. Bid: A completed and properly signed response to this Request for Bids, which, if accepted
by the City, will bind the Bidder to perform the resultant Contract.
3.2. Bidder: A person or entity that submits a Bid in response to this Request for Bids.
3.3. Bid Documents: This Request for Bids, and all documents and information attached hereto
or incorporated herein.
RB-1

3.4. City: The City of Salina, Kansas.
3.5. Contract: A binding legal agreement between the City and the Successful Bidder, which
includes, without limitation, the City's Standard Purchase Terms and Conditions.
3.6. Deliverables: The goods, products, equipment, materials, and/or services to be provided to
the City under a Contract with the Successful Bidder.
3.7. Specifications: The stated minimum requirements for a Bid to be considered by the City,
including those set forth in Exhibit A attached to this Request for Bids, and all other written
the directions, provisions, and requirements pertaining to: (a) the kind and type of
Deliverables; (b) the qualities of materials to be furnished; and/or (c) the method and manner
of providing the related services.
3.8. Successful Bidder: The Bidder submitting a responsive Bid to whom the City awards a
Contract.
4. BID SUBMISSIONS
4.1 Written Bids shall be typewritten or written in ink on the form enclosed. Officials of
corporations shall designate their official title; partners or sole owners shall so state, giving
the names of all interested parties. The person signing the Bid shall initial all corrections or
erasures.
4.2 Bids with all required submittals and information shall be submitted at the time and place
indicated herein, in writing, within a sealed envelope. The envelope shall be identified on
the outside with Bidder's name and address and the project number, and addressed to the City
of Salina, in care of: Nikki Goding, City Clerk, City-County Building, 300 W. Ash, Room
206, P.O. Box 736, Salina, Kansas 67402.
4.3 Sufficiency of Documents, Interpretations, Addenda.
4.3.1. The submission of a Bid will constitute an incontrovertible representation that the
Bidder will comply with every term and condition of the Bid Documents and that
such documents and specifications therein are sufficient in scope and detail to indicate
and convey understanding of all requirements for furnishing the Deliverables.
4.3.2. Any questions about the meaning or intent of the Bid Documents or requirements
must be submitted in writing to the Project Manager not less than seven (7) days prior
to the date of Bid opening. Questions thus submitted will be answered by written
addenda issued to all prospective Bidders who have obtained a copy of this Request
for Bids from the City. Oral or other interpretations or clarifications will be void,
without any legal effect, and do not bind the City.
4.3.3. Addenda to the Request for Bids shall be properly acknowledged in the space
provided on the Bid form.
RB-2

Each Bidder shall submit with its Bid a certified check, cashier's check, or an acceptable bidding bond (written on a penal sum form), in the amount of five percent (5%) of the total amount shown on the Bid. The Bid security shall be made payable to the City and will serve as a guarantee that the Bidder will enter into any Contract awarded to the Bidder in accordance with the terms of the Bid. If a Bidder fails or refuses to enter into a Contract, or to hold the Bid price, terms, or conditions firm, then, in addition to exercising any other available remedy at law or in equity (including but not limited to the remedies available to the City pursuant to Section 11 of the City's Standard Purchase Terms and Conditions attached hereto), the City may consider the Bidder to be in default and the Bid security of that Bidder shall be forfeited and the money derived therefrom will be turned to the use of the City. The City may retain the security of any Bidder until sixty-one (61) days after the Bid opening, at which time the Bid security shall be returned to all unsuccessful Bidders.
Bid security is not required for this project.

4.4 Each Bidder shall attach to its Bid copies of all warranties to be provided by the manufacturer,
distributor and/or Bidder.
4.5 Prior to Contract award, Bidders may be required to submit evidence that they: (a) have
adequate financial and technical ability to furnish and service the Deliverables; (b) maintain
spare parts for maintenance and repair of the Deliverables; and (c) have an acceptable service
record on Deliverables previously supplied to others.
4.6 In some cases, alternate Bids may be requested with respect to some elements of the
Specifications. Alternate pricing shall be provided on the forms provided for such purpose,
and shall be presented as an addition or reduction to the base Bid amount.
4.7 Bidders shall state the delivery terms in the Bid, unless already specified in the Bid form
and/or the Specifications, in which case delivery shall be made within the time(s) set forth.
Bidders shall further state in the Bid any and all prepayment and discount options offered to
the City.
4.8 The City is exempt from Kansas sales tax on materials and equipment to be purchased
hereunder. Consequently, sales tax shall not be included in the Bid.
4.9 The City shall not be liable for any costs incurred by a Bidder in preparing and submitting a
Bid, or in performing any other activities relative to this Request for Bids.
4.10 The City may have trade-in equipment to be purchased. If so, the equipment will be listed
on or attached to the Specifications sheet, along with instructions for viewing or obtaining
additional information regarding this equipment. In all cases, the trade will be at the option
of the City, and the City reserves the right to either trade any or all of the listed equipment,
or to pay the Bid price of the item before trade and retain the trade-in equipment.
4.11 When approximate quantities are stated, the City reserves the right to increase or decrease
the quantity as best fits its needs.
5. BID SECURITY
5.1 The City's Bid security requirements are as follows ("X" indicates applicability):
Each Bidder shall submit with its Bid a certified check, cashier's check, or an acceptable
bidding bond (written on a penal sum form), in the amount of five percent (5%) of the total
amount shown on the Bid. The Bid security shall be made payable to the City and will serve
as a guarantee that the Bidder will enter into any Contract awarded to the Bidder in
accordance with the terms of the Bid. If a Bidder fails or refuses to enter into a Contract, or
to hold the Bid price, terms, or conditions firm, then, in addition to exercising any other
available remedy at law or in equity (including but not limited to the remedies available to
the City pursuant to Section 11 of the City's Standard Purchase Terms and Conditions
attached hereto), the City may consider the Bidder to be in default and the Bid security of
that Bidder shall be forfeited and the money derived therefrom will be turned to the use of
the City. The City may retain the security of any Bidder until sixty-one (61) days after the
Bid opening, at which time the Bid security shall be returned to all unsuccessful Bidders.
Bid security is not required for this project.
RB-3

6. BID WITHDRAWAL
6.1 Bids may be withdrawn by notice in writing, but only if the written notice is received by the
City prior to Bid opening. Any such withdrawal notice must be delivered in the same manner
as Bids are required to be submitted. After Bid opening, Bids may not be withdrawn and
shall remain open for sixty (60) days.
7. AWARD OF CONTRACT
7.1 The City reserves the right to reject any and all Bids; to waive any and all informalities or
defects; to disregard all nonconforming, non-responsive or conditional Bids; or to accept such
proposals as shall be deemed to be in the best interest of the City so to do. Discrepancies
between words and figures will be resolved in favor of words. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved in favor
of the correct sum.
7.2 Bids will be evaluated and award will be made to the lowest and best responsive and
responsible Bidder whose Bid conforms to the City's requirements, and whose Bid is
considered to be the most advantageous to the City, price and other factors considered.
Factors to be considered may include, but are not limited to, Bidder's past performance, total
unit cost, economic cost analysis, life cycle costs, warranty, service response time, quality,
maintenance cost, durability, operational requirements of the City, and any other such
information in the City's discretion.
7.3 The City may elect to accept a Bid for the Deliverables without trade-in of any or all of the
listed trade-in equipment (if any is listed in the Specifications), or the City may elect to accept
the Bid with any combination of trade-in equipment. The selection of particular units, if any,
of the identified trade-in equipment to be traded rests solely with the City.
8. CONTRACT TERMS
8.1 Within ten (10) days of acceptance by the City and the issuance of a notice of award, the
Successful Bidder will enter into a Contract with the City. The Contract between the City and
the Successful Bidder shall be subject to, and shall include, the City's Standard Purchase Terms
and Conditions, a copy of which is attached hereto. The Standard Purchase Terms and Conditions
shall not be modified and shall supersede any terms, conditions, or provisions proposed by the
Bidder which may be inconsistent therewith. Submission of a Bid constitutes an offer to contract
on these terms, and the City's issuance of a purchase order constitutes the City's acceptance of
the Successful Bidder's offer on these terms, and forms a Contract.
RB-4

BID FORM
TO THE BOARD OF COMMISSIONERS
CITY OF SALINA, KANSAS
Project Name: 2026 Vehicle and Equipment Bids
Project No.: N/A
1. Proposal to Enter into Contract. The undersigned Bidder hereby submits the following
Bid for the Deliverables indicated below, in accordance with the terms and Specifications of the Request
for Bids and related Bid Documents. Bidder proposes and agrees, if this Bid is accepted, to furnish all
Deliverables for which a Contract is awarded, within the date(s) specified, in the manner and at the prices
herein stated, and in accordance with the terms and conditions of the Bid Documents.
2. Bidder's Acknowledgments. Bidder accepts all of the terms and conditions of the Bid
Documents, including but not limited to the City's Standard Purchase Terms and Conditions (as
applicable). This Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for
such longer period of time that Bidder may agree to in writing upon request by the City.
3. Bidder's Representations. In submitting this Bid, Bidder represents that:
a. Bidder has carefully reviewed the Bid Documents, and the following addenda, receipt
of which is hereby acknowledged:
1.
2.
b. Bidder understands and agrees that in signing this Bid, Bidder waives all rights to
plead any misunderstanding regarding the Bid Documents or the above-referenced
addenda.
c. Bidder has given the Project Manager written notice of all conflicts, errors,
ambiguities, or discrepancies that Bidder has discovered in the Bid Documents, and
the Project Manager's written explanation is acceptable to Bidder.
4. Bid Price. Bidder will sell the specified Deliverables in accordance with the Bid
Documents, for the following prices:
Vendor's Bid
Bid Price (including delivery) $
Allowance for Trade-In (if accepted) $
5. Delivery Date; Delivery Charges. Bidder represents and warrants that, if this Bid is
accepted, Bidder will deliver the Deliverables and provide all related services within
___________________ days after receipt of a notice of award, or in accordance with the following
timeframe _________________________________________________________________________.
The Bid prices above shall include all transportation, preparation, and handling charges.
BF-1

Bidder offers the following discount or promotional terms (as applicable) ______________________________________________________
Discount Terms are not applicable for this project.
Individual/Sole Proprietorship
Partnership
Kansas Corporation
Kansas Limited Liability Company
_________________ Corporation*
_________________Limited Liability Company*
Other: ___________________________________
*Please indicate the state in which entity is organized

6. Trade-In Offer. If this Bid is accepted, Bidder will accept the City's trade-in equipment
and credit the bid price in the following lump-sum amount (trade in price should not be deducted from
Bidder's prices above): _______________________________________.
7. Discount Terms.
7.1 The City's Discount Terms are as follows ("X" indicates applicability):
Bidder offers the following discount or promotional terms (as applicable)
______________________________________________________
Discount Terms are not applicable for this project.
8. Definitions. Terms used in this Bid shall have the meanings assigned to them in the Bid
Documents.
9. Bid Enclosures. Bidder has included with this Bid submittal:
(Items Marked with "X" must be enclosed)
Bid Security
Copies of Warranties and related information
Original manufacturer's brochures and specification sheets
10. Business Designation. Bidder represents that its business designation is as follows
(check one):
Individual/Sole Proprietorship
Partnership
Kansas Corporation
Kansas Limited Liability Company
_________________ Corporation*
_________________Limited Liability Company*
Other: ___________________________________
*Please indicate the state in which entity is organized
COMPANY:
AUTHORIZED REPRESENTATIVE:
TITLE:
ADDRESS:
E-MAIL ADDRESS:
PHONE:
SIGNATURE:
DATE SUBMITTED:
BF-2

Mandatory/Preferred Option Compliance
Mandatory Preferred N/A Yes No
GENERAL SPECIFICATIONS
Model: Year shall be [2026] or latest model of Wheel Loader.
Color: Manufacturer's standard color
Engine Type: Diesel engine
Power Train (Transmission): Shall be automatic with either Hydrostatic or Powershift
Net Engine Horsepower: Minimum 240 horsepower
Vehicle Operating Weight: 41,500 lbs. to 50,000 lbs. (hanging weight not allowed)
Full Turn Tipping Load: Shall meet or exceed 24,500 lbs (No tire deflation)
Height to Top of Cab: Shall not exceed 11'6"
Fuel Capacity: Minimum 75 gal
Front Differential Type: Limited Slip
Rear Differential Type: Limited Slip
Brakes: Hydraulically actuated
Breakout Force: Shall be minimum 34,500 lbs
Hydraulic System: Pump flow minimum 68 gpm
Cooling System: Must be equipped with hydraulically driven reversing fan and have easy access panels to clean dirt and debris from around the radiator and other vital components to the cooling system
Cold Weather Package: Must be equipped with 120V engine block heater
Serviceability: Breaker panel, engine fluids, and engine shutdown must be accessible from ground
Tire Size (Rims): 23.5 R25
Steering Wheel: Shall be tilt
Bucket Linkage Type: Z-Bar design
Bucket Controls: Shall be joystick controlled
Self-Leveling System: Bucket shall be equipped with auto-bucket leveling system
Standard Bucket: General Purpose Bucket 3.5 yard to 5 yard capacity
Standard Bucket Edge: The edge shall be a smooth bit, bolt-on cutting edge

Exhibit A
Description of Deliverables
The Deliverables purchased under this Agreement shall consist of the following items, all of
which shall conform to the Contract Documents, including the detailed Specifications contained in the
City's Request for Bids:
BID SPECIFICATIONS FOR ONE (1) WHEEL LOADER WITH STANDARD BUCKET
TYPE: New Used Demo Unit Demo units shall carry full new unit warranty.
Mandatory/Preferred Option Compliance
Mandatory Preferred N/A Yes No
GENERAL SPECIFICATIONS
Model: Year shall be [2026] or latest model of Wheel
Loader.
Color: Manufacturer's standard color
Engine Type: Diesel engine
Power Train (Transmission): Shall be automatic
with either Hydrostatic or Powershift
Net Engine Horsepower: Minimum 240 horsepower
Vehicle Operating Weight: 41,500 lbs. to 50,000 lbs.
(hanging weight not allowed)
Full Turn Tipping Load: Shall meet or exceed
24,500 lbs (No tire deflation)
Height to Top of Cab: Shall not exceed 11'6"
Fuel Capacity: Minimum 75 gal
Front Differential Type: Limited Slip
Rear Differential Type: Limited Slip
Brakes: Hydraulically actuated
Breakout Force: Shall be minimum 34,500 lbs
Hydraulic System: Pump flow minimum 68 gpm
Cooling System: Must be equipped with hydraulically
driven reversing fan and have easy access panels to
clean dirt and debris from around the radiator and other
vital components to the cooling system
Cold Weather Package: Must be equipped with 120V
engine block heater
Serviceability: Breaker panel, engine fluids, and
engine shutdown must be accessible from ground
Tire Size (Rims): 23.5 R25
Steering Wheel: Shall be tilt
Bucket Linkage Type: Z-Bar design
Bucket Controls: Shall be joystick controlled
Self-Leveling System: Bucket shall be equipped with
auto-bucket leveling system
Standard Bucket: General Purpose Bucket 3.5 yard to
5 yard capacity
Standard Bucket Edge: The edge shall be a smooth
bit, bolt-on cutting edge
A-1

Mandatory/Preferred Option Compliance
Mandatory Preferred N/A Yes No
Bucket System: Shall have hydraulically operated quick attach coupler for easy change of buckets and other attachments
Dump Clearance: Minimum 10' full height at discharge (ft/in)
Electrical System: 24-volt system
Lighting (Interior and Exterior): Shall be LED
Interior Lighting: Shall have interior cab lighting
Exterior Lighting: Shall have standard OEM work lighting on top of cab (front and rear facing)
Safety Lighting: Shall be equipped with strobe/ safety light
Cab: Pressurized and sound suppressed enclosed cab with standard instrumentation cluster to include hour meter, heater/defroster, HVAC equipped with cabin filter, adjustable fans, cup holder, 12v power port, AM/FM radio
Steps: Shall have steps on both sides of machine for added access to exterior cab and windows for cleaning
Wipers: Must have wipers on both front/rear of cab
Camera: Shall be equipped with OEM rearview camera and monitor
Seat: Cloth seat with heavy duty air suspension
Safety: ANSI compliant. Manufacturers' standard ROPS, operator seat belt and attaching system. Operator presence in seat to unlock park brake. Backup alarm.
Sustainability: Machine must be capable of a manufacturer complete certified rebuild program that includes both power train and all hydraulic systems. Manufacturer rebuild program must have a historical track record of providing this service.
Serviceability: Authorized dealer doing repairs, warranty work and manufacturer preventive maintenance services shall be no further distance from Salina than 90 miles. Parts and service must have a positive track record that minimizes downtime of equipment.
Service Provider: Must be capable of providing a service agreement plan for manufacturer's recommended preventive maintenance service that includes labor, travel, fluids and filters
Caterpillar Vision Link: Must be equipped with or capable of installing Caterpillar Vision Link monitoring system

Mandatory/Preferred Option Compliance
Mandatory Preferred N/A Yes No
Bucket System: Shall have hydraulically operated
quick attach coupler for easy change of buckets and
other attachments
Dump Clearance: Minimum 10' full height at
discharge (ft/in)
Electrical System: 24-volt system
Lighting (Interior and Exterior): Shall be LED
Interior Lighting: Shall have interior cab lighting
Exterior Lighting: Shall have standard OEM work
lighting on top of cab (front and rear facing)
Safety Lighting: Shall be equipped with strobe/ safety
light
Cab: Pressurized and sound suppressed enclosed cab
with standard instrumentation cluster to include hour
meter, heater/defroster, HVAC equipped with cabin filter,
adjustable fans, cup holder, 12v power port, AM/FM
radio
Steps: Shall have steps on both sides of machine for
added access to exterior cab and windows for cleaning
Wipers: Must have wipers on both front/rear of cab
Camera: Shall be equipped with OEM rearview
camera and monitor
Seat: Cloth seat with heavy duty air suspension
Safety: ANSI compliant. Manufacturers' standard
ROPS, operator seat belt and attaching system.
Operator presence in seat to unlock park brake. Backup
alarm.
Sustainability: Machine must be capable of a
manufacturer complete certified rebuild program that
includes both power train and all hydraulic systems.
Manufacturer rebuild program must have a historical
track record of providing this service.
Serviceability: Authorized dealer doing repairs,
warranty work and manufacturer preventive
maintenance services shall be no further distance from
Salina than 90 miles. Parts and service must have a
positive track record that minimizes downtime of
equipment.
Service Provider: Must be capable of providing a
service agreement plan for manufacturer's
recommended preventive maintenance service that
includes labor, travel, fluids and filters
Caterpillar Vision Link: Must be equipped with or
capable of installing Caterpillar Vision Link
monitoring system
2

Mandatory/Preferred Option Compliance
Mandatory Preferred N/A Yes No
Warranty Service: Manufacturer's standard bumper- to-bumper warranty for minimum of 12 months with option to purchase an extended bumper-to-bumper warranty for up to 7 years and/or 7,000 hours.
Literature: Shall furnish one set of hard copy operations/maintenance and parts manuals covering wheel loader electrical, hydraulics and powertrain. Digital copies only will not be accepted due to technology limitations at facility.
Keys: Vendor shall furnish at least 4 machine keys.
Machine Availability: Delivery of equipment from selected bidder must be available within 90 days.
Inspection: Inspection of the wheel loader will be performed as soon as possible upon delivery. Wheel loader with missing equipment or otherwise failing to meet specifications will not be accepted and will become the vendors' responsibility.
A. Delivery: City of Salina Municipal Solid Waste Landfill 4292 S. Burma Rd. Salina, KS 67401
Additional Information:
Bidder's Comments:

Mandatory/Preferred Option Compliance
Mandatory Preferred N/A Yes No
Warranty Service: Manufacturer's standard bumper-
to-bumper warranty for minimum of 12 months with
option to purchase an extended bumper-to-bumper
warranty for up to 7 years and/or 7,000 hours.
Literature: Shall furnish one set of hard copy
operations/maintenance and parts manuals covering
wheel loader electrical, hydraulics and powertrain.
Digital copies only will not be accepted due to
technology limitations at facility.
Keys: Vendor shall furnish at least 4 machine keys.
Machine Availability: Delivery of equipment from
selected bidder must be available within 90 days.
Inspection: Inspection of the wheel loader will be
performed as soon as possible upon delivery. Wheel
loader with missing equipment or otherwise failing to
meet specifications will not be accepted and will
become the vendors' responsibility.
A. Delivery: City of Salina
Municipal Solid Waste Landfill
4292 S. Burma Rd.
Salina, KS 67401
Additional Information:
Bidder's Comments:
A complete set of specifications of the unit's bid, descriptive literature, date of delivery, and
warranty information (including copies of the actual warranties and disclaimers to be issued) shall
be included with the bid submittal. The window sticker shall be left on the vehicle. All deviations
or variances from the above specifications shall be expressly identified and explained. Failure to
provide this information may result in a bid not being considered.
3

CITY OF SALINA, KANSAS
STANDARD PURCHASE TERMS AND CONDITIONS
1. Contractor's Obligations. The Contractor 6. Invoices. Invoices shall be prepared and
shall fully and timely provide all Deliverables submitted in duplicate to the "ship-to" address
described in the Contractor's Bid in strict accordance specified on the purchase order. Separate invoices are
with the terms, covenants, and conditions of this required for each purchase order. Invoices shall
Contract, the Specifications, and all applicable federal, contain the following information: purchase order
state, and local laws. number, item number, description of goods or
services, sizes, units of measure, quantity, unit price,
2. Effective Date; Term. This Contract shall be and extended totals.
effective as of the date of the City's purchase order,
and shall continue in effect until all obligations are 7. Payment. The City shall pay the Contractor
performed in accordance with this Contract. The for goods and services rendered, in one lump sum,
Contractor shall furnish the Deliverables, and provide which shall be due and payable to Contractor within
all related services, on or before the date(s) or within thirty (30) calendar days after the City's receipt of the
the time(s) specified in the Contractor's Bid. invoice. Provided, however, that no payment shall be
due until after: (a) the City has issued a Notification of
3. Title & Risk of Loss. Title to and risk of loss Acceptance with respect to all Deliverables covered
of the Deliverables shall pass to the City only when by the invoice; and (b) the Contractor has provided
clear and unencumbered title to the Deliverables has clear and unencumbered title to the Deliverables. No.
been furnished to the City and Notification of C.O.D.s will be accepted.
Acceptance has been issued by the City.
8. Warranties. The Contractor warrants and
4. Delivery Terms and Transportation Charges. represents that all Deliverables sold to the City under
All deliveries shall be F.O.B. destination with all this Contract shall be free from defects in design,
transportation and handling charges paid by the workmanship or manufacture, and further represents
Contractor. The place of delivery shall be that and warrants that all Deliverables shall conform in all
location set forth in the purchase order. material respects to: (i) the Specifications, drawings,
and descriptions; (ii) any samples furnished by the
5. Inspections; Rejection; Withholding Contractor; (iii) the terms, covenants and conditions of
Acceptance Pending Cure. The City expressly this Contract; and (iv) all applicable state, federal or
reserves all rights to inspect the Deliverables within a local laws, rules, and regulations, and industry codes
reasonable time after delivery, and to reject defective and standards. These warranties shall be in addition to
or non-conforming goods. Notwithstanding anything any other warranty or guarantee provided by the
to the contrary contained in applicable law or in any Contractor. Unless otherwise stated in the
laws of sales or standards and practices in the Specifications, the Deliverables shall be new
industry, any acknowledgement of receipt or delivery merchandise, and not used or reconditioned. The
of the Deliverables by the City shall not constitute Contractor may not limit, exclude or disclaim the
acceptance by the City or waiver of any defects or forgoing warranties or any warranty implied by law,
nonconformance. Acceptance of the Deliverables and any attempt to do so shall be without force or
shall not be deemed to occur until the City's issuance effect. The warranty period shall be at least one year
of the written Notification of Acceptance to the from the date of acceptance of the Deliverables or
Contractor. The City reserves the right to reject the from the date of acceptance of any replacement
Deliverables, in whole or in part, if the Deliverables Deliverables, or such longer period as may be required
fail in any respect to conform to the Specifications and by the Specifications. If the Contractor is not the
requirements contained in or made a part of the Bid; if manufacturer and the Deliverables are covered by a
they are defective in any respect; or if they have not separate manufacturer's warranty, the Contractor shall
been properly or satisfactorily installed or equipped. transfer and assign such manufacturer's warranty to
If the Deliverables are substantially in compliance the City. If for any reason the manufacturer's
with the Specifications, but are defective or warranty cannot be fully transferred to the City, the
nonconforming to some degree, the City may, in its Contractor shall assist and cooperate with the City to
sole discretion, withhold acceptance until the the fullest extent to enforce such manufacturer's
Deliverables are rendered non-defective and conform warranty for the benefit of the City.
in every respect to the Contract.
B-1

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