The following standard terms and conditions shall govern for all bids and proposals issued by the Village of Skokie.
Submission of Proposal
All bids must be delivered to the office of the Purchasing Agent at the Village by the specified opening time of the bid. Bids arriving after the specified time will not be accepted. Mailed bids, which are delivered after the specified hour will not be accepted regardless of post marked time on the envelope. All bids shall be submitted in sealed envelopes carrying the following information: bidder's name, address, subject matter of proposal and designated date and time of bid opening. Bids transmitted by facsimile shall not be accepted unless such transmission is specifically provided within the bid document. Sealed bids will be opened in public at the time and place shown herein. After the public bid opening, however, bid results will not be available until after award of the contract.
Bid Deposit
When required on the cover sheet, a bid deposit in the amount specified shall accompany all bids. Bid deposits shall be in the form of cash, a certified check or cashier's check drawn on a responsible bank doing business in the United States and shall be made payable to the Village of Skokie. All bids not accompanied by a bid deposit, when required, will be rejected. No bid bonds will be accepted unless otherwise indicated in the specification. Bid deposits of the two lowest bidders will be returned after the contract is awarded. Bid deposits of all others will be returned immediately. The bid deposit of the accepted bidder will be returned upon receipt by the Village of satisfactory performance bond where such bond is required or completion of contract.
Performance Bond
When required by the specifications herein, the successful bidder shall furnish a performance bond, acceptable to the Village, within fourteen (14) calendar days after notification of contract award. Failure to furnish the required bond within the time specified may be cause for rejection of the bid and any bid deposit may be retained by the Village as liquidated damages and not as a penalty. It being now agreed that said sum is a fair estimate of the amount of damages the Village will sustain due to the bidder's failure to furnish said bond.
Withdrawal of Proposal
Bidders may withdraw or cancel their proposals at any time prior to the advertised bid opening time. After the bid opening time, no bid shall be withdrawn or canceled for a period of sixty (60) calendar days. When this contract must be approved by another agency, no bid shall be withdrawn or canceled for a period of ninety (90) days after the bid opening time.
Preparation of Proposal
The bidder shall prepare proposal on the attached proposal forms. Unless otherwise stated, all blank spaces on the proposal page or pages, applicable to the subject specification, must be correctly filled in. Either a unit price or a lump sum price, as the case may be, must be stated for each and every item, either typed in or written in ink. Pricing shall be in U.S. Dollars (USD). If bidder is a corporation, the President and Secretary shall execute the bid and the corporate seal shall be affixed. In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of corporate by-laws or other authorization by the Corporation, which permits the person to execute the offer for the Corporation. If bidder is a partnership, all partners shall execute the bid, unless one partner has been authorized to sign for the partnership, in which case, evidence of such authority satisfactory to the Purchasing Agent shall be submitted. All responses shall be prepared in the English language.
Compliance with Laws
The bidder shall at all times observe and comply with all laws, ordinances and regulations of the federal, state, local and Village governments, which may in any manner affect the contract. Any contract resultant from this solicitation shall be governed under the laws of the State of Illinois.
Interpretation of Contract Documents
Any bidder in doubt as to the true meaning of any part of the specifications or other contract documents, may submit to the Purchasing Agent a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Such interpretation will be made only by an addendum duly issued by the Purchasing Agent. A copy of such addendum will be mailed to all prospective bidders. Failure on the part of the prospective bidder to receive a written interpretation prior to the time of the opening of bids will not be grounds for withdrawal of the proposal. Bidder will acknowledge receipt of each addendum issued. Oral explanations will not be binding. Any reference in these specifications to manufacturer's name, trade name, or catalog number (unless otherwise specified) is intended only to indicate articles that will be satisfactory, and shall is not intended to restrict competition. Bids on other makes and catalog numbers will be considered, provided each bidder clearly states exactly what is proposed to be furnished. Unless so stated on proposal, it shall be understood that bidder intends to furnish item identified and does not propose to furnish an "equal". The Purchasing Agent hereby reserves the right to approve as an "equal", or to reject as not being an "equal", any article the bidder proposes to furnish which contains major or minor variations from specification requirements by which may comply substantially therewith.
Conditions
Bidders are advised to become familiar with all terms, conditions, instructions and specifications governing this bid. Once the award has been made, failure to have read all the conditions, instructions and specifications of this contract shall not be cause to alter the original contract or to request additional compensation.
Catalogs
Each bidder shall submit, where necessary, or when requested by the Purchasing Agent, catalogs, descriptive literature, and detailed drawings, fully detailing features, designs, construction, appointments, finishes and the like not covered in the specifications, necessary to fully describe the material or work proposed to be furnished. Failure to provide such information as required may result in bid disqualification.
Consideration of Proposals
The Purchasing Agent shall represent and act for the Village in all matters pertaining to this proposal and contract in conjunction therewith. The Village reserves the right to reject any or all proposals and to disregard any informality on the bids and bidding, when in its opinion the best interest of the Village will be served by such action. No proposal will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Village of Skokie upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said Village, or had failed to perform faithfully any previous contract with the Village. The bidder, if requested, must present within 48 hours, evidence satisfactory to the Purchasing Agent of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications and contract documents.
Discounts
Bidders shall provide prompt payment discounts in the area shown herein. When cash discounts are offered, the discount date shall begin with the invoice date or delivery date to the Village, whichever is later. Prompt payment discounts shall not be a consideration in the award of a contract.
Guarantees & Warranties
All guarantees and warranties required shall be furnished by the Contractor and shall be delivered to the Purchasing Agent before final voucher on the contract is issued. The warranty period shall commence upon final acceptance of product.
Delivery
All materials shipped to the Village of Skokie must be shipped F.O.B. delivered, designated location, Skokie, Illinois. If delivery is made by truck, arrangements must be made in advance by the Contractor in order that the Village may arrange for receipt of the materials. The materials must then be delivered where directed. Truck deliveries will be accepted before 4:30 P.M. on weekdays only. No deliveries will be accepted on Saturdays, Sundays or Holidays.
Inspections
The Village shall have the right to inspect any materials, components, equipment, supplies, services, or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the Village. Any items rejected shall be removed from the premises of the Village and/or replaced at the entire expense of the successful bidder.
Taxes
Federal Excise Tax does not apply to materials purchased by the Village of Skokie, Illinois Retailer's Occupation Tax, Use Tax, and Municipal Retailer's Occupation Tax do not apply to materials or services purchased by the Village of Skokie by virtue of Statute.
Patents
Bidders agree to indemnify, defend and save harmless the Village of Skokie from and against all demands, claims, suits, cost, expenses, damages and adjustments based on any infringement of any patent relating to goods specified in this contract.
Hold Harmless &and Indemnification
To the fullest extent permitted by law, Contractor agrees to indemnify, save harmless and defend the Village of Skokie, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses or expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen, in whole or in part, out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly and solely by the negligence or other fault of the Village of Skokie, its agents, servants, or employees or any other person indemnified hereunder. This indemnification obligation is not limited by, but is in addition to the insurance obligations, which may be contained in this contract. The provisions of this paragraph shall not be waived.
Termination of Contract
The Village reserves the right to terminate the whole or any part of this contract, upon written notice to the Contractor, in the event that sufficient funds to complete the contract are not appropriated by the Skokie Board of Trustees. The Village further reserves the right to terminate the whole or any part of this contract, upon written notice to the Contractor, in the event of default by the Contractor. Default is defined as failure of the Contractor to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event of default and termination, the Village may procure, upon such terms and in such manner, as the Purchasing Agent may deem appropriate, supplies or services similar to those so terminated. The Contractor shall be liable for any excess costs for such similar supplies or service unless acceptable evidence is submitted to the Purchasing Agent that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Contractor.
Regulatory Compliance
Seller represents and warrants that the goods and services furnished hereunder (including all labels, packages and container for said goods) comply with all applicable standards, rules and regulations as applicable including the Occupational Safety and Health Act as amended with respect to design, construction, manufacture or use for their intended purpose of said goods or services. Seller shall furnish "Material Safety Data Sheets" in compliance with the Illinois Toxic Substances Disclosure Act, and shall otherwise comply with the requirements of said act for materials and supplies covered by the act.
Special Handling
Prior to delivery of any material which is caustic, corrosive, flammable or dangerous to handle, the supplier will provide written directions as to methods of handling such products, as well as the antidote or neutralizing material required for its first aid before delivery.
Prevailing Wage
When specified herein, not less than the Prevailing Rate of Wages as found by the Village of Skokie or the Department of Labor or determined by the court on review shall be paid to all laborers, workmen and mechanics performing work under this contract. Prevailing Wage Information may be obtained on the Internet by accessing the
Illinois Department of Labor website. In such cases, the General Contractor shall provide written prevailing wage notification to each subcontractor, and shall post the prevailing wage rates at the job site(s).
Equal Employment Opportunity
Contractor shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., as amended, and any rules and regulations promulgated in accordance therewith, including, but not limited to the Equal Employment Opportunity Clause, Illinois Administrative Code, Title 44, Part 750 (Appendix A), which is incorporated herein by reference. Furthermore, the Contractor shall comply with the Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq., as amended. Additionally, the Contractor shall comply with the Village of Skokie Fair Employment Ordinance.