A. Completeness of Bids. The Bid will include all matters required by the Bid information. All appropriate blanks in the Bid form must be completed by the bidder.
B. Reference Specifications. Any Specifications or standards adopted by business, industry, not-for-profit organization, or governmental unit may be incorporated by reference.
C. Brand Name or Equal. Specifications may refer to one or more brand name products followed by the words "or equal." "Or equal" submissions will not be rejected because of minor differences in design, Construction, or features which do not affect the suitability of the product for its intended use. The burden of proof that the product is equal for the intended use is on the bidder.
D. Items Must be New and Current. Unless otherwise specified, the items offered must all be new and the latest model, crop or manufacture.
E. Bids on Alternate Items. When any bidder offers an alternate item for consideration, the bidder will give complete Specifications, name the brand and demonstrate that the alternate item is equal. The County reserves the right to reject any alternate item which it determines is not equally suitable for the specified purpose. The burden of proof is on the bidder.
F. Unit and Total Prices. The price for the units specified in the Bid shall be clearly shown for each individual item. Only one unit price shall be quoted for each item. The total price for the quantity requested must also be shown.
G. Period of Firm Bid. Unless otherwise provided in Bid information, the bid price must be valid for ninety (90) days after the Bid opening date. Bidders may specify a bid price may be valid longer than required by the Bid information or this rule. Any bidder who does not specify an expiration date for their bid price will be held to the ninety (90) day rule in this section.
H. Maintenance and Repair Service. If the Bid information specified that maintenance or repair Service must be provided by the successful bidder, each bidder will specify in the Bid whether the Service will be by the bidder or through an arrangement with another identified Person or firm.
I. Taxes, Licenses, Assessments, and Royalties.
1. the Contractor shall pay all current and applicable city, county, state and federal taxes, licenses or assessments, including federal excise taxes, due on the performance of the Contract, including, without thereby limiting the foregoing, those required by the Federal Insurance Contribution Act and the Federal and State Unemployment Tax Acts, together with all royalties due for any proprietary items. The Contractor is exclusively liable for the payment of the taxes to the respective governments. In the event said taxes, licenses, assessments or royalties, or any part thereof in the first instance charged to the County, the Contractor shall, upon timely demand of the County, pay the County thereof, plus all penalties which may have accrued thereon.
2. the County is exempt from Illinois Sales Taxes.
J. Federal Excise Tax. Bidders must not include in their prices any allowance for payment of federal excise tax if the County is exempt from such taxes. If an order or Contract is awarded for the purchase of an item that is subject to federal excise tax, the purchasing official will furnish the vendor with an exemption certificate upon request.
K. State and Federal Laws and County Rules. All Bids and Contracts are subject to this Part and to applicable federal laws and those of the State of Illinois including, but not limited to, conflict of interest statutes, nondiscriminatory employment statutes and equal employment opportunity laws. A certification is required in certain instances, and the form of this certification may be provided in the Bid form.
L. Prevailing Wage. The State of Illinois requires under Public Works Contracts that the general prevailing rate of wages in this locality be paid for each craft or type of worker hereunder. This requirement is in accordance with The Prevailing Wage Act, 820 ILCS 130/0.01 et seq., as amended. This shall include payment of the general prevailing rate for legal holiday and overtime work. It shall be mandatory upon the subcontractor under the Contractor. A current prevailing wage rate sheet is posted by the State of Illinois at https://www2. illinois.gov/idol/Laws-Rules/CONMED/Pages/R ates.aspx
It shall also be mandatory upon the Contractor to whom the Contract is awarded to insert into each subcontract and into the project Specifications for each subcontract a written stipulation to the effect that not less than the prevailing rate of wages shall be paid to all laborers, workers, and mechanics performing work under the Contract. It shall also be mandatory upon each subcontractor to cause to be inserted into each lower tiered subcontract and into the project Specifications for each lower tiered subcontract a stipulation to the effect that not less than the prevailing rate of wages shall be paid to all laborers, workers, and mechanics performing work under the Contract. A Contractor or subcontractor who fails to comply is in violation of the Act.
M. Reporting Requirement. The Contractor and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the public body in charge of the project. The certified payroll shall consist of a complete copy of the records. The certified payroll shall be accompanied by a statement signed by the Contractor or subcontractor which avers that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required; and (iii) the Contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. If the duration of the Public Works project is less than one (1) month, the Contractor and each subcontractor shall comply with the provisions of this section upon completion of the project.
N. Safety Plan. The Contractor shall have in force a safety plan that meets the requirements set forth in the Safety and Health Management Guidelines promulgated by the United States Occupational Health and Safety Administration, 54 Fed. Reg. 3904-3916 (Jan. 26, 1989), or such other safety plan as may be deemed acceptable by the County.
(Ord. 7741, passed 7-16-2019)