All bids shall be solicited, opened, and awards made thereon as follows.
(A) Solicitation of bids. Bids shall be solicited by a notice inviting bids, published in a newspaper having general circulation within the corporate limits of the city at least once, with the publication being at least 15 days prior to the time for bid opening.
(B) Contents of notice. The notice inviting bids shall include a general description of the supplies or services to be purchased or contracted for, shall state where bid forms and specifications may be secured, and shall specify the time and place for the receipt and opening of bids.
(C) Minimum number of bids. Whenever possible at least 2 bids shall be obtained.
(D) Form of bids. All bids shall be in writing, and shall be in strict compliance with the bidding procedure which is hereinafter enumerated. All bidders shall be allowed listings of the bidding procedure in the form of instructions, which instructions shall be as follows.
(1) All items contained in the instructions to bidders are applicable to this call for bids.
(2) No bid may be withdrawn after the scheduled closing time for receipt of bids for at least 30 days.
(3) The envelope containing bid shall be marked plainly “sealed bid,” with material or service description, bid call number, date and time of closing written thereon. All bid proposals must be signed with the firm name and by an authorized officer or employee of the company.
(4) Unless otherwise stated in this call for bids, each bidder must submit with his or her bid either a certified check on any bank, a cashier’s check on a bank doing business in the city, or a combination bid and supply bond acceptable to the city in the amount of 10% of the total base bid, payable to the city, as a guarantee that the successful bidder will supply material and services as specified.
(5) The city reserves the right to require the successful bidder to furnish a performance bond. When required, the bond shall be furnished within 72 hours after notification of award in an amount not to exceed 100% of the total bid price.
(6) All bids must include all taxes that are applicable to the city. The city and state sales tax and federal excise taxes are not applicable to sales made to the city and must be excluded. The City Clerk, upon request, will execute the exemption certificates in connection with all orders when federal excise tax would otherwise be due.
(7) Bid price to be F.O.B. Paris, Illinois, with delivery to city using point within the area unless otherwise stated in this call for bids. Prices shall be stated in units and quotation made on each item separately. In case of conflict, unit price shall govern.
(8) All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed adjacent and must be initialed in ink by person signing proposal. The proposal must be signed by an authorized officer or individual.
(9) The brand name or manufacturer of each item proposed must be clearly stated. Guarantee and warranty information must be included with this bid.
(10) The parts and materials must be of current date (latest model) and meet specifications. This provision excludes surplus, remanufactured, and used products except as alternate bid.
(11) Bids will be considered on equipment or material complying substantially with specifications provided each deviation is stated and the substitution is described, including technical data when applicable, in a letter attached to bid.
(a) The city reserves the right to determine as to whether substitutions or deviations are within the intent of the specifications and will reasonably meet the service requirements of the using department.
(b) In addition to price and applicability, consideration for award may be given to engineering design which adds safety, convenience, or adaptability for the use intended. A brand name which may be mentioned in specifications does not indicate a preference and is used only as a reference to the type and quality of materials or equipment desired.
(12) Time of delivery is a part of the consideration and must be stated in definite terms as this may be a factor in making the award. If time varies on different items, the bidder shall so state.
(13) Items of foreign origin must be so indicated. Signature to the bid proposal will be taken as certification that all manufactured articles, materials and supplies not otherwise indicated, have been made or produced in this country or its insular possessions.
(14) Unless otherwise specified, materials and equipment purchased will be inspected by the receiving activity as to meeting the quality requirements of the call for bids. When deemed necessary, samples of supplies or materials will be taken at random from stock received for submission to a commercial laboratory, or other appropriate inspection agency, for analysis and test as to whether the material conforms in all respects to the specifications. In cases where the commercial laboratory report indicates that the material does not meet the specifications, the expense of analysis is to be borne by the successful vendor and the order or balance thereof may be cancelled by the city.
(15) Bidders must be sure to specify any terms which they wish to offer in the space provided. Cash discounts will be deducted from the base bid in determining the low bidder, except that cash discounts based on payment in less than 10 days will not be considered. A percentage cash discount will be deducted from all invoices (excluding labor) by the city when paid within 21 days following receipt of proper bill and delivery of material, unless otherwise specified by the bidder in his or her bid proposal.
(16) In case of default by the vendor, the city may procure the articles or services from other sources and may deduct from unpaid balance due the vendor, or may collect against the bond or surety for excess costs so paid, and the prices paid by the city shall be considered the prevailing market price at the time that purchase is made.
(17) The vendor shall hold the city, its officers, agents, and employees, harmless from liability of any nature or kind on account of use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance furnished or used under this bid call.
(18) The successful bidder is specifically denied the right of using in any form or medium the name of the city for public advertising unless express permission is granted by the city.
(19) The city reserves the right to reject any or all bids, or any part thereof, or to accept any bid or any part thereof, to waive any informalities in any bid, deemed to be for the best interest of the city.
(E) Bid opening. Bids shall be opened by the City Clerk or his or her representative at the time and in the place designated in the notice inviting bids.
(F) Awards; rejection. Awards shall be made by the City Council to the lowest responsible bidder. However, the City Council may reject any and all bids received. If all bids are rejected, the City Council may resolicit new bids, or may determine that the work or service may be performed more economically or more satisfactorily by the city with its own employees, or that the supplies may be purchased at a lower price or more advantageously in the open market, and may proceed without further observance of the provisions of this subchapter.
(G) No bids. If no bids are received, the City Council may proceed without further competitive bidding.
(1969 Code, § 2-302) (Ord. 1975-2, passed 4-14-1975; Am. Ord. 1979-30, passed 9-24-1979; Am. Ord. 2018-15, passed 10-9-2018)