§ 30.09  BIDDING AND CONTRACT PROCEDURES.
   (A)   Competitive bidding required. Any work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, and all purchases of and contracts for supplies, materials and services shall, except as specifically provided herein, be based whenever possible on competitive bids.
   (B)   Formal contract procedure. All work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, and all purchases, orders or contracts for supplies, materials, equipment or contractual services except as otherwise provided herein, when the estimated cost thereof shall exceed $25,000, shall be purchased from the lowest responsible bidder, after due notice inviting bids, unless competitive bidding is waived by a vote of two-thirds of the Trustees then holding office.
   (C)   Notice inviting bids. Notice inviting bids shall be published at least once in a newspaper with general circulation within the village. The village shall also advertise all pending work or purchases by posting a notice on the public bulletin board in the Village Hall.
   (D)   Scope of notice. The newspaper notice required herein shall include a general description of the work to be performed or the articles to be purchased, shall state where specifications may be secured, and the time and place for opening bids.
   (E)   Bid deposits. When deemed necessary by the Board of Trustees, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to the return of their bid deposits upon the award of the contract by the Board of Trustees. A successful bidder shall forfeit any bid deposit required by the Board of Trustees upon failure on his or her part to enter into a contract within ten days after the award.
   (F)   Bid opening procedure.
      (1)   Sealed. Bids shall be submitted sealed to the village and shall be identified as bids on the envelope.
      (2)   Opening. Bids shall be opened in public at the time and place stated in the public notice.
      (3)   Tabulation. A tabulation of all bids received shall be made by the Board of Trustees or by a village employee, in which event, a tabulation of the bids shall be furnished to the Board of Trustees at its next regular meeting.
   (G)   Rejection of bids. The village shall have the authority to reject all bids or parts of all bids when the public interest will be served thereby.
   (H)   Bidders in default to village. The village shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the village.
   (I)   Award of contract.
      (1)   Authority in village. The Board of Trustees shall have the authority to award contracts within the purview of this section. The contractor shall provide lien waivers for all aspects of the project.
      (2)   Lowest responsible bidder. Contracts shall be awarded to the lowest responsible bidder on the basis of the bid that is in the best interest of the village to accept. In awarding the contract, in addition to price, the Board of Trustees shall consider:
         (a)   The ability, capacity and skill of the bidder to perform the contract to provide the service required;
         (b)   Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
         (c)   The character, integrity, reputation, judgment, experience and efficiency of the bidder;
         (d)   The quality of the performance of previous contracts or services;
         (e)   The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
         (f)   The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
         (g)   The quality, availability and adaptability of the supplies or contractual services to the particular use required;
         (h)   The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and
         (i)   The number and scope of conditions attached to the bid.
      (3)   Performance bonds. The Board of Trustees shall have the authority to require a performance bond, before entering into a contract, in such amounts as it shall find reasonably necessary to protect the best interests of the village.
   (J)   Open market procedure. All work and purchases of supplies, materials and services of less than the estimated value of $25,000 may be made in the open market, without newspaper advertisement and without observing the procedure prescribed by this section for the award of formal contracts.
   (K)   Professional services exempt from bidding requirements. All contracts for professional services, including, but not limited to, attorneys, engineers, real estate appraisers and architects and any other profession whose ethical code involved prohibits or discourages involvement in normal bidding procedures, may be entered into by the village without observing the bidding procedures prescribed by this section for the award of formal contracts.
   (L)   Emergency purchases. In case of an apparent emergency which requires immediate work or purchase of supplies, materials or services, the Board of Trustees shall be empowered to secure by open market procedure as herein set forth, at the lowest obtainable price, any work, supplies, materials or services regardless of the amount of the expenditure.
   (M)   Cooperative purchasing. The village shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the village would be served thereby.
(1999 Code, § 1-2-26)  (Ord. 08/14/07-3, passed 8-14-2007; Ord. 2019-18, passed 11-12-2019)
Statutory reference:
   Related provisions, see 65 ILCS 5/2-2-12, 8-9-1 and 8-9-2