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(A) Authority in village. The Board of Trustees shall have the authority to award contracts within the purview of this section.
(B) Lowest responsible bidder. Contracts shall be awarded to the lowest responsible bidder on the basis of the bid that is in the best interests of the village to accept. In awarding the contract, in addition to price, the Board of Trustees shall consider:
(1) The ability, capacity and skill of the bidder to perform the contract to provide the service required;
(2) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(3) The character, integrity, reputation, judgement, experience and efficiency of the bidder;
(4) The quality of the performance of previous contracts or services;
(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
(6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
(7) The quality, availability and adaptability of the supplies or contractual services to the particular use required;
(8) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and
(9) The number and scope of conditions attached to the bid.
(C) 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.
(Prior Code, § 33.014) (Ord. 88-007, passed 7-5-1988)
A successful bidder who shall fail to enter into a contract within ten days after the award or who shall fail to fulfill any contract shall forfeit any required bid deposits and shall not be permitted to bid again for any village work, unless the Board of Trustees shall, for good cause shown, remove such disability. Such forfeiture and disability shall be in addition to any other remedies available to the village.
(Prior Code, § 33.015) (Ord. 88-007, passed 7-5-1988)
All such contracts and bonds shall run to and be in the name of the village, and shall be drawn by or approved by the Village Attorney and before the same shall be in force, shall be signed by the President and countersigned, and the corporate seal of the village shall be affixed by the Village Clerk. Such contracts shall be executed in duplicate, one original copy of which shall be given to the contractor, and the other filed and kept in the office of the Village Clerk, who shall furnish copies thereof when required.
(Prior Code, § 33.016) (Ord. 88-007, passed 7-5-1988)
(A) All contracts.
(1) Each contract shall contain a clause, in substance to the effect that it is made subject to the ordinances of the village and to the power of the President, Village Engineer or other proper village officer to suspend the work, for a failure on the part of the contractor to execute the same according to the terms thereof, but that such suspension shall not affect any other of the remedies available for non-performance of the contract.
(2) Each contract shall contain a clause, in substance, to the effect that no liability shall attach to the village for any damages resulting from any work or public improvement or from the negligence of the contractor, his or her agents, employees or workers.
(3) Each contract shall contain a clause, in substance to the effect that the contractor shall be liable for any damages resulting from any work or public improvement or from the carelessness of the contractor, his or her agents, employees or workers.
(B) Contractors’ obligations. All contracts for any work or improvement which requires the digging up, use of occupancy of any street, alley, highway or public ground of the village, shall contain a clause, in substance to the effect requiring the contractor, during the nighttime, to install and maintain such barriers and lights as will effectually permit the occurrence of an accident in consequence of such digging up, use or occupancy.
(C) Contracts paid from special taxes or assessments. All contracts in which the contractor agrees to be paid from special taxes or special assessments shall contain a clause, in substance to the effect that the contractor shall have no claim or lien upon the village, in any event, except from the collection of the special taxes or assessments levied for the work contracted, and that no liability shall attach to the village by reason of entering into any such contract, except for the payment to such contractor of such specified moneys received by the village.
(D) Surplus materials. All contracts for the street and alley improvements shall contain a clause, in substance to the effect that the village shall reserve the disposition of all surplus earth removed in excavations on such streets or alleys, and that no contractor or subcontractor shall in any manner sell or dispose of any such surplus earth.
(Prior Code, § 33.017) (Ord. 88-007, passed 7-5-1988)
All work and purchases of supplies, materials and services of less than the estimated value of $5,000 shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by this section for the award of formal contracts.
(Prior Code, § 33.018) (Ord. 88-007, passed 7-5-1988)
All contracts for professional services including, but not limited to, lawyers, engineers, real estate appraisers and architects and any other profession whose ethical code involved prohibits and 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.
(Prior Code, § 33.019) (Ord. 88-007, passed 7-5-1988)
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