§ 36.42 RESPONSIBLE BIDDER PROCESS.
   (A)   The Village Manager shall prescribe the requirements to be met where free and open competitive bidding is utilized. The Village Manager shall also prescribe the procedures by which the bids shall be received, the time limit upon receiving such bids, and the procedure by which the bids shall be opened, accepted, examined and recommendations made to the Board of Trustees for acceptance or rejection, as the case may be. All purchases with or without bid must conform to ILCS Ch. 720, Act 5. All bids and quotations shall provide the following information:
      (1)   Description;
      (2)   Quantity;
      (3)   Price;
      (4)   Delivery time;
      (5)   Shipping charges;
      (6)   Quantity and payment discounts.
   (B)   Security deposits for bids. On all contracts and purchasing processes where bidding procedures are utilized, if security deposits/bid bond are required of the bidders, the following security deposit requirements shall be met:
      (1)   On all purchases which are below $20,000, a security deposit of $500 is required.
      (2)   On purchases between $20,000 - $30,000, a security deposit of $1,000 is required.
      (3)   On purchases between $30,000 - $40,000, a security deposit of $ 1,500 is required.
      (4)   On purchases and contracts over $40,000, a security deposit of 5% of the bid is required.
      (5)   Security deposits shall be in the form of a cashiers or certified check or bid bond.
      (6)   The security deposit may be waived with the Village Manager's approval.
   (C)   Purchases subject to bidding process.
      (1)   All purchase orders or contracts of whatever nature, for labor, services or work, the purchase, lease or sale of personal property, materials, equipment or supplies involving amounts in excess of $20,000 made by or on behalf of the village, shall be let free and competitive bidding after advertisement, to the lowest responsible bidder. All bidding shall be in conformance with ILCS Ch. 720, Act 5. The Village Manager shall recommend the acceptance or rejection of bids for their approval to the Board of Trustees.
      (2)   A responsible bidder shall meet and submit evidence of compliance with the following:
         (a)   All applicable laws prerequisite to doing business in the State of Illinois, including all laws requiring certifications of bidders as to statutorily required matters;
         (b)   A federal employer tax identification number or social security number;
         (c)   Certificates of insurance indicating the following coverages: general liability, worker's compensation, completed operations, automobile, hazardous occupation and product liability, in such limits and on such a basis as may be required from time to time by the Village Manager;
         (d)   Compliance with all provisions of the Illinois Prevailing Wage Act, including wages, medical and hospitalization insurance and retirement for those trades covered in the Act;
         (e)   All contractors and subcontractors are required to file certified payrolls as specified in Illinois Pubic Act 94-0515, and follow all provisions of the Employee Classification Act (ILCS Ch. 820, Act 185, §§ 1 et seq.); and
         (f)   All bidders must provide three projects of a similar nature constructed, completed or performed in the immediate past five years with the name, address and telephone number of the contact person having knowledge of the project along with three references (name, address and telephone number) with knowledge of the integrity and business practices of the bidder.
      (3)   Local preference policy. The village recognizes that local businesses share income with the community. Therefore, the village seeks to provide recognition by establishing a policy to give local businesses some preference when purchasing goods and services.
         (a)   In the process of reviewing bids, the village can allow a 5% bidding preference up to a maximum of $50,000 (whichever is lower) to a local vendor.
         (b)   The preferential discount will be applied to the low bid of all local bidders when determining lowest responsible bid.
         (c)   Any preference of local business may not result in unreasonable costs to the community or taxpayers nor should it restrict the village from rejecting inferior products or services.
         (d)   The policy does not apply in situations where external funding sources do not permit local preference purchasing.
         (e)   The village reserves the right to waive this policy when deemed appropriate.
         (f)   A local vendor means any business that has established and maintained a physical presence within the village boundaries via the ownership or lease of a building for a period of not less than 12 consecutive months and employees a minimum of two full-time employees and is legally authorized to conduct business within the State of Illinois.
      (4)   Change orders. Change orders on construction projects that either change the scope of the project or exceed 5% of the project must be presented to the Village Board for approval prior to commencing work pursuant thereto.
   (D)   Exemptions from bidding. The following purchases are exempt from the requirements detailed in division (C) of this section:
      (1)   Purchase orders or contracts, for either labor, materials or both, which by their nature are not adaptable to award by competitive bidding, such as but not limited to, contracts for the services of individuals possessing a high degree of professional skill where the ability or fitness of the individual plays an important part, contracts for supplies, materials, parts or equipment which are available only from a single source, and contracts for the printing of the financial reports.
      (2)   All purchase orders or contracts of whatever nature for labor services or work, the purchase, lease or sale of personal property, materials, equipment or supplies, wherein the price to be paid by the village is equal to or less than a price established by open and competitive bidding through either an agency of the federal government or an agency of the state, within one year immediately preceding the letting of the proposed contract by the village.
      (3)   When two-thirds of the Village Trustees elect to waive the requirements to go to bid for a contract or purchase otherwise required as detailed in division (C) of this section.
(Ord. 07-0530, passed 5-2-07; Am. Ord. 21-1706, passed 5-19-21)