(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. Purchases will be handled as follows:
(1) All purchases for One Hundred Dollars ($100.00) to Nine Hundred Ninety-Nine Dollars ($999.00) will require a purchase order and funding notation prior to making a purchase.
(2) All purchases for One Thousand Dollars ($1,000.00) to Nine Thousand Nine Hundred Ninety-Nine Dollars ($9,999.00) will require City Council approval and funding notation before a purchase order is issued, with exception of emergency situations. (Ord. No. 1158; 01-10-00)
(B) (1) Formal Contract Procedure for Purchasing. All purchases, orders or contracts for supplies, materials, equipment or contractual services except as otherwise provided herein, when the estimated expense thereof shall exceed Twenty Thousand Dollars ($20,000.00), shall be purchased from the lowest responsible bidder, after due notice inviting bids, unless competitive bidding is waived by a vote of two-thirds (2/3) of the Aldermen then holding office.
(2) Formal Contract Procedure for Construction. All work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, except as otherwise provided herein, when the estimated expense thereof will exceed Twenty-Five Thousand Dollars ($25,000.00), shall be constructed either: (1) by a contract let to the lowest responsible bidder after advertising for bids, in the manner prescribed by ordinance, except that any such contract may be entered into by the proper officers without advertising for bids, if authorized by a vote of two-thirds (2/3) of all the Aldermen then holding office; or (2) in the following manner, if authorized by a vote of two-thirds (2/3) of all the Aldermen then holding office, to-wit: the Director of Public Works or other proper officers to be designated by ordinance, shall superintend and cause to be carried out the construction of the work or other public improvement and shall employ exclusively for the performance of all manual labor thereon, laborers and artisans whom the municipality shall pay by the day or hour; and all material of the value of Twenty-Five Thousand Dollars ($25,000.00) and upward used in the construction of the work or other public improvement, shall be purchased by contract let to the lowest responsible bidder in the manner to be prescribed by ordinance.
(3) Federal Government Application. Nothing contained in this Section shall apply to any contract by the City with the federal government or any agency thereof.
(Ord. No. 1916; 12-11-17)
(C) Notice Inviting Bids. Notice inviting bids shall be published at least once in a newspaper with general circulation within the City. The City shall also advertise all pending work or purchases by posting a notice on the public bulletin board in the City 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 City Council, 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 City Council. A successful bidder shall forfeit any bid deposit required by the City Council upon failure on his part to enter into a contract within ten (10) days after the award.
(F) Bid Opening Procedure.
(1) Sealed. Bids shall be submitted sealed to the City 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 City Council or by a City employee, in which event, a tabulation of the bids shall be furnished to the City Council at its next regular meeting.
(G) Rejection of Bids. The City 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 City. The City shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the City.
(I) Award of Contract.
(1) Authority in City. The City Council shall have the authority to award contracts within the purview of this section.
(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 City to accept. In awarding the contract, in addition to price, the City Council 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;
(i) The number and scope of conditions attached to the bid.
(3) Performance Bonds. The City Council 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 City.
(J) 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 City without observing the bidding procedures prescribed by this section for the award of formal contracts.
(K) Emergency Purchases. In case of an apparent emergency which requires immediate work or purchase of supplies materials or services, the City Council 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.
(L) Cooperative Purchasing. The City shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the City would be served thereby.
(See 65 ILCS Sec. 5/2-2-12, 8-9-1 and 8-9-2)