(A) Competitive bidding. Any work or public improvement that is not to be paid for, in whole or in part, by special assessment or special taxation, when the expense thereof will exceed $25,000, shall be constructed by a contract let to the lowest responsible bidder after due notice inviting bids, unless competitive bidding is waived by a vote of two-thirds of the Aldermen then holding office.
(B) Reserved.
(C) Notice inviting bids. Notice inviting bids shall be published at least once in a newspaper with general circulation within the city.
(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 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 the following in determining who is a responsible bidder:
(a) The ability, capacity and skill of the bidder to perform the contract to provide the service required. All bidders must provide projects of a similar nature as being performed in the immediate past five years, with the name, address, and telephone number of the contact person having knowledge of the project;
(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. All bidders must provide three references (name, address and telephone number) with knowledge of the integrity and business practices of the contractor;
(d) The quality of the performance of previous contracts or services for the City of Waterloo and other customers;
(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, and all applicable laws prerequisite to doing business in Illinois, including notices of noncompliance;
(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;
(j) Compliance with all provisions of the Illinois Prevailing Wage Act, including wages, medical and hospitalization insurance, and retirement for those trades as covered in the Act;
(k) Participation of the bidder and all of bidder's subcontractors in active apprenticeship and training programs approved and registered with the United States Department of Labor’s Bureau of Apprenticeship and Training for each of the trades of work contemplated under the awarded contract;
(l) Evidence of compliance with:
1. Federal Employer Tax Number or Social Security Number (for individuals);
2. Provisions of Section 2000(e) of Chapter 21, Title 42 of the United States Code and Federal Executive Order No. 11246, as amended by Executive Order No.11375 (known as the equal opportunity employer provisions); and
(m) Certificates of insurance indicating the following coverages: general liability, workers' compensation, completed operations, automobile, hazardous occupation, and product liability.
(3) Employee Classification Act. All contractors and sub-contractors are required to turn in certified payrolls as specified in Illinois Public Act 94-0515, and follow all provisions of the Employee Classification Act, ILCS Ch. 820, Act 185, §§ 1 et seq.
(4) 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) Open market procedure. All work and purchases of supplies, materials and services of less than the estimated value of $20,000 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.
(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 city without observing the bidding procedures prescribed by this section for the award of formal contracts.
(L) Emergency purchases. In case of an apparent emergency that requires immediate work or purchase of supplies, materials or services, the Mayor and/or Director of Public Works 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 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.
(N) Emergency contracts. In case of an emergency affecting the public health and safety, the Mayor and/or Director of Public Works shall authorize a vendor to perform any and all work necessary to resolve such emergency without public advertisement or formal bid.
(1993 Code, § 1-2-29) (Ord. 591, passed 6-20-1977; Am. Ord. 1445, passed 8-6-2007; Am. Ord. 1557, passed 8-2-2010; Am. Ord. 1744, passed 1-2-2018)
Statutory reference:
See similar provisions, ILCS Ch. 65, Act 5, § 2-2-12; ILCS Ch. 65, Act 5, § 8-9-1; ILCS Ch. 65, Act 5, § 8-9-2