G-246 - 06/12/1979 - CONTRACT - Ordinances ORDINANCE NO. G-246
AN ORDINANCE AMENDING ARTICLES III AND V OF CHAPTER 2 OF THE
CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS AND
PROVIDING PROCEDURES FOR BIDDING AND AWARDING OF CONTRACTS
WHEREAS, Division 9 of Article 8 of the Illinois Munic-
ipal Code, Chapter 24 , Illinois Revised Statutes, provides that munic-
ipalities may by ordinance prescribe procedures for the bidding and
awarding of contracts for any work, supplies or materials ;
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES,
ILLINOIS as follows :
Section 1: That Article III of Chapter 2 of the Code
of Ordinances of the Village of Oak Brook, Illinois be and is hereby
amended by amending Section 2-53 thereof to read as follows:
Section 2-53. Purchase Authority.
(a) All purchase orders and contracts for supplies ,
materials or equipment , or for contractual services , including print-
ing and publication, and all work or other public improvement con-
tracts involving the expenditure of not more than two thousand dollars
($2 ,000 .00) shall be authorized by the manager.
(b) All purchases, orders or contracts for supplies ,
materials , equipment or contractual services, and all work or other
public improvement contracts which are not to be paid by special
assessment or special taxation, involving the expenditure of more
than two thousand dollars ($2 ,000 .00) shall be let or awarded in
the manner provided in Section 2-182 of this Code
Section 2 : That Article V of Chapter 2 of the Code of
Ordinances of the Village of Oak Brook, Illinois be and is hereby amended
by adding thereto Section 2-182 , entitled "Bidding and Contract Procedures" ,
which section shall read as follows
Section 2-182 . 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 spe-
cifically 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 two thousand dollars ($2 ,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 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 .
Ordinance Number G-246
Procedures for Bi icing
Page two
(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 return of
their bid deposits upon the award of the contract by the Board of Trus-
tees . A successful bidder shall forfeit any bid deposit required by
the Board of Trustees 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 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 pub-
lic 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 Trus-
tees 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 e ault 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 Ordinance.
(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 award-
ing the contract , in addition to price, the
. Board of Trustees shall consider:
(i) The ability, capacity and skill
of the bidder to perform the con-
tract to provide the service re-
quired;
(ii) Whether the bidder can perform
the contract or provide the ser-
vice promptly, or within the time
specified, without delay or inter-
ference;
(iii) The character, integrity, reputa-
tion, judgment, experience and
efficiency of the bidder;
(iv) The quality of the performance of
previous contracts or services ;
Ordinance Number G-246
,Procedures for Bidding
Page three
(v) The previous and existing compli-
ance by the bidder with laws and
ordinances relating to the contract
or service;
(vi) The sufficiency of the financial re-
sources and ability of the bidder to
perform the contract or provide the
service;
(vii) The quality, availability, and adapt-
ability of the supplies or contractual
services to the particular use required;
(viii) The ability of the bidder to provide
future maintenance and service for
the use of the subject of the contract;
(ix) The number and scope of conditions
attached to the bid.
(3) Performance Bonds . The Board of Trustees
shall have the authority to require a per-
formance bond, before entering into a con-
tract, in such amounts as it shall find rea-
sonably necessary to protect the best in-
terests of the Village .
(j) Open Market Procedure . All work and purchases of
supplies , materials and services of less than the estimated value of
two thousand dollars ($2,000 .00) 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 Re-
quirements . 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 pro-
= hibits or discourages involvement in normal bidding procedures, may
be entered into by the Village without observing the bidding pro-
cedures prescribed by this Section for the award of formal contracts
(1) Emergency Purchases . In case of an apparent
emergency which requires immediate work or purchase of supplies , ma-
terials 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 regard-
less 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.
Section 3: This Ordinance shall be in full force and
effect from and after its passage and approval as provided by law.
Passed this 12th day of June 1979 .
Ayes Trustees Brown, Congreve, Marquardt, Philip and Reynolds.
Nays : None
Absent . None
Approved this 12th day of June
Ordinance Number G- 246
Procedures for Bidding
g
Pag� four
Village President
ATTEST :
1
Vill ge Clerk
Approved as to Form:
Villag4 Attorney
Not Published XXXXX
Published
Date Paper