[1943 Code, § 210.03]
Whenever any public work or improvement shall be ordered by the President and Board of Trustees, and before the letting of any contract therefor by the Village, the probable cost of such work shall first be ascertained by a person qualified as a municipal engineer or architect as the case may be.
[Ord. 11-4-1985, § 1; Ord., 2-1-1988, § 1; Ord. 89-20, 8-7-1989, § 1; Ord. 97-32, 10-6-1997, § 1; Ord. 2007-04, 4-2-2007, § 1]
The following procedures shall be followed for all expenditures and purchases made by or on behalf of the Village and for all public improvements:
(a) 
Purchases or leasing of personal property, materials, equipment or supplies not exceeding $25,000 shall be made as provided in Subsections (b) and (c) of this section unless exempted by a 2/3 vote of all Trustees then holding office.
(b) 
Purchases or expenditures of $1,500 or less may be made by department heads without prior approval.
(c) 
Purchases or expenditures for more than $1,500 but not exceeding $25,000 shall require a purchase order and prior approval from the Finance Director or the Village Manager. Purchases which are anticipated to be between $5,000 and $25,000 shall be accompanied by a minimum of two written estimates from vendors.
(d) 
Purchases or expenditures greater than $25,000 are to be made with the prior approval of the Village board and accomplished by the issuance of a purchase order, provided that the purchase or expenditure is made utilizing the procedures of the Illinois purchasing act, or from a vendor product list previously approved by the corporate authorities. In the event the purchase or expenditure is not made utilizing the procedures of the Illinois purchasing act or from a previously approved vendor product list, then all contracts for the purchase or lease of personal property, materials, equipment or supplies, when the expense thereof shall exceed $25,000 and all contracts for the making of public improvements in the Village, which contracts exceed the sum established from time to time by Section 8-9-1 of the Illinois Municipal Code[1], shall be let to the lowest responsible bidder therefor, in the manner prescribed in this article, except that any such contract may be entered into without advertising for bids, if authorized by a vote of 2/3 of all Trustees then holding office. Contracts for public improvements which do not exceed the limit set forth in Section 8-9-1 of the Illinois municipal code may be entered into by the Village Manager.
[1]
Editor's Note: See 65 ILCS 5/8-9-1.
(e) 
The procedures outlined in Subsections (a) through (d) of this section, inclusive, do not apply to contracts which, regardless of their amount, by their nature, are not adapted to award by bidding, such as 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, or contracts for supplies, materials, parts or equipment which are available only from a single source, or contracts for utility services such as water, light, heat, telephone or telegraph. It is further provided, in emergency situations where the health and safety of employees or residents or other persons are at risk, as determined by the department head, and it is not practical to await prior approval of either the Finance Director, the Village Manager or the Village President, the department head is authorized to make an expenditure, and shall issue forthwith a written report of such expenditure to be acted upon by the corporate authorities at the next scheduled meeting of the Village board.
[1943 Code, § 210.05; Ord. 97-32, 10-6-1997, § 2; Ord. 2007-04, 4-2-2007, § 2]
It shall be the duty of the Village Clerk to advertise in the official newspaper for competitive bids for the furnishing of materials for public work according to the plans and specifications prepared. Such advertisement shall be published at least once in a secular newspaper of general circulation not less than 21 days before the day fixed for the opening of such bids.
[1943 Code, § 210.06; Ord., 11-7-1988, § 1]
All bids for any improvement shall be signed by the bidder, enclosed in a sealed envelope and directed to the Village Clerk.
All bids shall be opened by the Village Clerk or his designee and the Village Manager or his designee at a public bid opening to be held at a time to be stated in the bid specifications which is immediately prior to a regular board meeting or a special board meeting which has been called for the purpose of reviewing bids. An oral report of all bids received shall be made by the Village Clerk during the regular or special board meeting next following the public bid opening.
The bids shall be subject to final approval by the President and Board of Trustees at the regular meeting or special meeting of the Village board next following the meeting at which such oral report was given.
[1943 Code, § 210.06]
Each bid for improvements shall be accompanied by a bond or certified check, in an amount named in such advertisement. In case a bond is submitted, such bond must be signed by surety to be approved by the President and the chairman of the finance committee, conditioned that in case the contract is awarded to such bidder, he will enter into bond to be approved by the President and Board of Trustees as herein required, to perform the same according to the terms of his bid.
[1943 Code, § 210.07]
The performance of the contract for improvements shall be secured by a good and sufficient bond, to be approved by the President and Board of Trustees, conditioned among other things for the faithful execution of the terms of such contract, which terms shall be substantially set forth in such bond. If a bidder shall fail to enter promptly into a contract and give bond as required in Section 2-116 of this article, the contract for such work may be awarded to the next lowest and most responsible bidder; or if it shall be deemed best to the interests of the Village not to accept any of the bids made, such bids may be rejected and the clerk shall thereupon readvertise for new bids.
[1943 Code, § 210.08]
Any bidder who shall fail to enter into any contract awarded, or shall fail to fulfill any contract entered into by him with the Village, shall not again be accepted as a bidder for any Village work unless the Board of Trustees shall for good cause shown permit him to do so. No member of the Board of Trustees or any other Village officer shall be interested directly or indirectly in any contract for Village work or become surety for any contractor or other person upon any bond posted as security for the performance of any contract with the Village.
[Ord. 1943, § 210.09]
All contracts regulated by this article shall be executed in duplicate, the original copy of which shall be filed and kept in the office of the Village Clerk, who shall furnish copies thereof whenever required, and the other shall be given to the contractor.
[1943 Code, § 210.10]
Each contract regulated by this article shall contain a clause to the effect that it is made subject to the provisions of this Code and other ordinances of the Village, and to the powers of the President and Board of Trustees to suspend or to annul the contract 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 the right to all damages claimable on account of the nonperformance of such contract according to the terms thereof.
[1943 Code, § 210.11; Ord. 97-35, 10-20-1997, § 1]
Upon the completion of any contract regulated by this article and the filing in the office of the Village Clerk of the certificate of the officer under whose supervision the work was done, stating that he has inspected such work and that same was done according to contract and specifications, and on approval thereof by the President and Board of Trustees, the clerk and the President shall issue their warrant on the Finance Director for the amount due such contractor or contractors; and they may, when so stipulated in the contract or with the consent of the President and Board of Trustees, from time to time during the prosecution of the work, upon the filing of the certificate of the proper officer stating that he has examined or computed or measured such work and that he finds that there is a sufficient amount completed to cover the estimate, all done according to contract, and on the acceptance and approval as aforesaid, advance to the contractor, and draw their warrant upon the Finance Director for such advance, to reserve in all cases at least 15% of the estimate, to be paid upon the completion of the contract; provided, however, that this section shall not affect any contract originating in the board of local improvements.
[1943 Code, § 210.12]
No payment shall be made upon any work not specified in a contract for improvements unless such work shall have been done by special order of the President and Board of Trustees. No officer of the Village, nor any special superintendent employed thereby, shall certify the account of any contractor who has failed to comply with the terms of his contract, nor in any case in advance of the progress of the work, and if he shall do so he shall be liable to the Village for any loss that may arise therefrom.