Title
Ordinance Amending Title 1, Chapter 16, Section 1-16-7 of the Orland Park Municipal Code Pertaining to the Responsible Bidder Ordinance (RBO)
History
On September 2, 2025, the Village of Orland Park adopted a Responsible Bidder Ordinance (RBO) establishing objective criteria for determining whether contractors performing public works projects valued at $25,000 or more meet the Village’s standards for responsibility. The ordinance includes requirements related to licensing, insurance, prevailing wage compliance, apprenticeship programs, safety, financial responsibility, and other applicable legal and regulatory requirements.
The RBO was subsequently amended on February 2, 2026, to further clarify its applicability and contractor responsibilities, including a requirement that contractors directly perform at least twenty-five percent (25%) of the services identified in the public works contract.
Based on the Village’s continued implementation and administration of the RBO, staff and legal counsel have identified an opportunity to allow an additional option for contractors to evidence compliance with the RBO while still maintaining the Village’s established responsible bidder standards.
Proposed Amendment
The proposed amendment provides contractors with two methods of satisfying the RBO requirements. A contractor must either:
1. Directly perform at least twenty-five percent (25%) of the services identified in the public works contract; or
2. (NEW) Demonstrate that each subcontractor, of whatsoever tier, performing construction work on the project complies with all applicable requirements of this Section. The Contractor shall submit a complete list of all subcontractors prior to commencing work, review and verify each subcontractor's compliance, and certify such compliance to the Village. The Contractor shall remain responsible for ensuring continued compliance by all subcontractors throughout the duration of the project. The Village may rely upon the Contractor's certification but retains the right to independently review any contractor or subcontractor, reject or disqualify any noncompliant contractor or subcontractor, require replacement of any noncompliant contractor or subcontractor, and approve any addition, substitution, or replacement of a construction subcontractor. No subcontractor may perform work on the project without Village approval.
Waiver Authority
The amendment continues to provide flexibility by allowing the Board of Trustees, by majority vote, to waive certain prevailing wage compliance provisions where appropriate. Such a waiver may only be granted if the contractor otherwise meets the responsibility requirements and the award is determined to be most advantageous to, or in the best interest of, the Village, based on the evaluation criteria established in the solicitation.
Impact
The proposed amendment provides greater flexibility in the administration of the RBO while maintaining the Village’s responsible bidder standards. Contractors may satisfy the ordinance by either meeting the established self-performance requirement or ensuring that construction subcontractors performing work on the project satisfy the applicable RBO requirements.
This option addresses situations where a general contractor seeks award of the work but does not self-perform the work itself, while the subcontractors actually performing the work are RBO compliant. The amendment preserves RBO compliance and accountability for the contractor, or the subcontractors as applicable, while broadening the available method of compliance.
Recommended Action/Motion
I move to adopt the Ordinance as presented.
(Full motion not necessary to be read)
I move to adopt an Ordinance entitled: ORDINANCE AMENDING TITLE 1 (ADMINISTRATION) CHAPTER 16 (PROCUREMENT) SECTION 1-16-7 (CONSTRUCTION BIDDING AND CONTRACTS) ESTABLISHING CRITERIA FOR THE DETERMINATION OF A RESPONSIBLE BIDDER FOR VILLAGE CONSTRUCTION PROJECTS.