Title
Ordinance Amending Title 1, Chapters 16, Section 1-16-7 of the Orland Park Municipal Code, Incorporating Changes Pertaining to Responsible Bidder Ordinance (RBO)
History
The Village of Orland Park previously adopted on September 2, 2025, a Responsible Bidder Ordinance (RBO) to codify objective criteria ensuring that contractors performing public works projects meet established standards related to licensing, insurance, safety, training, and legal compliance. The purpose of the ordinance is to protect the Village’s interests by promoting quality workmanship, worker safety, fiscal responsibility, and compliance with applicable laws.
This proposed ordinance amendment further strengthens and clarifies the Village’s Responsible Bidder framework by formally establishing detailed Responsible Contractor Requirements applicable to public works contracts valued at $25,000 or more.
The amendment adds Section 1-16-7D to the Procurement Code to clearly define the documentation, certifications, and compliance obligations contractors must meet in order to be deemed responsible and eligible for award of a public works contract. These requirements provide transparency, consistency, and enforceability in the Village’s evaluation of contractor responsibility.
Summary of Key Provisions
The ordinance amendment requires contractors seeking award of a qualifying public works contract to submit sworn documentation demonstrating compliance with the following, among other requirements:
• Compliance with all applicable federal, state, and local laws, Village codes, and licensing requirements
• Registration with the Illinois Department of Revenue and provision of a valid FEIN or Social Security Number
• Compliance with Equal Opportunity Employer laws and federal executive orders
• Submission of certificates of insurance meeting Village-established coverage and limits
• Demonstrated compliance with the Illinois Prevailing Wage Act for the prior five years, including certified payrolls
• Participation in U.S. Department of Labor or Illinois-registered apprenticeship programs, including graduation benchmarks
• Compliance with the Illinois Human Rights Act and adoption of a Sexual Harassment Policy
• Furnishing of performance and payment bonds when required
• Submission of a Tax Clearance Certificate from the Illinois Department of Revenue
• Certification that the contractor is not barred from public contracting under Illinois law
• Demonstration of financial responsibility and capability to perform contractual obligations
The amendment further clarifies that:
• RBO applies to any vendor, services provider, contractor or other person (collectively "Bidder" and/or “Contractor”) seeking award of a public works contracts under Chapter 1-16-7 (Construction Bidding and Contracts) with a value of $25,000 or more;
• Contractors bear sole responsibility for submitting complete and accurate documentation in evidencing their “responsible” status;
• Incomplete or inadequate submissions may result in a determination of non-responsibility;
• Contractors have an ongoing obligation to report material changes affecting responsibility status within 14 days; and
• Contractors must self-perform at least 25% of the services identified in the public works contract
Waiver Authority
The amendment provides 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
This ordinance amendment enhances the Village’s procurement framework by strengthening contractor accountability, reducing risk, and ensuring that public funds are expended on qualified, responsible contractors. It aligns with best practices adopted by other Illinois municipalities and builds upon the Village’s existing Responsible Bidder policies.
Recommended Action/Motion
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.