HB1602 EngrossedLRB103 03462 AWJ 48468 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sanitary District Act of 1917 is amended by
5changing Section 11 as follows:
 
6    (70 ILCS 2405/11)  (from Ch. 42, par. 310)
7    Sec. 11. Except as otherwise hereinafter provided, all
8contracts for purchases or sales by a sanitary district
9organized under this Act, the expense of which will exceed the
10mandatory competitive bid threshold, shall be let to the
11lowest responsible bidder therefor upon not less than 14 days'
12public notice of the terms and conditions upon which the
13contract is to be let, having been given by publication in a
14newspaper of general circulation published in the district,
15and the board may reject any and all bids, and readvertise. In
16determining the lowest responsible bidder, the board shall
17take into consideration the qualities and serviceability of
18the articles supplied, their conformity with specifications,
19their suitability to the requirements of the district, the
20availability of support services, the uniqueness of the
21service, materials, equipment, or supplies as it applies to
22network integrated computer systems, the compatibility of the
23service, materials, equipment or supplies with existing

 

 

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1equipment, and the delivery terms. Contracts for services in
2excess of the mandatory competitive bid threshold may, subject
3to the provisions of this Section, be let by competitive
4bidding at the discretion of the district board of trustees.
5    Cash, a cashier's check, a certified check, or a bid bond
6with adequate surety approved by the board of trustees as a
7deposit of good faith, in a reasonable amount, but not in
8excess of 10% of the contract amount, may be required of each
9bidder by the district on all bids involving amounts in excess
10of the mandatory competitive bid threshold and, if so
11required, the advertisement for bids shall so specify.
12    Except for certain construction contracts as otherwise
13provided by this Section, all All contracts for purchases or
14sales that will not exceed the mandatory competitive bid
15threshold may be made in the open market without publication
16in a newspaper as above provided, but whenever practical shall
17be based on at least 3 competitive bids. For purposes of this
18Section, the "mandatory competitive bid threshold" is a dollar
19amount equal to 0.1% of the total general fixed assets of the
20district as reported in the most recent required audit report.
21In no event, however, shall the mandatory competitive bid
22threshold dollar amount be less than $25,000 $10,000, nor more
23than $100,000 $40,000.
24    Notwithstanding this Section, all construction contracts
25that the sanitary district reasonably expects to be in excess
26of $60,000 but not in excess of $100,000 may be made in the

 

 

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1open market without publication in a newspaper as otherwise
2provided in this Section, but, when practical, shall be based
3on at least 3 competitive bids that shall: (i) identify the
4scope of work; (ii) provide the same scope of work, cost
5estimates, and time for response to all contacted businesses;
6(iii) consider registered Illinois small businesses, business
7enterprises, including female-owned enterprises,
8minority-owned enterprises, and enterprises owned by persons
9with a disability, and veteran-owned firms; and (iv) attempt
10to avoid repetitive use of the same prime contractor in the
11same calendar year unless the same contractor is the lowest
12responsible bidder. When applicable, the bids must comply with
13the Prevailing Wage Act.
14    If a unit of local government performs non-emergency
15construction, alteration, repair, improvement, or maintenance
16work on the public way, the sanitary district may enter into an
17intergovernmental agreement with the unit of local government
18allowing similar construction work to be performed by the
19sanitary district on the same project, in an amount no greater
20than $300,000 $100,000, to save taxpayer funds and eliminate
21duplication of government effort. The sanitary district and
22the other unit of local government shall, before work is
23performed by either unit of local government on a project,
24adopt a resolution by a majority vote of both governing bodies
25certifying work will occur at a specific location, the reasons
26why both units of local government require work to be

 

 

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1performed in the same location, and the projected cost savings
2if work is performed by both units of local government on the
3same project. Officials or employees of the sanitary district
4may, if authorized by resolution, purchase in the open market
5any supplies, materials, equipment, or services for use within
6the project in an amount no greater than $300,000 $100,000
7without advertisement or without filing a requisition or
8estimate. A full written account of each project performed by
9the sanitary district and a requisition for the materials,
10supplies, equipment, and services used by the sanitary
11district required to complete the project must be submitted by
12the officials or employees authorized to make purchases to the
13board of trustees of the sanitary district no later than 30
14days after purchase. The full written account must be
15available for public inspection for at least one year after
16expenditures are made.
17    Contracts which by their nature are not adapted to award
18by competitive bidding, including, without limitation,
19contracts for the services of individuals, groups or firms
20possessing a high degree of professional skill where the
21ability or fitness of the individual or organization plays an
22important part, contracts for financial management services
23undertaken pursuant to "An Act relating to certain investments
24of public funds by public agencies", approved July 23, 1943,
25as now or hereafter amended, contracts for the purchase or
26sale of utilities, contracts for materials economically

 

 

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1procurable only from a single source of supply, contracts for
2the use, purchase, delivery, movement, or installation of data
3processing equipment, software, or services and
4telecommunications and interconnect equipment, software, or
5services, contracts for duplicating machines and supplies,
6contracts for goods or services procured from another
7governmental agency, purchases of equipment previously owned
8by an entity other than the district itself, and leases of real
9property where the sanitary district is the lessee shall not
10be subject to the competitive bidding requirements of this
11Section.
12    The competitive bidding requirements of this Section do
13not apply to contracts for construction of a facility or
14structure for the sanitary district when the facility or
15structure will be designed, built, and tested before being
16conveyed to the sanitary district.
17    The competitive bidding requirements of this Section do
18not apply to contracts, including contracts for both materials
19and services incidental thereto, for the repair or replacement
20of a sanitary district's treatment plant, sewers, equipment,
21or facilities damaged or destroyed as the result of a sudden or
22unexpected occurrence, including, but not limited to, a flood,
23fire, tornado, earthquake, storm, or other natural or man-made
24disaster, if the board of trustees determines in writing that
25the awarding of those contracts without competitive bidding is
26reasonably necessary for the sanitary district to maintain

 

 

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1compliance with a permit issued under the National Pollution
2Discharge Elimination System (NPDES) or any successor system
3or with any outstanding order relating to that compliance
4issued by the United States Environmental Protection Agency,
5the Illinois Environmental Protection Agency, or the Illinois
6Pollution Control Board. The authority to issue contracts
7without competitive bidding pursuant to this paragraph expires
86 months after the date of the writing determining that the
9awarding of contracts without competitive bidding is
10reasonably necessary.
11    Where the board of trustees declares, by a 2/3 vote of all
12members of the board, that there exists an emergency affecting
13the public health or safety, contracts totaling not more than
14the emergency contract cap may be let to the extent necessary
15to resolve such emergency without public advertisement or
16competitive bidding. For purposes of this Section, the
17"emergency contract cap" is a dollar amount equal to 0.4% of
18the total general fixed assets of the district as reported in
19the most recent required audit report. In no event, however,
20shall the emergency contract cap dollar amount be less than
21$100,000 $40,000, nor more than $300,000 $100,000. The
22ordinance or resolution embodying the emergency declaration
23shall contain the date upon which such emergency will
24terminate. The board of trustees may extend the termination
25date if in its judgment the circumstances so require. A full
26written account of the emergency, together with a requisition

 

 

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1for the materials, supplies, labor or equipment required
2therefor shall be submitted immediately upon completion and
3shall be open to public inspection for a period of at least one
4year subsequent to the date of such emergency purchase. Within
530 days after the passage of the resolution or ordinance
6declaring an emergency affecting the public health or safety,
7the District shall submit to the Illinois Environmental
8Protection Agency the full written account of any such
9emergency along with a copy of the resolution or ordinance
10declaring the emergency, in accordance with requirements as
11may be provided by rule.
12    A contract for any work or other public improvement, to be
13paid for in whole or in part by special assessment or special
14taxation, shall be entered into and the performance thereof
15controlled by Division 2 of Article 9 of the "Illinois
16Municipal Code", approved May 29, 1961, as heretofore and
17hereafter amended, as near as may be. The contracts may be let
18for making proper and suitable connections between the mains
19and outlets of the respective sewers in the district with any
20conduit, conduits, main pipe or pipes that may be constructed
21by such sanitary district.
22(Source: P.A. 100-882, eff. 8-14-18.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.