Rep. Anthony DeLuca

Filed: 3/10/2023

 

 


 

 


 
10300HB1602ham001LRB103 03462 AWJ 58867 a

1
AMENDMENT TO HOUSE BILL 1602

2    AMENDMENT NO. ______. Amend House Bill 1602 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Sanitary District Act of 1917 is amended
5by changing 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

 

 

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1take into consideration the qualities and serviceability of
2the articles supplied, their conformity with specifications,
3their suitability to the requirements of the district, the
4availability of support services, the uniqueness of the
5service, materials, equipment, or supplies as it applies to
6network integrated computer systems, the compatibility of the
7service, materials, equipment or supplies with existing
8equipment, and the delivery terms. Contracts for services in
9excess of the mandatory competitive bid threshold may, subject
10to the provisions of this Section, be let by competitive
11bidding at the discretion of the district board of trustees.
12    Cash, a cashier's check, a certified check, or a bid bond
13with adequate surety approved by the board of trustees as a
14deposit of good faith, in a reasonable amount, but not in
15excess of 10% of the contract amount, may be required of each
16bidder by the district on all bids involving amounts in excess
17of the mandatory competitive bid threshold and, if so
18required, the advertisement for bids shall so specify.
19    Except for certain construction contracts as otherwise
20provided by this Section, all All contracts for purchases or
21sales that will not exceed the mandatory competitive bid
22threshold may be made in the open market without publication
23in a newspaper as above provided, but whenever practical shall
24be based on at least 3 competitive bids. For purposes of this
25Section, the "mandatory competitive bid threshold" is a dollar
26amount equal to 0.1% of the total general fixed assets of the

 

 

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1district as reported in the most recent required audit report.
2In no event, however, shall the mandatory competitive bid
3threshold dollar amount be less than $25,000 $10,000, nor more
4than $100,000 $40,000.
5    Notwithstanding this Section, all construction contracts
6that the sanitary district reasonably expects to be in excess
7of $60,000 but not in excess of $100,000 may be made in the
8open market without publication in a newspaper as otherwise
9provided in this Section, but, when practical, shall be based
10on at least 3 competitive bids that shall: (i) identify the
11scope of work; (ii) provide the same scope of work, cost
12estimates, and time for response to all contacted businesses;
13(iii) consider registered Illinois small businesses, business
14enterprises, including female-owned enterprises,
15minority-owned enterprises, and enterprises owned by persons
16with a disability, and veteran-owned firms; and (iv) attempt
17to avoid repetitive use of the same prime contractor in the
18same calendar year unless the same contractor is the lowest
19responsible bidder. When applicable, the bids must comply with
20the Prevailing Wage Act.
21    If a unit of local government performs non-emergency
22construction, alteration, repair, improvement, or maintenance
23work on the public way, the sanitary district may enter into an
24intergovernmental agreement with the unit of local government
25allowing similar construction work to be performed by the
26sanitary district on the same project, in an amount no greater

 

 

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1than $300,000 $100,000, to save taxpayer funds and eliminate
2duplication of government effort. The sanitary district and
3the other unit of local government shall, before work is
4performed by either unit of local government on a project,
5adopt a resolution by a majority vote of both governing bodies
6certifying work will occur at a specific location, the reasons
7why both units of local government require work to be
8performed in the same location, and the projected cost savings
9if work is performed by both units of local government on the
10same project. Officials or employees of the sanitary district
11may, if authorized by resolution, purchase in the open market
12any supplies, materials, equipment, or services for use within
13the project in an amount no greater than $300,000 $100,000
14without advertisement or without filing a requisition or
15estimate. A full written account of each project performed by
16the sanitary district and a requisition for the materials,
17supplies, equipment, and services used by the sanitary
18district required to complete the project must be submitted by
19the officials or employees authorized to make purchases to the
20board of trustees of the sanitary district no later than 30
21days after purchase. The full written account must be
22available for public inspection for at least one year after
23expenditures are made.
24    Contracts which by their nature are not adapted to award
25by competitive bidding, including, without limitation,
26contracts for the services of individuals, groups or firms

 

 

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1possessing a high degree of professional skill where the
2ability or fitness of the individual or organization plays an
3important part, contracts for financial management services
4undertaken pursuant to "An Act relating to certain investments
5of public funds by public agencies", approved July 23, 1943,
6as now or hereafter amended, contracts for the purchase or
7sale of utilities, contracts for materials economically
8procurable only from a single source of supply, contracts for
9the use, purchase, delivery, movement, or installation of data
10processing equipment, software, or services and
11telecommunications and interconnect equipment, software, or
12services, contracts for duplicating machines and supplies,
13contracts for goods or services procured from another
14governmental agency, purchases of equipment previously owned
15by an entity other than the district itself, and leases of real
16property where the sanitary district is the lessee shall not
17be subject to the competitive bidding requirements of this
18Section.
19    The competitive bidding requirements of this Section do
20not apply to contracts for construction of a facility or
21structure for the sanitary district when the facility or
22structure will be designed, built, and tested before being
23conveyed to the sanitary district.
24    The competitive bidding requirements of this Section do
25not apply to contracts, including contracts for both materials
26and services incidental thereto, for the repair or replacement

 

 

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1of a sanitary district's treatment plant, sewers, equipment,
2or facilities damaged or destroyed as the result of a sudden or
3unexpected occurrence, including, but not limited to, a flood,
4fire, tornado, earthquake, storm, or other natural or man-made
5disaster, if the board of trustees determines in writing that
6the awarding of those contracts without competitive bidding is
7reasonably necessary for the sanitary district to maintain
8compliance with a permit issued under the National Pollution
9Discharge Elimination System (NPDES) or any successor system
10or with any outstanding order relating to that compliance
11issued by the United States Environmental Protection Agency,
12the Illinois Environmental Protection Agency, or the Illinois
13Pollution Control Board. The authority to issue contracts
14without competitive bidding pursuant to this paragraph expires
156 months after the date of the writing determining that the
16awarding of contracts without competitive bidding is
17reasonably necessary.
18    Where the board of trustees declares, by a 2/3 vote of all
19members of the board, that there exists an emergency affecting
20the public health or safety, contracts totaling not more than
21the emergency contract cap may be let to the extent necessary
22to resolve such emergency without public advertisement or
23competitive bidding. For purposes of this Section, the
24"emergency contract cap" is a dollar amount equal to 0.4% of
25the total general fixed assets of the district as reported in
26the most recent required audit report. In no event, however,

 

 

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1shall the emergency contract cap dollar amount be less than
2$100,000 $40,000, nor more than $300,000 $100,000. The
3ordinance or resolution embodying the emergency declaration
4shall contain the date upon which such emergency will
5terminate. The board of trustees may extend the termination
6date if in its judgment the circumstances so require. A full
7written account of the emergency, together with a requisition
8for the materials, supplies, labor or equipment required
9therefor shall be submitted immediately upon completion and
10shall be open to public inspection for a period of at least one
11year subsequent to the date of such emergency purchase. Within
1230 days after the passage of the resolution or ordinance
13declaring an emergency affecting the public health or safety,
14the District shall submit to the Illinois Environmental
15Protection Agency the full written account of any such
16emergency along with a copy of the resolution or ordinance
17declaring the emergency, in accordance with requirements as
18may be provided by rule.
19    A contract for any work or other public improvement, to be
20paid for in whole or in part by special assessment or special
21taxation, shall be entered into and the performance thereof
22controlled by Division 2 of Article 9 of the "Illinois
23Municipal Code", approved May 29, 1961, as heretofore and
24hereafter amended, as near as may be. The contracts may be let
25for making proper and suitable connections between the mains
26and outlets of the respective sewers in the district with any

 

 

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1conduit, conduits, main pipe or pipes that may be constructed
2by such sanitary district.
3(Source: P.A. 100-882, eff. 8-14-18.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".