Full Text of HB1602 103rd General Assembly
HB1602eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sanitary District Act of 1917 is amended by | 5 | | changing Section 11 as follows:
| 6 | | (70 ILCS 2405/11) (from Ch. 42, par. 310)
| 7 | | Sec. 11.
Except as otherwise hereinafter provided, all | 8 | | contracts for
purchases or sales by a sanitary district | 9 | | organized under this Act, the expense
of which will exceed
the | 10 | | mandatory competitive bid threshold, shall be let to the
| 11 | | lowest responsible bidder therefor upon not
less than 14 days' | 12 | | public notice of the terms and conditions upon which the
| 13 | | contract is to be let, having been given by publication in a | 14 | | newspaper of
general circulation published in the district, | 15 | | and the board may reject any
and all bids, and readvertise.
In | 16 | | determining the lowest responsible bidder, the board shall | 17 | | take into
consideration the qualities and serviceability of | 18 | | the articles supplied, their
conformity with specifications, | 19 | | their suitability to the requirements of the
district, the | 20 | | availability of support services, the uniqueness of the | 21 | | service,
materials, equipment, or supplies as it applies to | 22 | | network integrated computer
systems, the compatibility of the | 23 | | service, materials, equipment or supplies
with existing |
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| 1 | | equipment, and the delivery terms. Contracts for services in
| 2 | | excess of the mandatory competitive bid threshold may, subject
| 3 | | to the provisions of this Section, be let by
competitive | 4 | | bidding at the discretion of the district board of trustees.
| 5 | | Cash, a cashier's check, a certified check, or a bid bond | 6 | | with adequate
surety
approved by the board of trustees as a | 7 | | deposit of good faith, in a reasonable
amount, but not in | 8 | | excess of 10% of the contract amount, may be required of
each | 9 | | bidder by the district on all bids involving amounts in excess | 10 | | of
the
mandatory competitive bid threshold and, if so | 11 | | required, the advertisement for
bids shall so specify.
| 12 | | Except for certain construction contracts as otherwise | 13 | | provided by this Section, all All contracts for purchases or | 14 | | sales that will not exceed the mandatory
competitive bid | 15 | | threshold may be made
in the open market without publication | 16 | | in a newspaper as above provided,
but whenever practical shall | 17 | | be based on at least 3 competitive bids. For
purposes of this | 18 | | Section, the "mandatory competitive bid threshold"
is a dollar | 19 | | amount equal to 0.1% of the total general fixed
assets of the | 20 | | district as reported in the most recent required audit report.
| 21 | | In
no event, however, shall the mandatory competitive bid | 22 | | threshold dollar amount
be less than $25,000 $10,000 , nor more | 23 | | than $100,000 $40,000 .
| 24 | | Notwithstanding this Section, all construction contracts | 25 | | that the sanitary district reasonably expects to be in excess | 26 | | of $60,000 but not in excess of $100,000 may be made in the |
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| 1 | | open market without publication in a newspaper as otherwise | 2 | | provided in this Section, but, when practical, shall be based | 3 | | on at least 3 competitive bids that shall: (i) identify the | 4 | | scope of work; (ii) provide the same scope of work, cost | 5 | | estimates, and time for response to all contacted businesses; | 6 | | (iii) consider registered Illinois small businesses, business | 7 | | enterprises, including female-owned enterprises, | 8 | | minority-owned enterprises, and enterprises owned by persons | 9 | | with a disability, and veteran-owned firms; and (iv) attempt | 10 | | to avoid repetitive use of the same prime contractor in the | 11 | | same calendar year unless the same contractor is the lowest | 12 | | responsible bidder. When applicable, the bids must comply with | 13 | | the Prevailing Wage Act. | 14 | | If a unit of local government performs non-emergency | 15 | | construction, alteration, repair, improvement, or maintenance | 16 | | work on the public way, the sanitary district may enter into an | 17 | | intergovernmental agreement with the unit of local government | 18 | | allowing similar construction work to be performed by the | 19 | | sanitary district on the same project, in an amount no greater | 20 | | than $300,000 $100,000 , to save taxpayer funds and eliminate | 21 | | duplication of government effort. The sanitary district and | 22 | | the other unit of local government shall, before work is | 23 | | performed by either unit of local government on a project, | 24 | | adopt a resolution by a majority vote of both governing bodies | 25 | | certifying work will occur at a specific location, the reasons | 26 | | why both units of local government require work to be |
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| 1 | | performed in the same location, and the projected cost savings | 2 | | if work is performed by both units of local government on the | 3 | | same project. Officials or employees of the sanitary district | 4 | | may, if authorized by resolution, purchase in the open market | 5 | | any supplies, materials, equipment, or services for use within | 6 | | the project in an amount no greater than $300,000 $100,000 | 7 | | without advertisement or without filing a requisition or | 8 | | estimate. A full written account of each project performed by | 9 | | the sanitary district and a requisition for the materials, | 10 | | supplies, equipment, and services used by the sanitary | 11 | | district required to complete the project must be submitted by | 12 | | the officials or employees authorized to make purchases to the | 13 | | board of trustees of the sanitary district no later than 30 | 14 | | days after purchase. The full written account must be | 15 | | available for public inspection for at least one year after | 16 | | expenditures are made. | 17 | | Contracts which by their nature are not adapted to award | 18 | | by competitive
bidding, including, without limitation, | 19 | | contracts for the services of
individuals, groups or firms | 20 | | possessing a high degree of professional skill
where the | 21 | | ability or fitness of the individual or organization plays an
| 22 | | important part, contracts for financial management services | 23 | | undertaken
pursuant to "An Act relating to certain investments | 24 | | of public funds by
public agencies", approved July 23, 1943, | 25 | | as now or hereafter amended,
contracts for the purchase or | 26 | | sale of utilities, contracts for materials
economically |
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| 1 | | procurable only from a single source of supply, contracts for
| 2 | | the use, purchase, delivery, movement, or installation of
data | 3 | | processing equipment, software, or services and | 4 | | telecommunications and
interconnect equipment, software, or | 5 | | services, contracts for duplicating
machines and supplies, | 6 | | contracts for goods or services procured from another
| 7 | | governmental agency, purchases of equipment previously owned | 8 | | by an entity
other than the district itself, and leases of
real | 9 | | property where the sanitary district is the lessee shall not | 10 | | be
subject to the competitive bidding requirements of this | 11 | | Section.
| 12 | | The competitive bidding requirements of this Section do | 13 | | not apply to
contracts for construction of a facility or | 14 | | structure for the sanitary district
when the facility or | 15 | | structure will be designed, built, and tested before being
| 16 | | conveyed to the sanitary district.
| 17 | | The competitive bidding requirements of this Section do | 18 | | not apply to
contracts, including contracts for both materials | 19 | | and services incidental
thereto, for the repair or replacement | 20 | | of a sanitary district's treatment
plant, sewers, equipment, | 21 | | or facilities damaged or destroyed as the result of a
sudden or | 22 | | unexpected occurrence, including, but not limited to, a flood, | 23 | | fire,
tornado, earthquake, storm, or other natural or man-made | 24 | | disaster, if the
board of trustees determines in writing that | 25 | | the awarding of those contracts
without competitive bidding is | 26 | | reasonably necessary for the sanitary district
to maintain |
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| 1 | | compliance with a permit issued under the National Pollution
| 2 | | Discharge Elimination System (NPDES) or any successor system | 3 | | or with any
outstanding order relating to that compliance | 4 | | issued by the United States
Environmental Protection Agency, | 5 | | the Illinois Environmental Protection Agency,
or the Illinois | 6 | | Pollution Control Board. The authority to issue contracts
| 7 | | without competitive bidding pursuant to this paragraph expires | 8 | | 6 months after
the date of the writing determining that the | 9 | | awarding of contracts without
competitive bidding is | 10 | | reasonably necessary.
| 11 | | Where the board of trustees declares, by a 2/3 vote of all | 12 | | members of the
board, that there exists an emergency affecting | 13 | | the public health or safety,
contracts totaling not more than | 14 | | the emergency contract cap may
be let to the extent necessary | 15 | | to
resolve such emergency without public advertisement or | 16 | | competitive bidding.
For purposes of this Section, the | 17 | | "emergency contract cap" is a dollar
amount equal to 0.4% of | 18 | | the total general fixed assets of
the
district as reported in | 19 | | the most recent required audit report.
In no event,
however, | 20 | | shall the emergency contract cap dollar amount be less than | 21 | | $100,000 $40,000 ,
nor more than $300,000 $100,000 .
The | 22 | | ordinance or resolution embodying the
emergency declaration | 23 | | shall contain the date upon which such emergency will
| 24 | | terminate. The board of trustees may extend the termination
| 25 | | date if in its judgment the circumstances so require. A full | 26 | | written account
of the emergency, together with a requisition |
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| 1 | | for the materials, supplies,
labor or equipment required | 2 | | therefor shall be submitted immediately upon
completion and | 3 | | shall be open to public inspection for a period of at least
one | 4 | | year subsequent to the date of such emergency purchase.
Within | 5 | | 30 days after the passage of the resolution or ordinance | 6 | | declaring an
emergency
affecting the public health or safety, | 7 | | the District shall submit to the
Illinois
Environmental | 8 | | Protection Agency the full written account of any such | 9 | | emergency
along
with a copy of the resolution or ordinance | 10 | | declaring the emergency, in
accordance with
requirements as | 11 | | may be provided by rule.
| 12 | | A contract for any work or other public improvement, to be | 13 | | paid for in
whole or in part by special assessment or special | 14 | | taxation, shall be entered into and the
performance thereof | 15 | | controlled by Division 2 of Article 9 of the "Illinois
| 16 | | Municipal Code", approved May 29, 1961, as heretofore and | 17 | | hereafter
amended, as near as may be. The contracts may be let | 18 | | for making proper
and suitable connections between the mains | 19 | | and outlets of the respective
sewers in the district with any | 20 | | conduit, conduits, main pipe or pipes that
may be constructed | 21 | | by such sanitary district.
| 22 | | (Source: P.A. 100-882, eff. 8-14-18.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law. |
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