Public Act 096-0592
Public Act 0592 96TH GENERAL ASSEMBLY
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Public Act 096-0592
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| HB2435 Enrolled |
LRB096 08559 AJT 18682 b |
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| AN ACT concerning the Illinois State Toll Highway | Authority.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Toll Highway Act is amended by changing | Sections 16 and 16.1 as follows:
| (605 ILCS 10/16) (from Ch. 121, par. 100-16)
| Sec. 16.
All contracts let for the construction of any work
| authorized to be done under the provisions of the Act, where | the amount
thereof is in excess of a small purchase amount, as | defined in Section 20-20 of the Illinois Procurement Code, the | sum of $10,000, shall be let to the lowest
responsible bidder, | or bidders, on open, competitive bidding after
public | advertisement made at least 15 days prior to the opening of
| bids, in the Illinois Procurement Bulletin, in a newspaper of | general circulation published in each of the
seven largest | cities of the State, as determined by the last preceding
| Federal census, in such manner and at such intervals, as may be
| prescribed by the Authority except for contracts for the | completion of a
terminated or defaulted contract. The | successful bidders for such work shall
enter into contracts | furnished and prescribed by the Authority. Such
contracts shall | contain a provision that such successful bidder shall
indemnify |
| and save harmless the State of Illinois for any accidental
| injuries or damages arising out of his negligence in the | performance of
such contract, and shall, and in addition, | execute and give bonds,
payable to the Authority, with a | corporate surety authorized to do
business under the laws of | the State of Illinois, equal to at least
50% of the contract | price, one conditioned upon faithful performance of the
| contract and the other for the payment of all labor furnished | and materials
supplied in the prosecution of the contracted | work.
| (Source: P.A. 86-1164.)
| (605 ILCS 10/16.1) (from Ch. 121, par. 100-16.1)
| Sec. 16.1.
(A) All contracts for services or supplies | required from
time to time by the Authority in the maintenance | and operation of any
toll highway or part thereof under the | provisions of this Act or all
direct contracts for supplies to | be used in the construction of any toll
highway or part thereof | to be awarded under this Section, rather than as
a part of a | contract pursuant to Section 16 of this Act, when the amount
of | any such supplies or services is in excess of a small purchase | amount, as defined in Section 20-20 of the Illinois Procurement | Code, the sum of $7,500 shall
be let to the lowest responsible | bidder or bidders, on open, competitive
bidding after public | advertisement made at least 5 days prior to the
opening of | bids, in the Illinois Procurement Bulletin, in a newspaper of |
| general circulation in any city of
over 500,000 population, or | in any county through which the tollway
passes, in such manner | and on one or more occasions as may be prescribed
by the | Authority, except that bidding shall not be required in the
| following cases:
| 1. Where the goods or services to be procured are | economically
procurable from only one source, such as | contracts for telephone
service, electric energy and other | public utility services, housekeeping
services, books, | pamphlets and periodicals and specially designed
business | equipment and software.
| 2. Where the services required are for professional, | technical or
artistic skills.
| 3. Where the services required are for advertising, | promotional and
public relations services.
| 4. In emergencies, provided that an affidavit of the | person or
persons authorizing the expenditure shall be | filed with the Authority
and the Auditor General within 10 | days after such authorization setting
forth the conditions | and circumstances requiring the emergency purchase,
the | amount expended and the name of the vendor or contractor | involved;
if only an estimate is available, however, within | the 10 days allowed
for filing the affidavit, the actual | cost shall be reported immediately
after it is determined.
| 5. In case of expenditures for personal services.
| 6. Contracts for equipment and spare parts in support |
| thereof for
the maintenance and operation of any toll | highway, or any part thereof,
whenever, the Authority | shall, by resolution, declare and find that a
particular | make and type of equipment is required for efficient
| maintenance and operation and proper servicing, for | uniformity in and
integration with the spare parts program | and inventory control, or for
other reasons peculiar to the | problems of the toll highway or its
previously acquired | equipment; however, competition and competitive bids
shall | be obtained by the Authority with respect to such specified
| equipment or spare parts, insofar as possible, and when | effective,
pursuant to public advertisement as | hereinbefore provided.
| 7. Contracts for insurance, fidelity and surety bonds.
| 8. Contracts or agreements for the completion of a | terminated or
defaulted contract or agreement.
| (B) The solicitation for bids shall be in conformance with | accepted
business practices and the method of solicitation | shall be set out in
detail in the rules and regulations of the | Authority.
| (C) Proposals received pursuant to public advertisement | shall be
publicly opened at the day and hour and at the place | specified in the
solicitation for such bids.
| (D) Successful bidders for such services and supplies shall | enter
into contracts furnished and prescribed by the Authority.
| (E) All purchases, contracts or other obligations or |
| expenditures of
funds by the Authority shall be in accordance | with rules and regulations
governing the Authority's | procurement practice and procedures and the
Authority shall | promulgate and publish such practices and procedures in
| sufficient number for distribution to persons interested in | bidding on
purchases or contracts to be let by the Authority. | Such rules and
regulations shall be kept on file with the | Secretary of the Authority at
all times and shall be available | for inspection by members of the public
at all reasonable times | and hours.
| Such rules and regulations shall be filed and become | effective in
connection with the Illinois Administrative | Procedure Act.
| (F) Any contract entered into for purchase or expenditure | of funds
of the Authority made in violation of this Act or the | rules and
regulations in pursuance thereof is void and of no | effect.
| (G) Warrant. All sellers to the Authority shall attach a | statement
to the delivery invoice attesting that the standards | set forth in the
contracts have been met. The statement shall | be substantially in the
following form:
| "The Seller,.... hereby certifies that the goods, | merchandise and
wares shipped in accordance with the attached | delivery invoice have met
all the required standards set forth | in the purchasing contract.
| ....(Seller)."
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| (H) Whoever violates the provisions of this Section, or the | rules
and regulations adopted in pursuance thereof, is guilty | of a Class A
misdemeanor.
| (Source: P.A. 86-1164.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/18/2009
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