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| Public Act 096-0592 |
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AN ACT concerning the Illinois State Toll Highway | ||||
Authority.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Toll Highway Act is amended by changing | ||||
Sections 16 and 16.1 as follows:
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(605 ILCS 10/16) (from Ch. 121, par. 100-16)
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Sec. 16.
All contracts let for the construction of any work
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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
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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
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Federal census, in such manner and at such intervals, as may be
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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
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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
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contract and the other for the payment of all labor furnished | ||
and materials
supplied in the prosecution of the contracted | ||
work.
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(Source: P.A. 86-1164.)
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(605 ILCS 10/16.1) (from Ch. 121, par. 100-16.1)
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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
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following cases:
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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.
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2. Where the services required are for professional, | ||
technical or
artistic skills.
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3. Where the services required are for advertising, | ||
promotional and
public relations services.
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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.
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5. In case of expenditures for personal services.
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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
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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
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equipment or spare parts, insofar as possible, and when | ||
effective,
pursuant to public advertisement as | ||
hereinbefore provided.
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7. Contracts for insurance, fidelity and surety bonds.
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8. Contracts or agreements for the completion of a | ||
terminated or
defaulted contract or agreement.
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(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.
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(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.
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(D) Successful bidders for such services and supplies shall | ||
enter
into contracts furnished and prescribed by the Authority.
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(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
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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.
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Such rules and regulations shall be filed and become | ||
effective in
connection with the Illinois Administrative | ||
Procedure Act.
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(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.
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(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:
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"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.
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....(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.
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(Source: P.A. 86-1164.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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