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92_SB0032sam003
LRB9201390TAtmam03
1 AMENDMENT TO SENATE BILL 32
2 AMENDMENT NO. _____. Amend Senate Bill 32, AS AMENDED,
3 by inserting the following in its proper numeric sequence:
4 "Section 20. The Metropolitan Water Reclamation District
5 Act is amended by changing Sections 11.3, 11.6, 11.7, 11.10,
6 and 11.13 as follows:
7 (70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
8 Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
9 all purchase orders or contracts involving amounts in excess
10 of the mandatory competitive bid threshold $10,000 and made
11 by or on behalf of the sanitary district for labor, services
12 or work, the purchase, lease or sale of personal property,
13 materials, equipment or supplies, or the granting of any
14 concession, shall be let by free and open competitive bidding
15 after advertisement, to the lowest responsible bidder or to
16 the highest responsible bidder, as the case may be, depending
17 upon whether the sanitary district is to expend or receive
18 money.
19 All such purchase orders or contracts which shall involve
20 amounts that will not exceed the mandatory competitive bid
21 threshold of $10,000 or less, shall also be let in the manner
22 prescribed above whenever practicable, except that after
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1 solicitation of bids, such purchase orders or contracts may
2 be let in the open market, in a manner calculated to insure
3 the best interests of the public. The provisions of this
4 section are subject to any contrary provisions contained in
5 "An Act concerning the use of Illinois mined coal in certain
6 plants and institutions", filed July 13, 1937, as heretofore
7 and hereafter amended. For purposes of this Section, the
8 "mandatory competitive bid threshold" is a dollar amount
9 equal to 0.1% of the total general fixed assets of the
10 district as reported in the most recent required audit
11 report. In no event, however, shall the mandatory
12 competitive bid threshold dollar amount be less than $10,000
13 or more than $40,000. The competitive bidding requirements
14 of this Section do not apply to contracts for construction of
15 a facility or structure for the Metropolitan Water
16 Reclamation District of Chicago when the facility or
17 structure will be designed, built, and tested before being
18 conveyed to the district.
19 Notwithstanding the provisions of this Section, the
20 sanitary district is expressly authorized to establish such
21 procedures as it deems appropriate to comply with state or
22 federal regulations as to affirmative action and the
23 utilization of small and minority businesses in construction
24 and procurement contracts.
25 (Source: P.A. 83-835.)
26 (70 ILCS 2605/11.6) (from Ch. 42, par. 331.6)
27 Sec. 11.6. The head of each department shall notify the
28 purchasing agent of those officers and employees authorized
29 to sign requests for purchases. Requests for purchases shall
30 be void unless executed by an authorized officer or employee
31 and approved by the purchasing agent. Requests for purchases
32 may be executed, approved and signed manually or
33 electronically.
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1 Officials and employees making requests for purchases
2 shall not split or otherwise partition for the purpose of
3 evading the competitive bidding requirements of this Act, any
4 undertaking involving amounts in excess of the mandatory
5 competitive bid threshold $10,000.
6 (Source: P.A. 87-1125.)
7 (70 ILCS 2605/11.7) (from Ch. 42, par. 331.7)
8 Sec. 11.7. All proposals to award purchase orders or
9 contracts involving amounts in excess of the mandatory
10 competitive bid threshold $10,000 shall be published at least
11 12 calendar days in advance of the date announced for the
12 receiving of bids, in a secular English language newspaper of
13 general circulation in said sanitary district and shall be
14 posted simultaneously on readily accessible bulletin boards
15 in the principal office of the sanitary district. Nothing
16 contained in this section shall be construed to prohibit the
17 placing of additional advertisements in recognized trade
18 journals. Advertisements for bids shall describe the
19 character of the proposed contract or agreement in sufficient
20 detail either in the advertisement itself or by reference to
21 plans, specifications or other detail on file at the time of
22 publication of the first announcement, to enable the bidders
23 to know what their obligation will be. The advertisement
24 shall also state the date, time and place assigned for the
25 opening of bids. No bids shall be received at any time
26 subsequent to the time indicated in the announcement;
27 however, an extension of time may be granted for the opening
28 of such bids upon publication in the same newspaper of
29 general circulation in said sanitary district stating the
30 date to which bid opening has been extended. The time of the
31 extended bid opening shall not be less than 5 days after
32 publication, Sundays and legal holidays excluded.
33 Cash, cashier's check or a certified check payable to the
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1 clerk and drawn upon a bank, as a deposit of good faith, in a
2 reasonable amount not in excess of 10% of the contract
3 amount, may be required of each bidder by the purchasing
4 agent on all bids involving amounts in excess of the
5 mandatory competitive bid threshold $10,000. If a deposit is
6 required, the advertisement for bids shall so specify.
7 Instead of a deposit, the purchasing agent may allow the use
8 of a bid bond if the bond is issued by a surety company that
9 is listed in the Federal Register and is authorized to do
10 business in the State of Illinois.
11 (Source: P.A. 89-89, eff. 6-30-95.)
12 (70 ILCS 2605/11.10) (from Ch. 42, par. 331.10)
13 Sec. 11.10. Every contract or purchase order involving
14 amounts in excess of the mandatory competitive bid threshold
15 $10,000 shall be signed by the president or other duly
16 authorized officer of the board of commissioners, by the
17 general superintendent, by the clerk and by the purchasing
18 agent. Each bid with the name of the bidder shall be entered
19 upon a record which shall be open to public inspection in the
20 office of the purchasing agent. After the award is made, the
21 bids shall be entered in the official records of the board of
22 commissioners.
23 All purchase orders or contracts involving amounts that
24 will not exceed the mandatory competitive bid threshold of
25 $10,000 or less shall be let by the purchasing agent. They
26 shall be signed by the purchasing agent and the clerk. All
27 records pertaining to such awards shall be open to public
28 inspection for a period of at least one year subsequent to
29 the date of the award.
30 An official copy of each awarded purchase order or
31 contract together with all necessary attachments thereto,
32 including assignments and written consent of the purchasing
33 agent shall be retained by the purchasing agent in an
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1 appropriate file open to the public for such period of time
2 after termination of contract during which action against the
3 municipality might ensue under applicable laws of limitation.
4 Certified copies of all completed contracts and purchase
5 orders shall be filed with the clerk. After the appropriate
6 period, purchase orders, contracts and attachments in the
7 clerk's possession may be destroyed by direction of the
8 purchasing agent.
9 The provisions of this Act are not applicable to joint
10 purchases of personal property, supplies and services made by
11 governmental units in accordance with Sections 1 through 5 of
12 "An Act authorizing certain governmental units to purchase
13 personal property, supplies and services jointly," approved
14 August 15, 1961.
15 (Source: P.A. 83-835.)
16 (70 ILCS 2605/11.13) (from Ch. 42, par. 331.13)
17 Sec. 11.13. Bond, with sufficient sureties, in such
18 amount as shall be deemed adequate by the purchasing agent
19 not only to insure performance of the contract in the time
20 and manner specified in said contract but also to save,
21 indemnify and keep harmless the sanitary district against all
22 liabilities, judgments, costs and expenses which may in
23 anywise accrue against said sanitary district in consequence
24 of the granting of the contract or execution thereof shall be
25 required for all contracts relative to construction,
26 rehabilitation or repair of any of the works of the sanitary
27 district and may be required of each bidder upon all other
28 contracts in excess of the mandatory competitive bid
29 threshold $10,000 when, in the opinion of the purchasing
30 agent, the public interest will be better served thereby.
31 In accordance with the provisions of "An Act in relation
32 to bonds of contractors entering into contracts for public
33 construction", approved June 20, 1931, as amended, all
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1 contracts for construction work, to which the sanitary
2 district is a party, shall require that the contractor
3 furnish bond guaranteeing payment for materials and labor
4 utilized in the contract.
5 (Source: P.A. 83-835.)".