Rep. Michael J. Zalewski

Filed: 2/22/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 547

2    AMENDMENT NO. ______. Amend House Bill 547 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Sections 4-5-11 and 8-9-1 as follows:
 
6    (65 ILCS 5/4-5-11)  (from Ch. 24, par. 4-5-11)
7    Sec. 4-5-11. Except as otherwise provided, all contracts,
8of whatever character, pertaining to public improvement, or to
9the maintenance of the public property of a municipality
10involving an outlay of $10,000 or more, shall be based upon
11specifications to be approved by the council. Any work or other
12public improvement which is not to be paid for in whole or in
13part by special assessment or special taxation, when the
14expense thereof will exceed $25,000 $20,000, shall be
15constructed as follows:
16        (1) By a contract let to the lowest responsible bidder

 

 

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1    after advertising for bids, in the manner prescribed by
2    ordinance, except that any such contract may be entered
3    into by the proper officers without advertising for bids,
4    if authorized by a vote of 4 of the 5 council members
5    elected; or
6        (2) In the following manner, if authorized by a vote of
7    4 of the 5 council members elected: the commissioner of
8    public works or other proper officers to be designated by
9    ordinance, shall superintend and cause to be carried out
10    the construction of the work or other public improvement
11    and shall employ exclusively for the performance of all
12    manual labor thereon, laborers and artisans whom the city
13    or village shall pay by the day or hour, but all material
14    of the value of $25,000 $20,000 and upward used in the
15    construction of the work or other public improvement, shall
16    be purchased by contract let to the lowest responsible
17    bidder in the manner to be prescribed by ordinance.
18    Nothing contained in this Section shall apply to any
19contract by a municipality with the United States of America or
20any agency thereof.
21(Source: P.A. 94-435, eff. 8-2-05.)
 
22    (65 ILCS 5/8-9-1)  (from Ch. 24, par. 8-9-1)
23    Sec. 8-9-1. In municipalities of less than 500,000 except
24as otherwise provided in Articles 4 and 5 any work or other
25public improvement which is not to be paid for in whole or in

 

 

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1part by special assessment or special taxation, when the
2expense thereof will exceed $25,000 $20,000, shall be
3constructed either (1) by a contract let to the lowest
4responsible bidder after advertising for bids, in the manner
5prescribed by ordinance, except that any such contract may be
6entered into by the proper officers without advertising for
7bids, if authorized by a vote of two-thirds of all the aldermen
8or trustees then holding office; or (2) in the following
9manner, if authorized by a vote of two-thirds of all the
10aldermen or trustees then holding office, to-wit: the
11commissioner of public works or other proper officers to be
12designated by ordinance, shall superintend and cause to be
13carried out the construction of the work or other public
14improvement and shall employ exclusively for the performance of
15all manual labor thereon, laborers and artisans whom the
16municipality shall pay by the day or hour; and all material of
17the value of $25,000 $20,000 and upward used in the
18construction of the work or other public improvement, shall be
19purchased by contract let to the lowest responsible bidder in
20the manner to be prescribed by ordinance. However, nothing
21contained in this section shall apply to any contract by a
22city, village or incorporated town with the federal government
23or any agency thereof.
24    In every city which has adopted Division 1 of Article 10,
25every such laborer or artisan shall be certified by the civil
26service commission to the commissioner of public works or other

 

 

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1proper officers, in accordance with the requirement of that
2division.
3    In municipalities of 500,000 or more population the letting
4of contracts for work or other public improvements of the
5character described in this section shall be governed by the
6provisions of Division 10 of this Article 8.
7(Source: P.A. 94-435, eff. 8-2-05.)
 
8    Section 10. The Illinois Local Library Act is amended by
9changing Section 5-5 as follows:
 
10    (75 ILCS 5/5-5)  (from Ch. 81, par. 5-5)
11    Sec. 5-5. When the board determines to commence the
12construction of the building or the remodeling, repairing or
13improving of an existing library building or the erection of an
14addition thereto, the purchase of the necessary equipment for
15such library, or the acquisition of library materials such as
16books, periodicals, recordings and electronic data storage and
17retrieval facilities in connection with either the purchase or
18construction of a new library building or the expansion of an
19existing library building, they may then revise the plan
20therefor or adopt a new plan and provide estimates of the costs
21thereof, and shall, when the cost is in excess of $25,000
22$20,000, advertise for bids for the construction of the
23building, or the remodeling, repairing or improving of an
24existing library building or the erection of an addition

 

 

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1thereto, or the purchase of the necessary equipment for such
2library, or the acquisition of library materials such as books,
3periodicals, recordings and electronic data storage and
4retrieval facilities in connection with either the purchase or
5construction of a new library building or the expansion of an
6existing library building, and shall let the contract or
7contracts for the same, when the cost is in excess of $25,000
8$20,000, to the lowest responsible bidder or bidders.
9    The board shall not be required to accept a bid that does
10not meet the library's established specifications, terms of
11delivery, quality, and serviceability requirements. Contracts
12which, by their nature, are not adapted to award by competitive
13bidding, are not subject to competitive bidding, including, but
14not limited to:
15        (1) contracts for the services of individuals
16    possessing a high degree of professional skill where the
17    ability or fitness of the individual plays an important
18    part;
19        (2) contracts for the printing of finance committee
20    reports and departmental reports;
21        (3) contracts for the printing or engraving of bonds,
22    tax warrants and other evidences of indebtedness;
23        (4) contracts for the maintenance or servicing of, or
24    provision of repair parts for, equipment which are made
25    with the manufacturer or authorized service agent of that
26    equipment where the provision of parts, maintenance, or

 

 

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1    servicing can best be performed by the manufacturer or
2    authorized service agent;
3        (5) purchases and contracts for the use, purchase,
4    delivery, movement, or installation of data processing
5    equipment, software, or services and telecommunications
6    and interconnect equipment, software, and services;
7        (6) contracts for duplicating machines and supplies;
8        (7) contracts for utility services such as water,
9    light, heat, telephone or telegraph;
10        (8) contracts for goods or services procured from
11    another governmental agency;
12        (9) purchases of equipment previously owned by some
13    entity other than the library itself; and
14        (10) contracts for goods or services which are
15    economically procurable from only one source, such as for
16    the purchase of magazines, books, periodicals, pamphlets,
17    and reports.
18    Contracts for emergency expenditures are also exempt from
19competitive bidding when the emergency expenditure is approved
20by 3/4 of the members of the board.
21    The board shall require from such bidders security for the
22performance of the bids determined by the board pursuant to
23law. The board may let the contract or contracts to one or more
24bidders, as they shall determine.
25(Source: P.A. 98-952, eff. 1-1-15.)
 

 

 

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1    Section 15. The Public Library District Act of 1991 is
2amended by changing Section 40-45 as follows:
 
3    (75 ILCS 16/40-45)
4    Sec. 40-45. Bids for construction, improvements, or
5equipment purchases.
6    (a) When the trustees determine to commence constructing
7the building, purchasing a site or a building, remodeling,
8repairing, or improving an existing library building, erecting
9an addition to an existing library building, or purchasing the
10necessary equipment for the library, they may then revise the
11plan or adopt a new plan and provide estimates of the costs of
12the revised or new plan.
13    (b) The board shall, when the cost is in excess of $25,000
14$20,000, advertise for bids for constructing the building,
15remodeling, repairing, or improving of an existing library
16building, erecting an addition to an existing library building,
17or purchasing the necessary equipment for the library and shall
18let the contract or contracts for the project, when the cost is
19in excess of $25,000 $20,000, to the lowest responsible bidder
20or bidders. The board shall not be required to accept a bid
21that does not meet the library's established specifications,
22terms of delivery, quality, and serviceability requirements.
23Contracts which, by their nature, are not adapted to award by
24competitive bidding, are not subject to competitive bidding,
25including, but not limited to:

 

 

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1        (1) contracts for the services of individuals
2    possessing a high degree of professional skill where the
3    ability or fitness of the individual plays an important
4    part;
5        (2) contracts for the printing of finance committee
6    reports and departmental reports;
7        (3) contracts for the printing or engraving of bonds,
8    tax warrants and other evidences of indebtedness;
9        (4) contracts for the maintenance or servicing of, or
10    provision of repair parts for, equipment which are made
11    with the manufacturer or authorized service agent of that
12    equipment where the provision of parts, maintenance, or
13    servicing can best be performed by the manufacturer or
14    authorized service agent;
15        (5) purchases and contracts for the use, purchase,
16    delivery, movement, or installation of data processing
17    equipment, software, or services and telecommunications
18    and interconnect equipment, software, and services;
19        (6) contracts for duplicating machines and supplies;
20        (7) contracts for utility services such as water,
21    light, heat, telephone or telegraph;
22        (8) contracts for goods or services procured from
23    another governmental agency;
24        (9) purchases of equipment previously owned by some
25    entity other than the library itself; and
26        (10) contracts for goods or services which are

 

 

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1    economically procurable from only one source, such as for
2    the purchase of magazines, books, periodicals, pamphlets,
3    and reports.
4    Contracts for emergency expenditures are also exempt from
5competitive bidding when the emergency expenditure is approved
6by 3/4 of the members of the board.
7    The board shall require from the bidders security for the
8performance of the bids determined by the board pursuant to
9law. The trustees may let the contract or contracts to one or
10more bidders as they determine.
11(Source: P.A. 98-952, eff. 1-1-15.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".