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Illinois Compiled Statutes
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COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/5-32036
(55 ILCS 5/5-32036) (from Ch. 34, par. 5-32036)
Sec. 5-32036.
Notice for bids; examination of bids.
Notice shall be given by the Committee that bids will be received for
the construction of such an improvement, either as a whole or in such
sections as the Committee shall specify in its notice, in accordance with
the ordinance therefor. This notice shall state the time of opening of the
bids, and shall further state where the specifications for the improvement
are to be found, and whether the contracts are to be paid in cash or in
bonds, and if in bonds, then the rate of interest the vouchers or bonds
shall draw. The notice shall be published at least twice, not more than 30
nor less than 15 days in advance of the opening of the bids, in one or more
newspapers published in the county as designated by the Committee in an
order entered in its records, or if no newspaper is published therein then
in one or more newspapers with a general circulation within the county.
Proposals or bids may be made either for the work as a whole or for
specified sections thereof. All proposals or bids shall be accompanied by
cash, or by a check payable to the order of the Committee, certified by a
responsible bank,
for an amount which shall not be less than 10% of the
aggregate of the proposal, or by a bid bond, for an amount which shall not be
less than 10% of the aggregate of the proposal. These proposals or bids
shall
be delivered to
the Committee. That committee, in open session, at the time and place fixed
in the specified notice, shall examine and publicly declare the proposal or
bids. However, no proposal or bids shall be considered unless accompanied
by such a check or cash.
(Source: P.A. 91-296, eff. 1-1-00.)
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55 ILCS 5/5-32037
(55 ILCS 5/5-32037) (from Ch. 34, par. 5-32037)
Sec. 5-32037.
Bonds of successful bidders.
The successful bidder for the construction of such an improvement shall
be required to enter into bond in a sum equal to 100% of the amount of his
bid with sureties to be approved by the Committee. This bond shall be filed
with the Committee. When entering into the contract for the construction of
an improvement the bond shall provide that the contractor shall well and
faithfully perform and execute the work in all respects according to the
complete and detailed specifications, and full and complete drawings,
profiles and models therefor, and according to the time and terms and
conditions of the contract, and also that the bidder and contractor shall
promptly pay all debts incurred by him in the prosecution of the work,
including those for labor and material furnished. Suit may be brought on
the bond in case of default, or failure to pay these debts promptly, by and
in the name of the county for all damages sustained either by the county or
by any person interested or for the damages sustained by the county and all
parties in interest, or by any beneficiary or party interested, in the name
of the county for the use of the party interested as beneficial plaintiff,
to recover for the labor and materials furnished. However, in no case shall
costs be adjudged against the county in any suit brought by any party in
interest wherein the county is the nominal but not the beneficial
plaintiff.
In advertising for bids or proposal for the construction of such an
improvement, the Committee shall give notice that such a bond will be
required, and all bids or proposals shall contain an offer to furnish such
a bond upon the acceptance of such bid or proposal.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32038
(55 ILCS 5/5-32038) (from Ch. 34, par. 5-32038)
Sec. 5-32038.
Rejection of bids; failure of bidder to enter into
contract. The Committee may reject any and all proposals or bids, should
they deem it best for the public good. If the Committee is of the opinion
that a combination exists between contractors, either to limit the number
of bidders, or to increase the contract price, and that the lowest bid is
made in pursuance thereof, the Committee shall reject all proposals or
bids. The Committee may reject the bid of any party who has been delinquent
or unfaithful in any former contract with the county. It shall reject all
proposals or bids other than the lowest regular proposals or bids of any
responsible bidder and may award the contract for the specified work or
improvement to the lowest responsible bidder at the prices named in this
bid. Such an award shall be recorded in the records of its proceedings.
Such an award, if any, shall be made within 20 days after the time fixed
for receiving bids.
If no award is made within that time, another advertisement for
proposals or bids for the performance of the work, as in the first
instance, shall be made, and thereafter the Committee shall proceed in the
manner above provided in this Division. Such a re-advertisement
shall be deemed a rejection of all former bids, and thereupon the
respective checks and bonds corresponding to the bids so rejected shall be
returned to the proper parties. However, the check accompanying any
accepted proposal or bid shall be retained in the possession of the
Committee until the contract for doing the work, as hereinafter provided,
has been entered into by the lowest responsible bidder, whereupon the
certified check shall be returned to the bidder. But if that bidder fails,
neglects, or refuses to enter into a contract to perform that work or
improvement, as provided in this Division, the certified check
accompanying his bid and the amount therein mentioned shall be declared to
be forfeited to the county, and shall be collected by it and paid into its
fund for the repairing and maintenance of like improvements. Any bond
forfeited may be prosecuted, and the amount due thereon collected and paid
into the same fund.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32039
(55 ILCS 5/5-32039) (from Ch. 34, par. 5-32039)
Sec. 5-32039.
Persons entitled to hearing on award of contract.
Any owner or person interested in any of the property assessed and any
bidder shall be entitled to a hearing before the Committee on any question
connected with any such award.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32040
(55 ILCS 5/5-32040) (from Ch. 34, par. 5-32040)
Sec. 5-32040.
Notice of award of contract.
A notice of such an award
of contract shall be published in one or more newspapers, designated by the
Committee in an order entered in its records, published in the county, or
if no newspaper is published therein, then in one or more newspapers with a
general circulation within the county.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32041
(55 ILCS 5/5-32041) (from Ch. 34, par. 5-32041)
Sec. 5-32041.
Failure or refusal of original bidder to enter into
contract. If such original bidder fails or refuses for 20 days after the
first publication of the notice of award, to enter into a contract which
shall be simultaneously executed by the proper county officials and signed
by the President of the Committee and attested by the county clerk, then
the Committee without further proceedings shall again advertise for
proposals of bids as in the first instance and award the contract for the
work to the then regular lowest bidder. The bids of all persons who have
failed to enter into the contract as herein provided shall be rejected in
any bidding or election subsequent to the first bid for the same work.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32042
(55 ILCS 5/5-32042) (from Ch. 34, par. 5-32042)
Sec. 5-32042.
Failure to complete work under contract within time
provided; performance bond. If the contractors, who may have taken any
contract, do not complete the work within the time mentioned in the
contract, or within such further time as the Committee may give them, the
Committee may relet the unfinished portions of that work, after pursuing
the formalities prescribed hereinbefore for the letting of the whole in the
first instance.
All contractors at the time of executing any contract for such public
work, shall execute a bond to the satisfaction and approval of the
Committee of the county in such a sum as the Committee deems adequate,
conditioned for the faithful performance of the contract. The sureties
shall justify, before some person competent to administer an oath, in
double the amount mentioned in that bond, over and above all statutory
exemptions.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32043
(55 ILCS 5/5-32043) (from Ch. 34, par. 5-32043)
Sec. 5-32043.
Certification of costs; excess of assessment over
costs.
Within 30 days after the final completion of the work, the Committee
shall have the costs thereof, including the cost of engineering services
certified in writing to the court in which the assessment was confirmed,
together with an amount as in this Division is provided for to
be required to pay the accruing interest on bonds or vouchers issued to
anticipate collection. Thereupon, if the total amount assessed for the
improvement exceeds the cost of the improvement, all of that excess, except
the amount required to pay such interest as is provided in this
Division shall be abated and the judgment reduced
proportionately, so that the property owners shall be credited pro rata
upon the respective assessment for the improvement under the direction of the court.
In case the assessment is collectible in the installments, this
reduction shall be made so that all installments shall be equal in amount,
except that all fractional amounts shall be added to the first installment
so as to leave the remaining installments in the aggregate equal in amount
and each a multiple of $100. If prior to the entry of the order abating and
reducing the assessment, the assessment has been certified for collection
and any of the installments of the assessment so certified for collection
have become due and payable, the reduction and abatement above referred to
shall be made pro rata upon the other installments. The intent and meaning
of this is that no property owner shall be required to pay to the collector
a greater amount than his proportionate share of the cost of the work and
of the interest that may accrue thereon.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32044
(55 ILCS 5/5-32044) (from Ch. 34, par. 5-32044)
Sec. 5-32044.
Hearing on certificate of costs.
In every assessment proceeding in which the assessment is divided into
installments, the Committee shall state in the certificate whether or not
the improvement conforms substantially to the requirements of the original
ordinance for the construction of the improvement, and shall make an
application to the court to consider and determine whether or not the facts
stated in the certificate are true. Thereupon the court, upon such an
application, shall fix a time and place for a hearing upon the application,
and shall record the application. The time of this hearing shall be not
less than 15 days after the filing of the certificate and application.
Public notice shall be given at least twice of the time and place fixed for
that hearing by publishing in a newspaper, in the same manner and for the
same period as provided in this Division for publishing notice
of application for the confirmation of the original assessment, the
publication of this notice to be not more than 30 nor less than 15 days
before the day fixed by the order for that hearing.
At the time and place fixed by the notice or at any time thereafter, the
court shall proceed to hear the application and any objection which may be
filed thereto within the time fixed in the order. Upon that hearing the
specified certificate of the Committee shall be prima facie evidence that
the matters and things stated above are true, but if any part thereof is
controverted by objections duly filed thereto, the court shall hear and
determine the objections in a summary manner and shall enter an order
according to the facts.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32045
(55 ILCS 5/5-32045) (from Ch. 34, par. 5-32045)
Sec. 5-32045.
Findings against allegations of certificate.
If, upon the hearing, the court finds against the allegations of the
certificate, it shall enter an order accordingly. The Committee shall then
procure the completion of the improvement in substantial accordance with
the ordinance. The Committee, from time to time, may file additional or
supplemental applications or petitions in respect thereto, until the court
eventually is satisfied that the allegations of the certificate or
application are true and that the improvement is constructed in substantial
accordance with the ordinance.
If before the entry of such an order upon such a certificate, there has
been issued to the contractor in the progress of any such work, bonds or
vouchers to apply upon the contract price thereof, that contractor or the
then owner or holder of those bonds or vouchers shall be entitled to
receive in lieu thereof new bonds or vouchers of equivalent amount, dated
and issued after the entry of that order.
(Source: P.A. 86-962.)
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