093_SB0153ham002

 










                                     LRB093 02569 MKM 16339 a

 1                    AMENDMENT TO SENATE BILL 153

 2        AMENDMENT NO.     .  Amend Senate Bill 153,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5. The Public Building Commission Act is amended
 6    by changing Sections 3 and 20 as follows:

 7        (50 ILCS 20/3) (from Ch. 85, par. 1033)
 8        Sec. 3. The following terms, wherever used,  or  referred
 9    to  in  this  Act, mean unless the context clearly requires a
10    different meaning:
11        (a)  "Commission"  means  a  Public  Building  Commission
12    created pursuant to this Act.
13        (b)  "Commissioner"   or    "Commissioners"    means    a
14    Commissioner   or   Commissioners   of   a   Public  Building
15    Commission.
16        (c)  "County seat" means a city, village or town which is
17    the county seat of a county.
18        (d)  "Municipality"   means   any   city,   village    or
19    incorporated town of the State of Illinois.
20        (e)  "Municipal  corporation"  includes  a  county, city,
21    village, town, (including  a  county  seat),  park  district,
22    school  district in a county of 3,000,000 or more population,
 
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 1    board of education of a school  district,  community  college
 2    district,  in  a  county  of  3,000,000  or  more population,
 3    sanitary district,  airport  authority  contiguous  with  the
 4    County  Seat  as of July 1, 1969 and any other municipal body
 5    or governmental agency of the State but does  not  include  a
 6    school  district  or  board of education of a school district
 7    that conducted an unsuccessful referendum within the 5  years
 8    immediately preceding action by the Commission in a county of
 9    less  than  3,000,000  population,  a board of education of a
10    school  district  in  a  county  of   less   than   3,000,000
11    population,  or  a  community college district in a county of
12    less than 3,000,000 population.
13        (f)  "Governing body" includes  a  city  council,  county
14    board, or any other body or board, by whatever name it may be
15    known, charged with the governing of a municipal corporation.
16        (g)  "Presiding  officer" includes the mayor or president
17    of a city, village or town, the presiding officer of a county
18    board, or  the  presiding  officer  of  any  other  board  or
19    commission, as the case may be.
20        (h)  "Oath" means oath or affirmation.
21        (i)  "Building" means an improvement to real estate to be
22    made  available  for  use  by a municipal corporation for the
23    furnishing of governmental services to its citizens, together
24    with any land or interest in  land  necessary  or  useful  in
25    connection with the improvement.
26    (Source: P.A. 88-304.)

27        (50 ILCS 20/20) (from Ch. 85, par. 1050)
28        Sec.  20.   All contracts to be let for the construction,
29    alteration, improvement, repair, enlargement,  demolition  or
30    removal   of  any  buildings  or  other  facilities,  or  for
31    materials or supplies  to  be  furnished,  where  the  amount
32    thereof  is  in excess of $25,000 $5,000, shall be let to the
33    lowest responsible bidder, or bidders,  on  open  competitive
 
                            -3-      LRB093 02569 MKM 16339 a
 1    bidding after public advertisement published at least once in
 2    each week for three consecutive weeks prior to the opening of
 3    bids,  in  a  daily  newspaper  of general circulation in the
 4    county where the commission is located. Nothing contained  in
 5    this  Section  shall  be  construed  to prohibit the Board of
 6    Commissioners  from  placing  additional  advertisements   in
 7    recognized  trade  journals.  Advertisements  for  bids shall
 8    describe the character of the proposed contract in sufficient
 9    detail to enable the  bidders  thereon  to  know  what  their
10    obligation will be, either in the advertisement itself, or by
11    reference to detailed plans and specifications on file in the
12    office  of  the Public Building Commission at the time of the
13    publication of the  first  announcement.  Such  advertisement
14    shall  also  state the date, time, and place assigned for the
15    opening of bids and no bids shall be  received  at  any  time
16    subsequent  to  the time indicated in said advertisement. The
17    Board of Commissioners may reject any and all  bids  received
18    and  readvertise  for  bids. All bids shall be open to public
19    inspection in the office of the  Public  Building  Commission
20    for  a period of at least forty-eight (48) hours before award
21    is made. The successful bidder for such work shall enter into
22    contracts  furnished  and  prescribed   by   the   Board   of
23    Commissioners  and  in  addition  to any other bonds required
24    under this Act the successful bidder shall execute  and  give
25    bond, payable to and to be approved by the Commission, with a
26    corporate  surety authorized to do business under the laws of
27    the State of Illinois, in an amount to be determined  by  the
28    Board  of  Commissioners, conditioned upon the payment of all
29    labor furnished and materials supplied in the prosecution  of
30    the  contracted  work.  If  the  bidder  whose  bid  has been
31    accepted shall neglect  or  refuse  to  accept  the  contract
32    within  five  (5) days after written notice that the same has
33    been awarded to him, or if he accepts but  does  not  execute
34    the contract and give the proper security, the Commission may
 
                            -4-      LRB093 02569 MKM 16339 a
 1    accept  the  next  lowest bidder, or readvertise and relet in
 2    manner above provided. In case any work shall be abandoned by
 3    any contractor the Commission may, if the best  interests  of
 4    the  Commission  be  thereby  served,  adopt on behalf of the
 5    Commission all subcontracts made by such contractor for  such
 6    work  and  all  such  sub-contractors  shall be bound by such
 7    adoption if made; and the Commission  shall,  in  the  manner
 8    provided  herein, readvertise and relet the work specified in
 9    the original contract exclusive of so much thereof  as  shall
10    be  accepted.  Every  contract when made and entered into, as
11    herein provided for, shall be executed in duplicate, one copy
12    of which shall be held by the Commission, and  filed  in  its
13    records,  and  one  copy  of  which  shall  be  given  to the
14    contractor.
15    (Source: P.A. 84-249.)

16        Section 10.  The Public Community College Act is  amended
17    by changing Section 3-27.1 as follows:

18        (110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
19        Sec.  3-27.1.  Contracts.   To  award  all  contracts for
20    purchase  of  supplies,  materials  or  work   involving   an
21    expenditure  in  excess  of $10,000 to the lowest responsible
22    bidder considering conformity with specifications,  terms  of
23    delivery,    quality,    and    serviceability;   after   due
24    advertisement, except the following: (a)  contracts  for  the
25    services   of   individuals   possessing  a  high  degree  of
26    professional skill  where  the  ability  or  fitness  of  the
27    individual  plays  an  important  part; (b) contracts for the
28    printing  of  finance  committee  reports  and   departmental
29    reports;  (c)  contracts  for  the  printing  or engraving of
30    bonds, tax warrants and other evidences of indebtedness;  (d)
31    contracts  for  materials and work which have been awarded to
32    the lowest responsible bidder after  due  advertisement,  but
 
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 1    due  to unforeseen revisions, not the fault of the contractor
 2    for materials and work, must be revised causing  expenditures
 3    not in excess of 10% of the contract price; (e) contracts for
 4    the maintenance or servicing of, or provision of repair parts
 5    for,  equipment  which  are  made  with  the  manufacturer or
 6    authorized  service  agent  of  that  equipment   where   the
 7    provision  of  parts,  maintenance,  or servicing can best be
 8    performed by the manufacturer or  authorized  service  agent;
 9    (f)  purchases and contracts for the use, purchase, delivery,
10    movement,  or  installation  of  data  processing  equipment,
11    software,   or   services    and    telecommunications    and
12    inter-connect   equipment,   software,   and   services;  (g)
13    contracts  for  duplicating  machines   and   supplies;   (h)
14    contracts  for  the  purchase of natural gas when the cost is
15    less than that offered by a public utility; (i) purchases  of
16    equipment  previously  owned  by  some  entity other than the
17    district  itself;  (j)  contracts  for  repair,  maintenance,
18    remodeling, renovation, or construction, or a single  project
19    involving  an  expenditure  not to exceed $25,000 $15,000 and
20    not involving a change or increase  in  the  size,  type,  or
21    extent  of  an  existing facility; (k) contracts for goods or
22    services  procured  from  another  governmental  agency;  (l)
23    contracts  for  goods  or  services  which  are  economically
24    procurable from only one source, such as for the purchase  of
25    magazines, books, periodicals, pamphlets and reports, and for
26    utility  services  such  as  water, light, heat, telephone or
27    telegraph; and (m) where funds are expended in  an  emergency
28    and  such  emergency  expenditure  is  approved by 3/4 of the
29    members of the board.
30        All  competitive  bids   for   contracts   involving   an
31    expenditure in excess of $10,000 must be sealed by the bidder
32    and  must be opened by a member or employee of the board at a
33    public bid opening at which the contents of the bids must  be
34    announced.  Each  bidder must receive at least 3 days' notice
 
                            -6-      LRB093 02569 MKM 16339 a
 1    of the time and place of such bid opening.  For  purposes  of
 2    this  Section  due advertisement includes, but is not limited
 3    to, at least one public notice at least 10  days  before  the
 4    bid  date  in a newspaper published in the district, or if no
 5    newspaper is published in the district,  in  a  newspaper  of
 6    general circulation in the area of the district.
 7        The provisions of this Section do not apply to guaranteed
 8    energy savings contracts entered into under Article V-A.
 9    (Source: P.A. 87-1023; 88-173.)".