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90_SB1521
55 ILCS 5/5-32036 from Ch. 34, par. 5-32036
65 ILCS 5/9-2-103 from Ch. 24, par. 9-2-103
65 ILCS 5/9-2-105 from Ch. 24, par. 9-2-105
65 ILCS 5/11-84-7 from Ch. 24, par. 11-84-7
70 ILCS 2405/22a.42 from Ch. 42, par. 317d.43
70 ILCS 2405/22a.44 from Ch. 42, par. 317d.45
70 ILCS 2805/80 from Ch. 42, par. 447.44
70 ILCS 2805/82 from Ch. 42, par. 447.46
Amends the Counties Code and the Illinois Municipal Code.
Provides that all proposals or bids for the construction of a
local improvement shall be accompanied by cash, a cashier's
check, a certified check, a comptroller's certificate of
moneys owed the particular vendor, or a bid bond with
adequate surety approved by the purchasing agent as a deposit
of good faith, in a reasonable amount, but not in excess of
10% of the contract amount (now cash or a check payable to
the order of the president of the board of local improvements
in his official capacity, certified by a responsible bank,
for an amount which shall not be less than 10% of the
aggregate of the proposal). Amends the Sanitary District Act
of 1917 and the Sanitary District Act of 1936 to provide that
all proposals or bids for the construction of local
improvements shall be accompanied by cash, a cashier's check,
a certified check, a comptroller's certificate of moneys owed
the particular vendor, or a bid bond with adequate surety
approved by the purchasing agent as a deposit of good faith,
in a reasonable amount, but not in excess of 10% of the
contract amount (now accompanied by bid bonds satisfactory to
the committee of local improvements). Effective immediately.
LRB9009364KDbd
LRB9009364KDbd
1 AN ACT concerning construction bids, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Section 5-32036 as follows:
6 (55 ILCS 5/5-32036) (from Ch. 34, par. 5-32036)
7 Sec. 5-32036. Notice for bids; examination of bids.
8 Notice shall be given by the Committee that bids will be
9 received for the construction of such an improvement, either
10 as a whole or in such sections as the Committee shall specify
11 in its notice, in accordance with the ordinance therefor.
12 This notice shall state the time of opening of the bids, and
13 shall further state where the specifications for the
14 improvement are to be found, and whether the contracts are to
15 be paid in cash or in bonds, and if in bonds, then the rate
16 of interest the vouchers or bonds shall draw. The notice
17 shall be published at least twice, not more than 30 nor less
18 than 15 days in advance of the opening of the bids, in one or
19 more newspapers published in the county as designated by the
20 Committee in an order entered in its records, or if no
21 newspaper is published therein then in one or more newspapers
22 with a general circulation within the county.
23 Proposals or bids may be made either for the work as a
24 whole or for specified sections thereof. All proposals or
25 bids shall be accompanied by cash, a cashier's check, a
26 certified check, a comptroller's certificate of moneys owed
27 the particular vendor, or a bid bond with adequate surety
28 approved by the purchasing agent as a deposit of good faith,
29 in a reasonable amount, but not in excess of 10% of the
30 contract amount or by a check payable to the order of the
31 Committee, certified by a responsible bank, for an amount
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1 which shall not be less than 10% of the aggregate of the
2 proposal. These proposals or bids shall be delivered to the
3 Committee. That committee, in open session, at the time and
4 place fixed in the specified notice, shall examine and
5 publicly declare the proposal or bids. However, no proposal
6 or bids shall be considered unless accompanied by such a
7 certified check, a cashier's check, a comptroller's
8 certificate of moneys owed to the vendor, a bid bond with
9 adequate surety, or cash.
10 (Source: P.A. 86-962.)
11 Section 10. The Illinois Municipal Code is amended by
12 changing Sections 9-2-103, 9-2-105, and 11-84-7 as follows:
13 (65 ILCS 5/9-2-103) (from Ch. 24, par. 9-2-103)
14 Sec. 9-2-103. Except as otherwise provided in Section
15 9-2-113, notice shall be given by the board of local
16 improvements that bids will be received for the construction
17 of such an improvement, either as a whole or in such sections
18 as the board shall specify in its notice, in accordance with
19 the ordinance therefor. This notice shall state the time of
20 opening of the bids, and shall further state where the
21 specifications for the improvement are to be found, and
22 whether the contracts are to be paid in cash or in bonds, and
23 if in bonds, then the rate of interest the vouchers or bonds
24 shall draw. The notice shall be published at least twice, not
25 more than 30 nor less than 15 days in advance of the opening
26 of the bids, in one or more newspapers designated by the
27 board of local improvements in an order entered in its
28 records, published in the municipality, or, if no newspaper
29 is published therein, then in one or more newspapers with a
30 general circulation within the municipality. In
31 municipalities with less than 500 population in which no
32 newspaper is published, publication may instead be made by
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1 posting a notice in 3 prominent places within the
2 municipality.
3 Proposals or bids may be made either for the work as a
4 whole or for specified sections thereof. All proposals or
5 bids offered shall be accompanied by cash, a cashier's check,
6 a certified check, a comptroller's certificate of moneys owed
7 the particular vendor, or a bid bond with adequate surety
8 approved by the purchasing agent as a deposit of good faith,
9 in a reasonable amount, but not in excess of 10% of the
10 contract amount or by a check payable to the order of the
11 president of the board of local improvements in his official
12 capacity, certified by a responsible bank, for an amount
13 which shall not be less than 10% of the aggregate of the
14 proposal. These proposals or bids shall be delivered to the
15 board of local improvements. That board, in open session, at
16 the time and place fixed in the specified notice, shall
17 examine and publicly declare the proposals or bids. However,
18 no proposals or bids shall be considered unless accompanied
19 by such a certified check, a cashier's check, a certified
20 check, a comptroller's certificate of moneys owed to the
21 vendor, a bid bond with adequate surety, or cash.
22 (Source: Laws 1961, p. 576.)
23 (65 ILCS 5/9-2-105) (from Ch. 24, par. 9-2-105)
24 Sec. 9-2-105. Except as otherwise provided in Section
25 9-2-113, the board of local improvements may reject any and
26 all proposals or bids, should they deem it best for the
27 public good. If the board is of the opinion that a
28 combination exists between contractors, either to limit the
29 number of bidders, or to increase the contract price, and
30 that the lowest bid is made in pursuance thereof, the board
31 shall reject all proposals or bids. The board may reject the
32 bid of any party who has been delinquent or unfaithful in any
33 former contract with the municipality. It shall reject all
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1 proposals or bids other than the lowest regular proposals or
2 bids of any responsible bidder and may award the contract for
3 the specified work or improvement to the lowest responsible
4 bidder at the prices named in his bid. Such an award shall be
5 recorded in the record of its proceedings. Such an award, if
6 any, shall be made within 20 days after the time fixed for
7 receiving bids.
8 If no award is made within that time, another
9 advertisement for proposals or bids for the performance of
10 the work, as in the first instance, shall be made, and
11 thereafter the board shall proceed in the manner above
12 provided in this Division 2. Such a re-advertisement shall be
13 deemed a rejection of all former bids, and thereupon the
14 respective cash, checks, certificates, and bonds
15 corresponding to the bids so rejected shall be returned to
16 the proper parties. However, the cash, check, certificate, or
17 bond accompanying any accepted proposal or bid shall be
18 retained in the possession of the president of the board
19 until the contract for doing the work, as hereinafter
20 provided, has been entered into either by the lowest
21 responsible bidder or by the owners of a majority of the
22 frontage, whereupon the cash certified check, certificate, or
23 bond shall be returned to the bidder. But if that bidder
24 fails, neglects, or refuses to enter into a contract to
25 perform that work or improvement, as provided in this
26 Division 2, the cash certified check, certificate, or bond
27 accompanying his bid and the amount therein mentioned, shall
28 be declared to be forfeited to the municipality, and shall be
29 collected by it and paid into its fund for the repairing and
30 maintenance of like improvements. Any bond forfeited may be
31 prosecuted, and the amount due thereon collected and paid
32 into the same fund.
33 (Source: Laws 1961, p. 576.)
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1 (65 ILCS 5/11-84-7) (from Ch. 24, par. 11-84-7)
2 Sec. 11-84-7. Except as herein otherwise provided for
3 municipalities of more than 500,000 population, all contracts
4 for the construction or repair of sidewalks as provided in
5 this Division 84, when the expense thereof exceeds $1,500,
6 shall be let to the lowest responsible bidder in the
7 following manner: Notice shall be given by the officer or
8 board designated in the ordinance to take charge of the
9 construction or repair and supervision of a sidewalk, by
10 advertisement at least twice, not more than 30 nor less than
11 15 days in advance of the day of opening the bids, that bids
12 will be received for the construction or repair of that
13 sidewalk in accordance with the ordinance therefor, in one or
14 more newspapers published within the municipality, or if no
15 newspaper is published therein, then in one or more
16 newspapers with a general circulation within the
17 municipality. In municipalities with less than 500 population
18 in which no newspaper is published, publication may instead
19 be made by posting a notice in 3 prominent places within the
20 municipality. The notice shall state the time of opening the
21 bids. All bids offered shall be accompanied by cash, a
22 cashier's check, a certified check, a comptroller's
23 certificate of moneys owed the particular vendor, or a bid
24 bond with adequate surety approved by the purchasing agent as
25 a deposit of good faith, in a reasonable amount, but not in
26 excess of 10% of the contract amount or a check payable to
27 the order of the officer or board having charge of the
28 improvement, and certified by a responsible bank, for an
29 amount which shall not be less than 10% of the aggregate of
30 the bid. All contracts shall be approved by the officer, or
31 the presiding officer of the board, having the supervision of
32 the construction or repair of that sidewalk.
33 In municipalities of more than 500,000 population, the
34 letting of contracts for the construction or repair of
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1 sidewalks as provided in this Division 84 shall be governed
2 by the provisions of Division 10 of Article 8.
3 (Source: Laws 1961, p. 576.)
4 Section 15. The Sanitary District Act of 1917 is amended
5 by changing Sections 22a.42 and 22a.44 as follows:
6 (70 ILCS 2405/22a.42) (from Ch. 42, par. 317d.43)
7 Sec. 22a.42. Notice for letting contracts and bids.
8 Except as otherwise provided in Section 9-2-113 of the
9 Illinois Municipal Code, as now or hereafter amended, notice
10 shall be given by the committee of local improvements that
11 bids will be received for the construction of such an
12 improvement, either as a whole or in such sections as the
13 committee shall specify in its notice, in accordance with the
14 ordinance therefor. This notice shall state the time of
15 opening of the bids, and shall further state where the
16 specifications for the improvement are to be found, and
17 whether the contracts are to be paid in cash, vouchers or
18 bonds, and if in vouchers or bonds, then the rate of interest
19 the vouchers or bonds shall draw. The notice shall be
20 published at least twice, not more than 30 nor less than 15
21 days in advance of the opening of the bids, in one or more
22 newspapers designated by the committee with a general
23 circulation within the district.
24 Proposals or bids may be made either for the work as a
25 whole or for specified sections thereof if permitted by the
26 specifications which are part of the ordinance. All
27 proposals or bids offered shall be accompanied by cash, a
28 cashier's check, a certified check, a comptroller's
29 certificate of moneys owed the particular vendor, or a bid
30 bond with adequate surety approved by the purchasing agent as
31 a deposit of good faith, in a reasonable amount, but not in
32 excess of 10% of the contract amount a bid bond satisfactory
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1 to the committee. These proposals or bids shall be delivered
2 to the committee, and at the time and place fixed in the
3 specified notice the committee's engineer or his delegate
4 shall examine and publicly declare the proposals or bids.
5 (Source: P.A. 85-1137.)
6 (70 ILCS 2405/22a.44) (from Ch. 42, par. 317d.45)
7 Sec. 22a.44. Acceptance of bid, contract and forfeiture.
8 Except as otherwise provided in Section 9-2-113 of the
9 Illinois Municipal Code, as now or hereafter amended, the
10 committee of local improvements may reject any and all
11 proposals or bids should they deem it best for the public
12 good. If the committee is of the opinion that a combination
13 exists between contractors, either to limit the number of
14 bidders, or to increase the contract price, and that the
15 lowest bid is made in pursuance thereof, the committee shall
16 reject all proposals or bids. The committee may reject the
17 bid of any party who does not have sufficient financial
18 responsibility, equipment or manpower to perform the
19 contract, or who has performed unsatisfactorily in completing
20 other projects for the district. It shall reject all
21 proposals or bids other than the lowest regular proposals or
22 bids of any responsible bidder and may award the contract for
23 the specified work or improvement to the lowest responsible
24 bidder at the prices named in his bid. Such an award shall be
25 recorded in the record of its proceedings. Such an award, if
26 any, shall be made within 90 days after the time fixed for
27 receiving bids or such longer or shorter period of time as
28 may be specified in the district's bid documents.
29 If no award is made within that time, another
30 advertisement for proposals or bids for the performance of
31 the work, as in the first instance, may be made, and
32 thereafter the committee shall proceed in the manner above
33 provided in this Act. Such a readvertisement shall be deemed
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1 a rejection of all former bids, and thereupon the cash,
2 checks, certificates, or bonds corresponding to the bids so
3 rejected shall be returned to the proper parties. However,
4 the cash, check, certificate, or bid bond accompanying any
5 accepted proposal or bid may be retained in the possession of
6 the district until the contract for doing the work, as
7 hereinafter provided, has been entered into by the lowest
8 responsible bidder. But if that bidder fails, neglects or
9 refuses to enter into a contract to perform the work or
10 improvement, as provided in this Act, the cash, check,
11 certificate, or bond accompanying his bid and the amount
12 therein mentioned, shall be declared to be forfeited to the
13 district and shall be collected by it and paid into its fund
14 for the repairing and maintenance of like improvements. Any
15 bond forfeited may be prosecuted and the amount due thereon
16 collected and paid into the same fund.
17 (Source: P.A. 85-1137.)
18 Section 20. The Sanitary District Act of 1936 is amended
19 by changing Sections 80 and 82 as follows:
20 (70 ILCS 2805/80) (from Ch. 42, par. 447.44)
21 Sec. 80. Notice for letting contracts and bids. Except
22 as otherwise provided in Section 9-2-113 of the Illinois
23 Municipal Code, as now or hereafter amended, notice shall be
24 given by the committee of local improvements that bids will
25 be received for the construction of such an improvement,
26 either as a whole or in such sections as the committee shall
27 specify in its notice, in accordance with the ordinance
28 therefor. This notice shall state the time of opening of the
29 bids, and shall further state where the specifications for
30 the improvement are to be found, and whether the contracts
31 are to be paid in cash, vouchers or bonds, and if in vouchers
32 or bonds, then the rate of interest the vouchers or bonds
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1 shall draw. The notice shall be published at least twice,
2 not more than 30 nor less than 15 days in advance of the
3 opening of the bids, in one or more newspapers designated by
4 the committee with a general circulation within the district.
5 Proposals or bids may be made either for the work as a
6 whole or for specified sections thereof if permitted by the
7 specifications which are part of the ordinance. All
8 proposals or bids offered shall be accompanied by cash, a
9 cashier's check, a certified check, a comptroller's
10 certificate of moneys owed the particular vendor, or a bid
11 bond with adequate surety approved by the purchasing agent as
12 a deposit of good faith, in a reasonable amount, but not in
13 excess of 10% of the contract amount a bid bond satisfactory
14 to the committee. These proposals or bids shall be delivered
15 to the committee, and at the time and place fixed in the
16 specified notice the committee's engineer or his delegate
17 shall examine and publicly declare the proposals or bids.
18 (Source: P.A. 85-1137.)
19 (70 ILCS 2805/82) (from Ch. 42, par. 447.46)
20 Sec. 82. Acceptance of bid, contract and forfeiture.
21 Except as otherwise provided in Section 9-2-113 of the
22 Illinois Municipal Code, as now or hereafter amended, the
23 committee of local improvements may reject any and all
24 proposals or bids should they deem it best for the public
25 good. If the committee is of the opinion that a combination
26 exists between contractors, either to limit the number of
27 bidders, or to increase the contract price, and that the
28 lowest bid is made in pursuance thereof, the committee shall
29 reject all proposals or bids. The committee may reject the
30 bid of any party who does not have sufficient financial
31 responsibility, equipment or manpower to perform the
32 contract, or who has performed unsatisfactorily in completing
33 other projects for the district. It shall reject all
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1 proposals or bids other than the lowest regular proposals or
2 bids of any responsible bidder and may award the contract for
3 the specified work or improvement to the lowest responsible
4 bidder at the prices named in his bid. Such an award shall be
5 recorded in the record of its proceedings. Such an award, if
6 any, shall be made within 90 days after the time fixed for
7 receiving bids or such longer or shorter period of time as
8 may be specified in the district's bid documents.
9 If no award is made within that time, another
10 advertisement for proposals or bids for the performance of
11 the work, as in the first instance, may be made, and
12 thereafter the committee shall proceed in the manner above
13 provided in this Act. Such a readvertisement shall be deemed
14 a rejection of all former bids, and thereupon the cash,
15 checks, certificates, or bonds corresponding to the bids so
16 rejected shall be returned to the proper parties. However,
17 the cash, check, certificate, or bid bond accompanying any
18 accepted proposal or bid may be retained in the possession of
19 the district until the contract for doing the work, as
20 hereinafter provided, has been entered into by the lowest
21 responsible bidder. But if that bidder fails, neglects or
22 refuses to enter into a contract to perform the work or
23 improvement, as provided in this Act, the cash, check,
24 certificate, or bond accompanying his bid and the amount
25 therein mentioned, shall be declared to be forfeited to the
26 district and shall be collected by it and paid into its fund
27 for the repairing and maintenance of like improvements. Any
28 bond forfeited may be prosecuted and the amount due thereon
29 collected and paid into the same fund.
30 (Source: P.A. 85-1137.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.