Public Act 093-0491
Public Act 93-0491 of the 93rd General Assembly
Public Act 93-0491
SB1383 Enrolled LRB093 09848 BDD 10096 b
AN ACT in relation to civic centers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Civic Center Code is amended by changing
Sections 2-125, 2-126, 2-127, 2-128, 25-55, 55-45, 90-35,
105-45, 140-50, 155-55, 170-50, 200-50, 205-75, 215-55,
240-50, and 280-80 as follows:
(70 ILCS 200/2-125)
Sec. 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. All contracts for
the sale of property of the value of more than $10,000 $2,500
or for a concession in or lease of property, including air
rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $10,000 $2,500, shall be
let to the lowest responsible bidder after advertising for
bids, excepting (1) when repair parts, accessories, equipment
or services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of
accountants, architects, attorneys, engineers, physicians,
superintendents of construction, and others possessing a high
degree of skill; and (3) when services such as water, light,
heat, power, telephone or telegraph are required.
All contracts involving less than $10,000 $2,500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible, and in any event in a manner calculated to
ensure the best interests of the public. Competitive bidding
is not required for the lease of real estate or buildings
owned or controlled by the Authority. The Board is empowered
to offer such leases upon such terms as it deems advisable.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 5 members of the
Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office
of the Authority and open to public inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/2-126)
Sec. 2-126. Contracts; award to other than highest or
lowest bidder by vote of 4 Board members. All contracts for
the sale of property of the value of more than $10,000 $2,500
or for a concession in or lease of property including air
rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $10,000 $2,500, shall be
let to the lowest responsible bidder, after advertising for
bids, excepting (1) when repair parts, accessories, equipment
or services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $10,000 $2,500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible, and in any event in a manner calculated to
ensure the best interests of the public. Competitive bidding
is not required for the lease of real estate or buildings
owned or controlled by the Authority. The Board is empowered
to offer such leases upon such terms as it deems advisable.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 4 members of the
Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office
of the Authority and open to public inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/2-127)
Sec. 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. All contracts for sale of
property of the value of more than $10,000 $2500, or for a
concession in or lease of property, including air rights, of
the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $10,000 $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except: (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 $2500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible, and in any event in a manner calculated to
ensure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contract be awarded to any other than the
highest bidder (in case of sale, concession or lease) or the
lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 4/5 of the
members of the Board, and unless such action is accompanied
by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the
case may be, which statement shall be kept on file in the
principal office of the Authority and open to public
inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/2-128)
Sec. 2-128. Contracts; award to other than highest or
lowest bidder by three-fourths vote. All contracts for the
sale of property of the value of more than $10,000 $2,500 or
for any concession in or lease of property of the Authority
for a term of more than one year shall be awarded to the
highest responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment and services, when the expense thereof will exceed
$10,000 $2,500, shall be let to the lowest responsible
bidder, after advertising for bids, excepting (1) when repair
parts, accessories, equipment or services are required for
equipment or services previously furnished or contracted for;
(2) when the nature of the services required is such that
competitive bidding is not in the best interest of the
public, including, without limiting the generality of the
foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 $2,500 shall be
let by competitive bidding whenever possible, and in any
event in a manner calculated to ensure the best interests of
the public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
"Retailers' Occupation Tax Act", approved June 28, 1933, as
amended, there shall be added an amount equal to the tax
which would be payable under said Act, if applicable, and the
lowest in amount of said adjusted bids and bids for sales the
gross receipts of which are taxable under said Act shall be
considered the lowest bid; provided, that, if said lowest bid
relates to a sale not taxable under said Act, any contract
entered into thereon shall be in the amount of the original
bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $10,000 $2,500 for the purposes of
avoiding the provisions of this Section, and all such split
contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of
competition, by agreement to bid a fixed amount or to refrain
from bidding or otherwise, the bids of such bidders shall be
void. Each bidder shall accompany his bid with a sworn
statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/25-55)
Sec. 25-55. Contracts.
(a) All contracts for the sale of property of a value of
more than $10,000 $5,000 or for a concession in or lease of
property, including air rights, of the Committee for a term
of more than one year shall be awarded to the highest
responsible bidder after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment, and services, when the expense will exceed $10,000
$5,000, shall be let to the lowest responsible bidder after
advertising for bids, except (i) when repair parts,
accessories, equipment, or services are required for
equipment or services previously furnished or contracted for,
(ii) when the nature of the services required is such that
competitive bidding is not in the best interest of the
public, including without limitation the services of
accountants, architects, attorneys, engineers, physicians,
superintendents of construction, and others possessing a high
degree of skill, and (iii) when services such as water,
light, heat, power, telephone, or telegraph are required.
(b) All contracts involving less than $10,000 $5,000
shall be let by competitive bidding to the lowest responsible
bidder whenever possible and, in any event, in a manner
calculated to ensure the best interests of the public.
Competitive bidding is not required for the lease of real
estate or buildings owned or controlled by the Committee.
The Committee is empowered to offer those leases upon terms
it deems advisable.
(c) In determining the responsibility of any bidder, the
Committee may take into account the past records of dealings
with the bidder, the bidder's experience, adequacy of
equipment, and ability to complete performance within the
time set, and other factors besides financial responsibility,
but in no case shall any contracts be awarded to any other
than the highest bidder (in case of sale, concession, or
lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at
least 7 members of the Committee and unless the action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Committee and
open to public inspection.
(d) Members of the Committee, officers and employees of
the Committee, and their relatives within the third degree of
consanguinity by the terms of the civil law are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies, or equipment.
(e) The Committee shall have the right to reject all
bids and to readvertise for bids. If no responsible and
satisfactory bid within the terms of the advertisement is
received, the Committee may award the contract without
competitive bidding if the contract is not less advantageous
to the Committee than any valid bid received in response to
advertisement.
(f) The Committee shall adopt rules and regulations to
carry into effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/55-45)
Sec. 55-45. Contracts. All contracts for the sale of
property of the value of more than $10,000 $2,500 or for a
concession in or lease of property including air rights of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $10,000 $2,500, shall be let to the
lowest responsible bidder after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 $2,500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible and, in any event, in a manner calculated
to insure the best interests of the public. Competitive
bidding is not required for the lease of real estate or
buildings owned or controlled by the Authority. The Board is
empowered to offer such leases upon such terms as it deems
advisable.
In determining the responsibility of any bidder, the
Board may take into account the past records of dealings with
the bidder, experience, adequacy of equipment, ability to
complete performance within the time set, and other factors
besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest
bidder (in case of sale, concession or lease) or the lowest
bidder (in case of purchase or expenditure) unless authorized
or approved by a vote of at least a majority of all the
appointed members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
Members of the Board, officers and employees of the
Authority and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid within the terms of the
advertisement shall be received, the Board may award such
contract without competitive bidding provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/90-35)
Sec. 90-35. Contracts; award to other than highest or
lowest bidder by vote of 3 Board members.
(a) All contracts for the sale of property of a value of
more than $10,000 $2,500 or for a concession in or lease of
property, including air rights, of the Authority for a term
of more than one year shall be awarded to the highest
responsible bidder after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment, and services, when the expense will exceed $10,000
$2,500, shall be let to the lowest responsible bidder after
advertising for bids, except (i) when repair parts,
accessories, equipment, or services are required for
equipment or services previously furnished or contracted for,
(ii) when the nature of the services required is such that
competitive bidding is not in the best interest of the
public, including without limitation the services of
accountants, architects, attorneys, engineers, physicians,
superintendents of construction, and others possessing a high
degree of skill, and (iii) when services such as water,
light, heat, power, telephone, or telegraph are required.
(b) All contracts involving less than $10,000 $2,500
shall be let by competitive bidding to the lowest responsible
bidder whenever possible and, in any event, in a manner
calculated to ensure the best interests of the public.
Competitive bidding is not required for the lease of real
estate or buildings owned or controlled by the Authority.
The Board is empowered to offer those leases upon terms it
deems advisable.
(c) In determining the responsibility of any bidder, the
Board may take into account the past records of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any contracts be awarded to any other than the
highest bidder (in case of sale, concession, or lease) or the
lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 3 members of the
Board and unless the action is accompanied by a statement in
writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office
of the Authority and open to public inspection.
(d) Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies, or equipment.
(e) The Board shall have the right to reject all bids
and to readvertise for bids. If no responsible and
satisfactory bid within the terms of the advertisement is
received, the Board may award the contract without
competitive bidding if the contract is not less advantageous
to the Authority than any valid bid received in response to
advertisement.
(f) The Board shall adopt rules and regulations to carry
into effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/105-45)
Sec. 105-45. Contracts; bidding. All contracts for sale
of property of the value of more than $10,000 $2500 or for a
concession in or lease of property, including air rights, of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $10,000 $2500, shall be let to the lowest
responsible bidder, after advertising for bids, excepting (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 $2500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible, and in any event in a manner calculated to
ensure the best interests of the public.
Competitive bidding is not required for the lease of real
estate or buildings owned or controlled by the Authority.
The Board is empowered to offer such leases upon such terms
as it deems advisable.
In determining the responsibility of any bidder, the
Board may take in account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 4/5 of the
members of the Board, and unless such action is accompanied
by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the
case may be, which statement shall be kept on file in the
principal office of the Authority and open to public
inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/140-50)
Sec. 140-50. Contracts.
(a) All contracts for the sale of property of a value of
more than $10,000 $2,500 or for a concession in or lease of
property, including air rights, of the Authority for a term
of more than one year shall be awarded to the highest
responsible bidder after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment, and services, when the expense will exceed $10,000
$2,500, shall be let to the lowest responsible bidder after
advertising for bids, except (i) when repair parts,
accessories, equipment, or services are required for
equipment or services previously furnished or contracted for,
(ii) when the nature of the services required is such that
competitive bidding is not in the best interest of the
public, including without limitation the services of
accountants, architects, attorneys, engineers, physicians,
superintendents of construction, and others possessing a high
degree of skill, and (iii) when services such as water,
light, heat, power, telephone, or telegraph are required.
(b) All contracts involving less than $10,000 $2,500
shall be let by competitive bidding to the lowest responsible
bidder whenever possible and, in any event, in a manner
calculated to ensure the best interests of the public.
Competitive bidding is not required for the lease of real
estate or buildings owned or controlled by the Authority.
The Board is empowered to offer those leases upon terms it
deems advisable.
(c) In determining the responsibility of any bidder, the
Board may take into account the past records of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any contracts be awarded to any other than the
highest bidder (in case of sale, concession, or lease) or the
lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 5 members of the
Board and unless the action is accompanied by a statement in
writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office
of the Authority and open to public inspection.
(d) Members of the Board, officers and employees of the
Authority, and their relatives within the third degree of
consanguinity by the terms of the civil law are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies, or equipment.
(e) The Board shall have the right to reject all bids
and to readvertise for bids. If no responsible and
satisfactory bid within the terms of the advertisement is
received, the Board may award the contract without
competitive bidding if the contract is not less advantageous
to the Authority than any valid bid received in response to
advertisement.
(f) The Board shall adopt rules and regulations to carry
into effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/155-55)
Sec. 155-55. Contracts. All contracts for sale of
property of the value of more than $10,000 $2,500, or for a
concession in or lease of property, including air rights, of
the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $10,000 $2,500, shall be let to the
lowest responsible bidder, after advertising for bids,
except: (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, financial advisors,
investment bankers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 $2,500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible, and in any event in a manner calculated to
ensure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contract be awarded to any other than the
highest bidder (in case of sale, concession or lease) or the
lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 5 of the members
of the Board, and unless such action is accompanied by a
statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the
case may be, which statement shall be kept on file in the
principal office of the Authority and open to public
inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/170-50)
Sec. 170-50. Contracts. All contracts for sale of
property of the value of more than $10,000 $2500 or for an
concession in or lease of property, including air rights, of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $10,000 $2500, shall be let to the lowest
responsible bidder, after advertising for bids, excepting (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 $2500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible, and in any event in a manner calculated to
ensure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
Retailers' Occupation Tax Act, there shall be added an amount
equal to the tax which would be payable under said Act, if
applicable, and the lowest in amount of said adjusted bids
and bids for sales the gross receipts of which are taxable
under said Act shall be considered the lowest bid; provided,
that, if said lowest bid relates to a sale not taxable under
said Act, any contract entered into thereon shall be in the
amount of the original bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $10,000 $2500 for the purposes of
avoiding the provisions of this Section, and all such split
contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of
competition, by agreement to bid a fixed amount or to refrain
from bidding or otherwise, the bids of such bidders shall be
void. Each bidder shall accompany his bid with a sworn
statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/200-50)
Sec. 200-50. Contracts. All contracts for sale of
property of the value of more than $10,000 $2500 or for any
concession in or lease of property, including air rights, of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $10,000 $2500, shall be let to the lowest
responsible bidder, after advertising for bids, excepting (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 $2500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible, and in any event in a manner calculated to
ensure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take in account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
Retailers' Occupation Tax Act, there shall be added an amount
equal to the tax which would be payable under said Act, if
applicable, and the lowest in amount of said adjusted bids
and bids for sales the gross receipts of which are taxable
under said Act shall be considered the lowest bid; provided,
that, if said lowest bid relates to a sale not taxable under
said Act, any contract entered into thereon shall be in the
amount of the original bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $10,000 $2500 for the purposes of
avoiding the provisions of this Section, and all such split
contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of
competition, by agreement to bid a fixed amount or to refrain
from bidding or otherwise, the bids of such bidders shall be
void. Each bidder shall accompany his bid with a sworn
statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-75)
Sec. 205-75. Bidding; advertisement. All contracts to be
let for the construction, alteration, improvement, repair,
enlargement, demolition or removal of any buildings or their
facilities, or for materials or supplies to be furnished,
where the amount thereof is in excess of $10,000 $2,500.00
shall be let to the lowest responsible bidder, or bidders on
open competitive bidding after public advertisement published
at least once in each week for 3 consecutive weeks prior to
the opening of bids, in a daily newspaper of general
circulation in the county where the Authority is located,
except (i) when repair parts, accessories, equipment, or
services are required for equipment or services previously
furnished or contracted for or (ii) when the nature of the
services is such that competitive bidding is not in the best
interest of the public. Nothing contained in this Section
shall be construed to prohibit the Board of Commissioners
from placing additional advertisements in recognized trade
journals. Advertisements for bids shall describe the
character of the proposed contract in sufficient detail to
enable the bidders thereon to know what their obligation will
be, either in the advertisement itself, or by reference to
detailed plans and specifications on file in the office of
the Peoria Civic Center Authority at the time of the
publication of the first announcement. Such advertisement
shall also state the date, time, and place assigned for the
opening of bids and no bids shall be received at any time
subsequent to the time indicated in said advertisement. The
Board of Commissioners may reject any and all bids received
and readvertise for bids. All bids shall be open to public
inspection in the office of the Peoria Civic Center Authority
for a period of at least 48 hours before award is made. In
determining the responsibility of any bidder, the Board may
consider the bidder's past record of dealings, experience,
adequacy of equipment, ability to timely complete
performance, and other factors besides financial
responsibility. In no case, however, shall any contract be
awarded to any bidder other than the lowest bidder unless
authorized or approved by the affirmative vote of at least 5
members of the board and unless the award is accompanied by a
statement in writing setting forth the reasons for not
awarding the contract to the lowest bidder, which must be
kept on file in the office of the Authority and be open to
the public for inspection. The successful bidder for such
work shall enter into contracts furnished and prescribed by
the Board of Commissioners and in addition to any other bonds
required under this Article the successful bidder shall
execute and give bond, payable to and to be approved by the
Authority, with a corporate surety authorized to do business
under the laws of the State of Illinois, in an amount to be
determined by the Board of Commissioners, conditioned upon
the payment of all labor furnished and materials supplied in
the prosecution of the contracted work. If the bidder whose
bid has been accepted shall neglect or refuse to accept the
contract within 5 days after written notice that the same has
been awarded to him, or if he accepts but does not execute
the contract and give proper security, the Authority may
accept the next lowest bidder, or readvertise and relet in
manner above provided.
In case any work shall be abandoned by any contractor the
Authority may, if the best interest of the Authority be
thereby served, adopt on behalf of the Authority all
sub-contracts made by such contractor for such contractor for
such work and all sub-contractors shall be bound by such
adoption if made; and the Authority shall, in the manner
provided herein, readvertise and relet the work specified in
the original contract exclusive of so much thereof as shall
be accepted. Every contract, when made and entered into, as
herein provided for, shall be executed in duplicate, one copy
of which shall be held by the Authority, and filed in its
records and one copy of which shall be given to the
contractor.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/215-55)
Sec. 215-55. Contracts. All contracts for the sale of
property of the value of more than $10,000 $2500 or for any
concession in or lease of property, including air rights, of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $10,000 $2500, shall be let to the lowest
responsible bidder, after advertising for bids, excepting (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 $2500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible, and in any event in a manner calculated to
ensure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
Retailers' Occupation Tax Act, there shall be added an amount
equal to the tax which would be payable under said Act, if
applicable, and the lowest in amount of said adjusted bids
and bids for sales the gross receipts of which are taxable
under said Act shall be considered the lowest bid; provided,
that, if said lowest bid relates to a sale not taxable under
said Act, any contract entered into thereon shall be in the
amount of the original bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $10,000 $2500 for the purposes of
avoiding the provisions of this Section, and all such split
contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of
competition, by agreement to bid a fixed amount or to refrain
from bidding or otherwise, the bids of such bidders shall be
void. Each bidder shall accompany his bid with a sworn
statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/240-50)
Sec. 240-50. Contracts. All contracts for sale of
property of the value of more than $10,000 $2500 or for an
concession in or lease of property including air rights, of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $10,000 $2500, shall be let to the lowest
responsible bidder, after advertising for bids, excepting (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 $2500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible, and in any event in a manner calculated to
ensure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take in account the past record of dealings with
the bidder, experience, adequacy of equipment, ability to
complete performance within the time set, and other factors
besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest
bidder (in case of sale, concession or lease) or the lowest
bidder (in case of purchase or expenditure) unless authorized
or approved by the affirmative vote of at least 6 of the
members of the Board present at a meeting at which a quorum
is present, and unless such action is accompanied by a
statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the
case may be, which statement shall be kept on file in the
principal office of the Authority and open to public
inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
Retailers' Occupation Tax Act, there shall be added an amount
equal to the tax which would be payable under said Act, if
applicable, and the lowest in amount of said adjusted bids
and bids for sales the gross receipts of which are taxable
under said Act shall be considered the lowest bid; provided,
that, if said lowest bid relates to a sale not taxable under
said Act, any contract entered into thereon shall be in the
amount of the original bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $10,000 $2500 for the purposes of
avoiding the provisions of this Section, and all such split
contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of
competition, by agreement to bid a fixed amount or to refrain
from bidding or otherwise, the bids of such bidders shall be
void. Each bidder shall accompany his bid with a sworn
statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/280-80)
Sec. 280-80. Contracts; bidding. All contracts for the
sale of property of the value of more than $10,000 $2500 or
for any concession in or lease of property of the Authority
for a term of more than one year shall be awarded to the
highest responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment and services, when the expense thereof will exceed
$10,000 $2500, shall be let to the lowest responsible bidder,
after advertising for bids excepting (1) when repair parts,
accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when
the nature of the services required is such that competitive
bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the
services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others
possessing a high degree of skill; and (3) when services such
as water, light, heat, power, telephone or telegraph are
required.
All contracts involving less than $10,000 $2500 shall be
let by competitive bidding whenever possible, and in any
event in a manner calculated to ensure the best interests of
the public.
Competitive bidding is not required for the lease of real
estate or buildings owned or controlled by the Authority on
July 13, 1982 (the effective date of Public Act 82-786). The
Board is empowered to offer such leases upon such terms as it
deems advisable.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
"Retailers' Occupation Tax Act", approved June 28, 1933, as
amended, there shall be added an amount equal to the tax
which would be payable under said Act, if applicable, and the
lowest in amount of said adjusted bids and bids for sales the
gross receipts of which are taxable under said Act shall be
considered the lowest bid; provided, that, if said lowest bid
relates to a sale not taxable under said Act, any contract
entered into thereon shall be in the amount of the original
bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $10,000 $2500 for the purposes of
avoiding the provisions of this Section, and all such split
contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of
competition, by agreement to bid a fixed amount or to refrain
from bidding or otherwise, the bids of such bidders shall be
void. Each bidder shall accompany his bid with a sworn
statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction of maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
Effective Date: 1/1/2004
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