Public Act 096-0592
 
HB2435 Enrolled LRB096 08559 AJT 18682 b

    AN ACT concerning the Illinois State Toll Highway
Authority.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Toll Highway Act is amended by changing
Sections 16 and 16.1 as follows:
 
    (605 ILCS 10/16)  (from Ch. 121, par. 100-16)
    Sec. 16. All contracts let for the construction of any work
authorized to be done under the provisions of the Act, where
the amount thereof is in excess of a small purchase amount, as
defined in Section 20-20 of the Illinois Procurement Code, the
sum of $10,000, shall be let to the lowest responsible bidder,
or bidders, on open, competitive bidding after public
advertisement made at least 15 days prior to the opening of
bids, in the Illinois Procurement Bulletin, in a newspaper of
general circulation published in each of the seven largest
cities of the State, as determined by the last preceding
Federal census, in such manner and at such intervals, as may be
prescribed by the Authority except for contracts for the
completion of a terminated or defaulted contract. The
successful bidders for such work shall enter into contracts
furnished and prescribed by the Authority. Such contracts shall
contain a provision that such successful bidder shall indemnify
and save harmless the State of Illinois for any accidental
injuries or damages arising out of his negligence in the
performance of such contract, and shall, and in addition,
execute and give bonds, payable to the Authority, with a
corporate surety authorized to do business under the laws of
the State of Illinois, equal to at least 50% of the contract
price, one conditioned upon faithful performance of the
contract and the other for the payment of all labor furnished
and materials supplied in the prosecution of the contracted
work.
(Source: P.A. 86-1164.)
 
    (605 ILCS 10/16.1)  (from Ch. 121, par. 100-16.1)
    Sec. 16.1. (A) All contracts for services or supplies
required from time to time by the Authority in the maintenance
and operation of any toll highway or part thereof under the
provisions of this Act or all direct contracts for supplies to
be used in the construction of any toll highway or part thereof
to be awarded under this Section, rather than as a part of a
contract pursuant to Section 16 of this Act, when the amount of
any such supplies or services is in excess of a small purchase
amount, as defined in Section 20-20 of the Illinois Procurement
Code, the sum of $7,500 shall be let to the lowest responsible
bidder or bidders, on open, competitive bidding after public
advertisement made at least 5 days prior to the opening of
bids, in the Illinois Procurement Bulletin, in a newspaper of
general circulation in any city of over 500,000 population, or
in any county through which the tollway passes, in such manner
and on one or more occasions as may be prescribed by the
Authority, except that bidding shall not be required in the
following cases:
        1. Where the goods or services to be procured are
    economically procurable from only one source, such as
    contracts for telephone service, electric energy and other
    public utility services, housekeeping services, books,
    pamphlets and periodicals and specially designed business
    equipment and software.
        2. Where the services required are for professional,
    technical or artistic skills.
        3. Where the services required are for advertising,
    promotional and public relations services.
        4. In emergencies, provided that an affidavit of the
    person or persons authorizing the expenditure shall be
    filed with the Authority and the Auditor General within 10
    days after such authorization setting forth the conditions
    and circumstances requiring the emergency purchase, the
    amount expended and the name of the vendor or contractor
    involved; if only an estimate is available, however, within
    the 10 days allowed for filing the affidavit, the actual
    cost shall be reported immediately after it is determined.
        5. In case of expenditures for personal services.
        6. Contracts for equipment and spare parts in support
    thereof for the maintenance and operation of any toll
    highway, or any part thereof, whenever, the Authority
    shall, by resolution, declare and find that a particular
    make and type of equipment is required for efficient
    maintenance and operation and proper servicing, for
    uniformity in and integration with the spare parts program
    and inventory control, or for other reasons peculiar to the
    problems of the toll highway or its previously acquired
    equipment; however, competition and competitive bids shall
    be obtained by the Authority with respect to such specified
    equipment or spare parts, insofar as possible, and when
    effective, pursuant to public advertisement as
    hereinbefore provided.
        7. Contracts for insurance, fidelity and surety bonds.
        8. Contracts or agreements for the completion of a
    terminated or defaulted contract or agreement.
    (B) The solicitation for bids shall be in conformance with
accepted business practices and the method of solicitation
shall be set out in detail in the rules and regulations of the
Authority.
    (C) Proposals received pursuant to public advertisement
shall be publicly opened at the day and hour and at the place
specified in the solicitation for such bids.
    (D) Successful bidders for such services and supplies shall
enter into contracts furnished and prescribed by the Authority.
    (E) All purchases, contracts or other obligations or
expenditures of funds by the Authority shall be in accordance
with rules and regulations governing the Authority's
procurement practice and procedures and the Authority shall
promulgate and publish such practices and procedures in
sufficient number for distribution to persons interested in
bidding on purchases or contracts to be let by the Authority.
Such rules and regulations shall be kept on file with the
Secretary of the Authority at all times and shall be available
for inspection by members of the public at all reasonable times
and hours.
    Such rules and regulations shall be filed and become
effective in connection with the Illinois Administrative
Procedure Act.
    (F) Any contract entered into for purchase or expenditure
of funds of the Authority made in violation of this Act or the
rules and regulations in pursuance thereof is void and of no
effect.
    (G) Warrant. All sellers to the Authority shall attach a
statement to the delivery invoice attesting that the standards
set forth in the contracts have been met. The statement shall
be substantially in the following form:
    "The Seller,.... hereby certifies that the goods,
merchandise and wares shipped in accordance with the attached
delivery invoice have met all the required standards set forth
in the purchasing contract.
....(Seller)."
    (H) Whoever violates the provisions of this Section, or the
rules and regulations adopted in pursuance thereof, is guilty
of a Class A misdemeanor.
(Source: P.A. 86-1164.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2009