Rep. Michael J. Zalewski
Filed: 2/22/2017
 
 


 




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1
AMENDMENT TO HOUSE BILL 547 




2 AMENDMENT NO. ______. Amend House Bill 547 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Municipal Code is amended by 
5changing Sections 4-5-11 and 8-9-1 as follows:




6 (65 ILCS 5/4-5-11) (from Ch. 24, par. 4-5-11)



7 Sec. 4-5-11. Except as otherwise provided, all contracts, 
8of whatever
character, pertaining to public improvement, or to 
9the maintenance of
the public property of a municipality 
10involving an outlay of $10,000 or
more, shall be based upon 
11specifications to be approved by the council.
Any work or other 
12public improvement which is not to be paid for in
whole or in 
13part by special assessment or special taxation, when the

14expense thereof will exceed $25,000 $20,000, shall be 
15constructed as follows:

16  (1) By a contract let to the lowest responsible bidder 
 
 
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1 after
advertising for bids, in the manner prescribed by 
2 ordinance, except that
any such contract may be entered 
3 into by the proper officers without
advertising for bids, 
4 if authorized by a vote of 4 of the 5 council
members 
5 elected; or

6  (2) In the following manner, if authorized by a vote of 
7 4 of the 5
council members elected: the commissioner of 
8 public works or other
proper officers to be designated by 
9 ordinance, shall superintend and
cause to be carried out 
10 the construction of the work or other public
improvement 
11 and shall employ exclusively for the performance of all

12 manual labor thereon, laborers and artisans whom the city 
13 or village
shall pay by the day or hour, but all material 
14 of the value of $25,000 $20,000
and upward used in the 
15 construction of the work or other public
improvement, shall 
16 be purchased by contract let to the lowest
responsible 
17 bidder in the manner to be prescribed by ordinance.

18 Nothing contained in this Section shall apply to any 
19contract by a
municipality with the United States of America or 
20any agency thereof.

21(Source: P.A. 94-435, eff. 8-2-05.)





22 (65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)



23 Sec. 8-9-1. In municipalities of less than 500,000 except

24as otherwise provided in Articles 4 and 5 any work or other

25public improvement which is not to be paid for in whole or in

 
 
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1part by special assessment or special taxation, when the 
2expense
thereof will exceed $25,000 $20,000, shall be 
3constructed either (1)
by a contract let to the lowest 
4responsible bidder after
advertising for bids, in the manner 
5prescribed by ordinance,
except that any such contract may be 
6entered into by the proper
officers without advertising for 
7bids, if authorized by a vote
of two-thirds of all the aldermen 
8or trustees then holding office;
or (2) in the following 
9manner, if authorized by a vote of
two-thirds of all the 
10aldermen or trustees then holding office,
to-wit: the 
11commissioner of public works or other proper officers
to be 
12designated by ordinance, shall superintend and cause to
be 
13carried out the construction of the work or other public

14improvement and shall employ exclusively for the performance
of 
15all manual labor thereon, laborers and artisans whom the

16municipality shall pay by the day or hour; and all material
of 
17the value of $25,000 $20,000 and upward used in the 
18construction of
the work or other public improvement, shall be 
19purchased by
contract let to the lowest responsible bidder in 
20the manner
to be prescribed by ordinance. However, nothing 
21contained
in this section shall apply to any contract by a 
22city, village
or incorporated town with the federal government 
23or any agency thereof.

24 In every city which has adopted Division 1 of Article 10,

25every such laborer or artisan shall be certified by the civil

26service commission to the commissioner of public works or other

 
 
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1proper officers, in accordance with the requirement of that 
2division. 

3 In municipalities of 500,000 or more population the letting 
4of
contracts for work or other public improvements of the 
5character
described in this section shall be governed by the 
6provisions of
Division 10 of this Article 8.


7(Source: P.A. 94-435, eff. 8-2-05.)


8 Section 10. The Illinois Local Library Act is amended by 
9changing Section 5-5 as follows:



10 (75 ILCS 5/5-5) (from Ch. 81, par. 5-5)



11 Sec. 5-5. When the board determines to commence the 
12construction of the
building or the remodeling, repairing or 
13improving of an existing library
building or the erection of an 
14addition thereto, the purchase of the
necessary equipment for 
15such library, or the acquisition of library
materials such as 
16books, periodicals, recordings and electronic data
storage and 
17retrieval facilities in connection with either the purchase or

18construction of a new library building or the expansion of an 
19existing
library building, they may then revise the plan 
20therefor or adopt a new
plan and provide estimates of the costs 
21thereof, and shall, when the cost
is in excess of $25,000 
22$20,000, advertise for
bids for the construction of the 
23building, or the remodeling, repairing or
improving of an 
24existing library building or the erection of an addition

 
 
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1thereto, or the purchase of the necessary equipment for such 
2library, or
the acquisition of library materials such as books, 
3periodicals, recordings
and electronic data storage and 
4retrieval facilities in connection with
either the purchase or 
5construction of a new library building or the
expansion of an 
6existing library building, and shall let the contract or

7contracts for the same, when the cost is in excess of $25,000 
8$20,000, to the
lowest responsible bidder or bidders. 
9 The board shall not be required to accept a bid that does 
10not meet the library's established specifications, terms of 
11delivery, quality, and serviceability requirements. Contracts 
12which, by their nature, are not adapted to award by competitive 
13bidding, are not subject to competitive bidding, including, but 
14not limited to:
15  (1) contracts for the services of individuals 
16 possessing a high degree of professional skill where the 
17 ability or fitness of the individual plays an important 
18 part;
19  (2) contracts for the printing of finance committee 
20 reports and departmental reports;
21  (3) contracts for the printing or engraving of bonds, 
22 tax warrants and other evidences of indebtedness;
23  (4) contracts for the maintenance or servicing of, or 
24 provision of repair parts for, equipment which are made 
25 with the manufacturer or authorized service agent of that 
26 equipment where the provision of parts, maintenance, or 
 
 
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1 servicing can best be performed by the manufacturer or 
2 authorized service agent;
3  (5) purchases and contracts for the use, purchase, 
4 delivery, movement, or installation of data processing 
5 equipment, software, or services and telecommunications 
6 and interconnect equipment, software, and services;
7  (6) contracts for duplicating machines and supplies;
8  (7) contracts for utility services such as water, 
9 light, heat, telephone or telegraph;
10  (8) contracts for goods or services procured from 
11 another governmental agency;
12  (9) purchases of equipment previously owned by some 
13 entity other than the library itself; and
14  (10) contracts for goods or services which are 
15 economically procurable from only one source, such as for 
16 the purchase of magazines, books, periodicals, pamphlets, 
17 and reports. 
18 Contracts for emergency expenditures are also exempt from 
19competitive bidding when the emergency expenditure is approved 
20by 3/4 of the members of the board. 
21 The board shall
require from such bidders security for the 
22performance of the bids determined by
the board pursuant to 
23law. The board may let the contract or contracts
to one or more 
24bidders, as they shall determine.

25(Source: P.A. 98-952, eff. 1-1-15.)


 
 
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1 Section 15. The Public Library District Act of 1991 is 
2amended by changing Section 40-45 as follows:



3 (75 ILCS 16/40-45)



4 Sec. 40-45. Bids for construction, improvements, or 
5equipment purchases. 

6 (a) When the trustees determine to commence constructing 
7the
building, purchasing a site or a building, remodeling,

8repairing, or improving an existing library building, erecting

9an addition to an existing library building, or
purchasing the 
10necessary equipment for the
library, they may then revise the 
11plan or adopt a new plan and
provide estimates of the costs of 
12the revised or new plan. 

13 (b) The board shall, when the cost is in
excess of $25,000 
14$20,000, advertise for bids for constructing the building,

15remodeling, repairing, or improving of an existing library 
16building, erecting
an addition to an existing library building, 
17or purchasing the necessary
equipment for the library and shall 
18let the contract or contracts for the
project, when the cost is 
19in excess of $25,000 $20,000, to the lowest responsible
bidder 
20or bidders. The board shall not be required to accept a bid 
21that does not meet the library's established specifications, 
22terms of delivery, quality, and serviceability requirements. 
23Contracts which, by their nature, are not adapted to award by 
24competitive bidding, are not subject to competitive bidding, 
25including, but not limited to: 
 
 
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1  (1) contracts for the services of individuals 
2 possessing a high degree of professional skill where the 
3 ability or fitness of the individual plays an important 
4 part;
5  (2) contracts for the printing of finance committee 
6 reports and departmental reports;
7  (3) contracts for the printing or engraving of bonds, 
8 tax warrants and other evidences of indebtedness;
9  (4) contracts for the maintenance or servicing of, or 
10 provision of repair parts for, equipment which are made 
11 with the manufacturer or authorized service agent of that 
12 equipment where the provision of parts, maintenance, or 
13 servicing can best be performed by the manufacturer or 
14 authorized service agent;
15  (5) purchases and contracts for the use, purchase, 
16 delivery, movement, or installation of data processing 
17 equipment, software, or services and telecommunications 
18 and interconnect equipment, software, and services;
19  (6) contracts for duplicating machines and supplies;
20  (7) contracts for utility services such as water, 
21 light, heat, telephone or telegraph;
22  (8) contracts for goods or services procured from 
23 another governmental agency;
24  (9) purchases of equipment previously owned by some 
25 entity other than the library itself; and
26  (10) contracts for goods or services which are 
 
 
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1 economically procurable from only one source, such as for 
2 the purchase of magazines, books, periodicals, pamphlets, 
3 and reports.
4 Contracts for emergency expenditures are also exempt from 
5competitive bidding when the emergency expenditure is approved 
6by 3/4 of the members of the board. 
7 The board shall require from the bidders security for
the 
8performance of the bids determined by the board pursuant to 
9law.
The trustees may let the contract or contracts to one or 
10more bidders as
they determine.

11(Source: P.A. 98-952, eff. 1-1-15.)



12 Section 99. Effective date. This Act takes effect upon 
13becoming law.".