94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2843


 
Introduced 1/20/2006, by Sen. Jeffrey M. Schoenberg
 
SYNOPSIS AS INTRODUCED:
 		














30 ILCS 500/30-30









    Amends the Illinois Procurement Code. With respect to construction contracts in excess of $250,000 for which the Capital Development Board is the chief procurement officer, provides that the State shall not be liable for monetary damages due to delay caused by a contractor or subcontractor.  Effective immediately.
















LRB094 17450 JAM 52745 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2843

LRB094 17450 JAM 52745 b






1
    AN ACT concerning finance.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Procurement Code is amended  by 
5
changing Section 30-30 as follows:
 



6
    (30 ILCS 500/30-30)



7
    Sec. 30-30. Contracts in excess of $250,000. 

8
    (a) For
building construction contracts in excess of

9
$250,000, separate specifications shall be prepared for all

10
equipment, labor, and materials in
connection with the 
11
following 5 subdivisions of the work to be
performed:


12
        (1) plumbing;


13
        (2) heating, piping, refrigeration, and automatic

14
    temperature control systems,
including the testing and 
15
    balancing of those systems;


16
        (3) ventilating and distribution systems for

17
    conditioned air, including the testing
and balancing of 
18
    those systems;


19
        (4) electric wiring; and


20
        (5) general contract work.

21
    The specifications must be so drawn as to permit separate 
22
and
independent bidding upon
each of the 5 subdivisions of 
23
work.  All contracts awarded
for any part thereof shall
award 
24
the 5 subdivisions of work separately to responsible and

25
reliable persons, firms, or
corporations engaged in these 
26
classes of work.  The contracts, at
the discretion of the

27
construction agency, may be assigned to the successful bidder 
28
on
the general contract work or
to the successful bidder on the 
29
subdivision of work designated by
the construction agency 
30
before
the bidding as the prime subdivision of work, provided 
31
that all
payments will be made directly
to the contractors for 
32
the 5 subdivisions of work upon compliance
with the conditions 
 


 






SB2843
- 2 -
LRB094 17450 JAM 52745 b




1
of the
contract.  A contract may be let for one or more 
2
buildings in any
project to the same contractor.
The 
3
specifications shall require, however, that unless the

4
buildings are identical, a separate price
shall be submitted 
5
for each building.  The contract may be awarded
to the lowest 
6
responsible
bidder for each or all of the buildings included in 
7
the
specifications.

8
    (b) Until a date 2 years after the effective date of this 
9
amendatory Act of the 93rd General Assembly, the requirements 
10
of this Section, other than subsection (d), do not apply to the 
11
construction of an Emergency Operations Center for the Illinois 
12
Emergency Management Agency if (i) the majority of the funding 
13
for the project is from federal funds, (ii) the bid of the 
14
successful bidder identifies the name of the subcontractor, if 
15
any, and the bid proposal costs for each of the 5 subdivisions 
16
of work set forth in this Section, and (iii) the contract 
17
entered into with the successful bidder provides that no 
18
identified subcontractor may be terminated without the written 
19
consent of the Capital Development Board.

20
    (c) Until a date 5 years after the effective date of this 
21
amendatory Act of the 94th General Assembly, the requirements 
22
of this Section, other than subsection (d), do not apply to the 
23
Capitol Building HVAC upgrade project if (i) the bid of the 
24
successful bidder identifies the name of the subcontractor, if 
25
any, and the bid proposal costs for each of the 5 subdivisions 
26
of work set forth in this Section, and (ii) the contract 
27
entered into with the successful bidder provides that no 
28
identified subcontractor may be terminated without the written 
29
consent of the Capital Development Board.

30
    (d) With respect to contracts subject to this Section for 
31
which the Capital Development Board is the chief procurement 
32
officer, the State shall not be liable for monetary damages due 
33
to the delay of a contractor or subcontractor.

34
(Source: P.A. 93-1035, eff. 9-10-04; 94-699, eff. 11-29-05.)

 

35
    Section 99. Effective date. This Act takes effect upon 
 


 






SB2843
- 3 -
LRB094 17450 JAM 52745 b




1
becoming law.