Full Text of SB1535 102nd General Assembly
SB1535sam001 102ND GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 3/15/2021
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| 1 | | AMENDMENT TO SENATE BILL 1535
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1535 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 1-15.93, 30-30, 33-5, and 33-50 as follows: | 6 | | (30 ILCS 500/1-15.93) | 7 | | (Section scheduled to be repealed on January 1, 2022) | 8 | | Sec. 1-15.93. Single prime. "Single prime" means the | 9 | | design-bid-build procurement delivery method for a building | 10 | | construction project in which the Capital Development Board or | 11 | | a public institution of higher education is the construction | 12 | | agency procuring 2 or more subdivisions of work enumerated in | 13 | | paragraphs (1) through (5) of subsection (a) of Section 30-30 | 14 | | of this Code under a single contract. This Section is repealed | 15 | | on January 1, 2025 2022 .
| 16 | | (Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20.)
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| 1 | | (30 ILCS 500/30-30)
| 2 | | Sec. 30-30. Design-bid-build construction. | 3 | | (a) The provisions of this subsection are operative | 4 | | through December 31, 2024 2021 . | 5 | | Except as provided in subsections (a-5), for For
building | 6 | | construction contracts in excess of
$250,000, separate | 7 | | specifications may be prepared for all
equipment, labor, and | 8 | | materials in
connection with the following 5 subdivisions of | 9 | | the work to be
performed:
| 10 | | (1) plumbing;
| 11 | | (2) heating, piping, refrigeration, and automatic
| 12 | | temperature control systems,
including the testing and | 13 | | balancing of those systems;
| 14 | | (3) ventilating and distribution systems for
| 15 | | conditioned air, including the testing
and balancing of | 16 | | those systems;
| 17 | | (4) electric wiring; and
| 18 | | (5) general contract work.
| 19 | | Except as provided in subsections (a-5), the The | 20 | | specifications may be so drawn as to permit separate and
| 21 | | independent bidding upon
each of the 5 subdivisions of work , | 22 | | and all . All contracts awarded
for any part thereof may
award | 23 | | the 5 subdivisions of work separately to responsible and
| 24 | | reliable persons, firms, or
corporations engaged in these | 25 | | classes of work. The contracts, at
the discretion of the
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| 1 | | construction agency, may be assigned to the successful bidder | 2 | | on
the general contract work or
to the successful bidder on the | 3 | | subdivision of work designated by
the construction agency | 4 | | before
the bidding as the prime subdivision of work, provided | 5 | | that all
payments will be made directly
to the contractors for | 6 | | the 5 subdivisions of work upon compliance
with the conditions | 7 | | of the
contract.
| 8 | | (a-5) Beginning on the effective date of this amendatory | 9 | | Act of the 102nd General Assembly and through December 31, | 10 | | 2024, for single prime projects in which a public institution | 11 | | of higher education is a construction agency procuring for | 12 | | building construction contracts in excess of $250,000, | 13 | | separate specifications may be prepared for all equipment, | 14 | | labor, and materials in connection with the 5 subdivisions of | 15 | | work enumerated in subsection (a). Any public institution of | 16 | | higher education contract awarded for any part thereof may | 17 | | award 2 or more of the 5 subdivisions of work together or | 18 | | separately to responsible and reliable persons, firms, or | 19 | | corporations engaged in these classes of work if: (i) the | 20 | | public institution of higher education has submitted to the | 21 | | Procurement Policy Board a written notice that shall include | 22 | | the reasons for using the single prime method and an | 23 | | explanation of why the use of that method is in the best | 24 | | interest of the State. The notice provided under this item (i) | 25 | | shall be posted on the public institution of higher | 26 | | education's online procurement webpage and on the online |
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| 1 | | Procurement Bulletin at least 3 business days following | 2 | | submission to the Procurement Policy Board; (ii) the | 3 | | successful low bidder has prequalified with the public | 4 | | institution of higher education; (iii) the bid of the | 5 | | successful low bidder identifies the name of the | 6 | | subcontractor, if any, and the bid proposal costs for each of | 7 | | the 5 subdivisions of work set forth in subsection (a); (iv) | 8 | | the contract entered into with the successful bidder provides | 9 | | that no identified subcontractor may be terminated without the | 10 | | written consent of the public institution of higher education; | 11 | | and (v) the successful low bidder has prequalified with the | 12 | | University of Illinois or with Capital Development Board. | 13 | | For building construction projects with a total | 14 | | construction cost valued at $20,000,000 or less, public | 15 | | institutions of higher education shall not use the single | 16 | | prime delivery method for more than 50% of the total number of | 17 | | projects bid for each fiscal year. Projects with a total | 18 | | construction cost valued greater than $20,000,000 may be bid | 19 | | using the single prime delivery method at the discretion of | 20 | | the public institution of higher education. | 21 | | With respect to any construction project described in this | 22 | | subsection (a-5), the public institution of higher education | 23 | | shall: (i) specify in writing as a public record that the | 24 | | project shall comply with the Business Enterprise for | 25 | | Minorities, Women, and Persons with Disabilities Act and the | 26 | | equal employment practices of Section 2-105 of the Illinois |
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| 1 | | Human Rights Act; and (ii) report annually to the Governor, | 2 | | General Assembly, Procurement Policy Board, and Auditor | 3 | | General on the bidding, award, and performance of all single | 4 | | prime projects. On or after the effective date of this | 5 | | amendatory Act of the 102nd General Assembly, the public | 6 | | institution of higher education may award in each fiscal year | 7 | | single prime contracts with an aggregate total value of no | 8 | | more than $100,000,000. The Board of Trustees of the | 9 | | University of Illinois may award in each fiscal year single | 10 | | prime contracts with an aggregate total value of no more than | 11 | | $300,000,000. | 12 | | Beginning on the effective date of this amendatory Act of | 13 | | the 101st General Assembly and through December 31, 2024 2020 , | 14 | | for single prime projects: (i) the bid of the successful low | 15 | | bidder shall identify the name of the subcontractor, if any, | 16 | | and the bid proposal costs for each of the 5 subdivisions of | 17 | | work set forth in this Section; (ii) the contract entered into | 18 | | with the successful bidder shall provide that no identified | 19 | | subcontractor may be terminated without the written consent of | 20 | | the Capital Development Board; (iii) the contract shall comply | 21 | | with the disadvantaged business practices of the Business | 22 | | Enterprise for Minorities, Women, and Persons with | 23 | | Disabilities Act and the equal employment practices of Section | 24 | | 2-105 of the Illinois Human Rights Act; and (iv) the Capital | 25 | | Development Board shall submit an annual report to the General | 26 | | Assembly and Governor on the bidding, award, and performance |
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| 1 | | of all single prime projects. | 2 | | For building construction projects with a total | 3 | | construction cost valued at $5,000,000 or less, the Capital | 4 | | Development Board shall not use the single prime procurement | 5 | | delivery method for more than 50% of the total number of | 6 | | projects bid for each fiscal year. Any project with a total | 7 | | construction cost valued greater than $5,000,000 may be bid | 8 | | using single prime at the discretion of the Executive Director | 9 | | of the Capital Development Board. | 10 | | (b) The provisions of this subsection are operative on and | 11 | | after January 1, 2025 2022 .
For building construction | 12 | | contracts in excess of $250,000, separate specifications shall | 13 | | be prepared for all equipment, labor, and materials in | 14 | | connection with the following 5 subdivisions of the work to be | 15 | | performed: | 16 | | (1) plumbing; | 17 | | (2) heating, piping, refrigeration, and automatic | 18 | | temperature control systems, including the testing and | 19 | | balancing of those systems; | 20 | | (3) ventilating and distribution systems for | 21 | | conditioned air, including the testing and balancing of | 22 | | those systems; | 23 | | (4) electric wiring; and | 24 | | (5) general contract work. | 25 | | The specifications must be so drawn as to permit separate | 26 | | and independent bidding upon each of the 5 subdivisions of |
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| 1 | | work. All contracts awarded for any part thereof shall award | 2 | | the 5 subdivisions of work separately to responsible and | 3 | | reliable persons, firms, or corporations engaged in these | 4 | | classes of work. The contracts, at the discretion of the | 5 | | construction agency, may be assigned to the successful bidder | 6 | | on the general contract work or to the successful bidder on the | 7 | | subdivision of work designated by the construction agency | 8 | | before the bidding as the prime subdivision of work, provided | 9 | | that all payments will be made directly to the contractors for | 10 | | the 5 subdivisions of work upon compliance with the conditions | 11 | | of the contract. | 12 | | (Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19; | 13 | | 101-645, eff. 6-26-20.)
| 14 | | (30 ILCS 500/33-5)
| 15 | | Sec. 33-5. Definitions. In this Article:
| 16 | | "Construction management services" includes:
| 17 | | (1) services provided in the planning and | 18 | | pre-construction phases of a
construction project | 19 | | including, but not limited to, consulting with,
advising, | 20 | | assisting, and making recommendations to the Capital | 21 | | Development Board and
architect, engineer, or licensed | 22 | | land surveyor on all aspects
of planning for project | 23 | | construction; reviewing all plans and
specifications as | 24 | | they are being developed and making recommendations
with | 25 | | respect to construction feasibility, availability of |
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| 1 | | material and
labor, time requirements for procurement and | 2 | | construction, and
projected costs; making, reviewing, and | 3 | | refining budget estimates based
on the Board's program and | 4 | | other available information; making
recommendations to the | 5 | | Board and the architect or engineer
regarding the division | 6 | | of work in the plans and specifications to
facilitate the | 7 | | bidding and awarding of contracts; soliciting the
interest | 8 | | of capable contractors and taking bids on the project;
| 9 | | analyzing the bids received; and preparing and maintaining | 10 | | a progress
schedule during the design phase of the project | 11 | | and preparation of a
proposed construction schedule; and
| 12 | | (2) services provided in the construction phase of the | 13 | | project
including, but not limited to, maintaining | 14 | | competent supervisory staff
to coordinate and provide | 15 | | general direction of the work and progress
of the | 16 | | contractors on the project; directing the work as it is | 17 | | being
performed for general conformance with working | 18 | | drawings and
specifications; establishing procedures for | 19 | | coordinating among the
Board, architect or engineer, | 20 | | contractors, and construction
manager with respect to all | 21 | | aspects of the project and
implementing those procedures; | 22 | | maintaining job site records
and making appropriate | 23 | | progress reports; implementing labor policy
in conformance | 24 | | with the requirements of the public owner; reviewing
the | 25 | | safety and equal opportunity programs of each contractor | 26 | | for
conformance with the public owner's policy and making
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| 1 | | recommendations; reviewing and processing
all applications | 2 | | for payment by involved contractors and material
suppliers | 3 | | in accordance with the terms of the contract; making
| 4 | | recommendations and processing requests for changes in the | 5 | | work and
maintaining records of change orders; scheduling | 6 | | and conducting job
meetings to ensure orderly progress of | 7 | | the work; developing and
monitoring a project progress | 8 | | schedule, coordinating and expediting
the work of all | 9 | | contractors and providing periodic status reports to
the | 10 | | owner and the architect or engineer; and establishing and
| 11 | | maintaining a cost control system and conducting meetings | 12 | | to review
costs.
| 13 | | "Construction manager" means any individual, sole
| 14 | | proprietorship, firm, partnership, corporation, or other legal | 15 | | entity
providing construction management services for the | 16 | | Board and
prequalified by the State in accordance with 30 ILCS
| 17 | | 500/33-10.
| 18 | | "Board" means the Capital Development Board and public | 19 | | institutions of higher education .
| 20 | | (Source: P.A. 94-532, eff. 8-10-05.) | 21 | | (30 ILCS 500/33-50)
| 22 | | Sec. 33-50. Duties of construction manager; additional
| 23 | | requirements for persons performing construction work.
| 24 | | (a) Upon the award of a construction management services
| 25 | | contract, a construction manager must contract with the Board |
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| 1 | | to
furnish his or her skill and judgment in cooperation with, | 2 | | and reliance
upon, the services of the project architect or | 3 | | engineer. The
construction manager must furnish business | 4 | | administration, management
of the construction process, and | 5 | | other specified services to the Board and must perform his or | 6 | | her obligations in an expeditious and
economical manner | 7 | | consistent with the interest of the Board. If
it is in the | 8 | | State's best interest, the construction manager may
provide or | 9 | | perform basic services for which reimbursement is provided
in | 10 | | the general conditions to the construction management services
| 11 | | contract.
| 12 | | (b) The actual construction work on the project must be | 13 | | awarded to
contractors under this Code. The Capital | 14 | | Development Board may further separate additional divisions of | 15 | | work under this Article. This subsection is
subject to the | 16 | | applicable provisions of the following Acts:
| 17 | | (1) the Prevailing Wage Act;
| 18 | | (2) the Public Construction Bond Act;
| 19 | | (3) the Public Works Employment Discrimination Act;
| 20 | | (4) the Public Works Preference Act (repealed on June | 21 | | 16, 2010 by Public Act 96-929);
| 22 | | (5) the Employment of Illinois Workers on Public
Works | 23 | | Act;
| 24 | | (6) the Public Contract Fraud Act;
| 25 | | (7) (blank); and
| 26 | | (8) the Illinois Architecture Practice Act of 1989, |
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| 1 | | the Professional
Engineering
Practice Act of 1989, the | 2 | | Illinois Professional Land Surveyor Act of 1989, and
the | 3 | | Structural
Engineering Practice Act of 1989.
| 4 | | (Source: P.A. 101-149, eff. 7-26-19.) | 5 | | Section 10. The Design-Build
Procurement Act is amended by | 6 | | changing Sections 5, 10, and 90 as follows: | 7 | | (30 ILCS 537/5) | 8 | | (Section scheduled to be repealed on July 1, 2022)
| 9 | | Sec. 5. Legislative policy. It is the intent of the | 10 | | General Assembly
that
the State construction agency Capital | 11 | | Development Board be allowed to use the design-build delivery | 12 | | method
for public
projects if it is shown to be in the State's | 13 | | best interest for that particular
project. It shall be the | 14 | | policy of the State construction agency Capital Development | 15 | | Board in the
procurement of
design-build services to publicly | 16 | | announce all requirements for design-build
services and to | 17 | | procure these services on the basis of demonstrated competence
| 18 | | and qualifications and with due regard for the principles of | 19 | | competitive
selection.
| 20 | | The State construction agency Capital Development Board | 21 | | shall, prior to issuing requests for proposals,
promulgate
and | 22 | | publish procedures for the solicitation and award of contracts | 23 | | pursuant to
this Act.
| 24 | | The State construction agency Capital Development Board |
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| 1 | | shall, for each public project or projects
permitted under
| 2 | | this Act, make a written determination, including a | 3 | | description as to the
particular advantages of the | 4 | | design-build procurement method, that it is in the
best | 5 | | interests of this State to enter into a design-build contract | 6 | | for the
project or projects. In making that determination, the | 7 | | following factors shall
be considered:
| 8 | | (1) The probability that the design-build procurement | 9 | | method will be in
the best interests of the State by | 10 | | providing a material savings of time or
cost over the | 11 | | design-bid-build or other delivery system.
| 12 | | (2) The type and size of the project and its | 13 | | suitability to the
design-build procurement method.
| 14 | | (3) The ability of the State construction agency to | 15 | | define and provide
comprehensive
scope and performance | 16 | | criteria for the project.
| 17 | | No State construction agency may use a design-build | 18 | | procurement method unless the agency determines in writing | 19 | | that the project will comply with the disadvantaged business | 20 | | and equal employment practices of the State as established in | 21 | | the Business Enterprise for Minorities, Women, and Persons | 22 | | with Disabilities Act and Section 2-105 of the Illinois Human | 23 | | Rights Act.
| 24 | | The State construction agency Capital Development Board | 25 | | shall within 15 days after the initial
determination provide | 26 | | an advisory copy to the Procurement Policy Board and
maintain |
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| 1 | | the full record of determination for 5 years.
| 2 | | (Source: P.A. 100-391, eff. 8-25-17 .) | 3 | | (30 ILCS 537/10) | 4 | | (Section scheduled to be repealed on July 1, 2022)
| 5 | | Sec. 10. Definitions. As used in this Act:
| 6 | | "State construction agency" means the Capital Development | 7 | | Board and public institutions of higher education .
| 8 | | "Delivery system" means the design and construction | 9 | | approach used to develop
and construct a project.
| 10 | | "Design-bid-build" means the traditional delivery system | 11 | | used on public
projects in this State that incorporates the | 12 | | Architectural, Engineering, and
Land Surveying Qualification | 13 | | Based Selection Act (30 ILCS 535/) and the
principles of | 14 | | competitive selection in the Illinois Procurement Code (30 | 15 | | ILCS
500/).
| 16 | | "Design-build" means a delivery system that provides | 17 | | responsibility within a
single contract for the furnishing of | 18 | | architecture, engineering, land surveying
and related services | 19 | | as required, and the labor, materials, equipment, and
other | 20 | | construction services for the project.
| 21 | | "Design-build contract" means a contract for a public | 22 | | project under this Act
between the State construction agency | 23 | | and a design-build entity to furnish
architecture,
| 24 | | engineering, land surveying, and related services as required, | 25 | | and to furnish
the labor, materials, equipment, and other |
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| 1 | | construction services for the
project. The design-build | 2 | | contract may be conditioned upon subsequent
refinements in | 3 | | scope and price and may allow the State construction agency to
| 4 | | make
modifications in the project scope without invalidating | 5 | | the design-build
contract.
| 6 | | "Design-build entity" means any individual, sole | 7 | | proprietorship, firm,
partnership, joint venture, corporation, | 8 | | professional corporation, or other
entity that proposes to | 9 | | design and construct any public project under this Act.
A | 10 | | design-build entity and associated design-build professionals | 11 | | shall conduct themselves in accordance with the laws of this | 12 | | State and the related provisions of the Illinois | 13 | | Administrative Code, as referenced by the licensed design | 14 | | professionals Acts of this State.
| 15 | | "Design professional" means any individual, sole | 16 | | proprietorship, firm,
partnership, joint venture, corporation, | 17 | | professional corporation, or other
entity that offers services | 18 | | under the Illinois Architecture Practice Act of
1989 (225 ILCS | 19 | | 305/), the Professional Engineering Practice Act of 1989 (225
| 20 | | ILCS 325/),
the Structural Engineering Licensing Act of 1989 | 21 | | (225 ILCS 340/), or the
Illinois Professional
Land Surveyor | 22 | | Act of 1989 (225 ILCS 330/).
| 23 | | "Evaluation criteria" means the requirements for the | 24 | | separate phases of the
selection process as defined in this | 25 | | Act and may include the specialized
experience, technical | 26 | | qualifications and competence, capacity to perform, past
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| 1 | | performance, experience with similar projects, assignment of | 2 | | personnel to the
project, and other appropriate factors. Price | 3 | | may not be used as a factor in
the evaluation of Phase I | 4 | | proposals.
| 5 | | "Proposal" means the offer to enter into a design-build | 6 | | contract as submitted
by a design-build entity in accordance | 7 | | with this Act.
| 8 | | "Request for proposal" means the document used by the | 9 | | State construction agency
to solicit
proposals for a | 10 | | design-build contract.
| 11 | | "Scope and performance criteria" means the requirements | 12 | | for the public
project, including but not limited to, the | 13 | | intended usage, capacity, size,
scope, quality and performance | 14 | | standards, life-cycle costs, and other
programmatic criteria | 15 | | that are expressed in performance-oriented and
quantifiable | 16 | | specifications and drawings that can be reasonably inferred | 17 | | and
are suited to allow a design-build entity to develop a | 18 | | proposal.
| 19 | | (Source: P.A. 94-716, eff. 12-13-05 .) | 20 | | (30 ILCS 537/90) | 21 | | (Section scheduled to be repealed on July 1, 2022)
| 22 | | Sec. 90. Repealer. This Act is repealed on January 1, 2025 | 23 | | July 1, 2022 .
| 24 | | (Source: P.A. 100-1189, eff. 4-5-19.)
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| 1 | | Section 99. Effective date. This Act takes effect December | 2 | | 15, 2021.".
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