Public Act 094-0532
Public Act 0532 94TH GENERAL ASSEMBLY
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Public Act 094-0532
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| SB0518 Enrolled |
LRB094 08764 RSP 38977 b |
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| AN ACT concerning procurement.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Procurement Code is amended by | adding Article 33 as
follows:
| (30 ILCS 500/Art. 33 heading new)
| ARTICLE 33. CONSTRUCTION MANAGEMENT SERVICES
| (30 ILCS 500/33-5 new)
| Sec. 33-5. Definitions. In this Article:
| "Construction management services" includes:
| (1) services provided in the planning and | pre-construction phases of a
construction project | including, but not limited to, consulting with,
advising, | assisting, and making recommendations to the Capital | Development Board and
architect, engineer, or licensed | land surveyor on all aspects
of planning for project | construction; reviewing all plans and
specifications as | they are being developed and making recommendations
with | respect to construction feasibility, availability of | material and
labor, time requirements for procurement and | construction, and
projected costs; making, reviewing, and | refining budget estimates based
on the Board's program and | other available information; making
recommendations to the | Board and the architect or engineer
regarding the division | of work in the plans and specifications to
facilitate the | bidding and awarding of contracts; soliciting the
interest | of capable contractors and taking bids on the project;
| analyzing the bids received; and preparing and maintaining | a progress
schedule during the design phase of the project | and preparation of a
proposed construction schedule; and
| (2) services provided in the construction phase of the |
| project
including, but not limited to, maintaining | competent supervisory staff
to coordinate and provide | general direction of the work and progress
of the | contractors on the project; directing the work as it is | being
performed for general conformance with working | drawings and
specifications; establishing procedures for | coordinating among the
Board, architect or engineer, | contractors, and construction
manager with respect to all | aspects of the project and
implementing those procedures; | maintaining job site records
and making appropriate | progress reports; implementing labor policy
in conformance | with the requirements of the public owner; reviewing
the | safety and equal opportunity programs of each contractor | for
conformance with the public owner's policy and making
| recommendations; reviewing and processing
all applications | for payment by involved contractors and material
suppliers | in accordance with the terms of the contract; making
| recommendations and processing requests for changes in the | work and
maintaining records of change orders; scheduling | and conducting job
meetings to ensure orderly progress of | the work; developing and
monitoring a project progress | schedule, coordinating and expediting
the work of all | contractors and providing periodic status reports to
the | owner and the architect or engineer; and establishing and
| maintaining a cost control system and conducting meetings | to review
costs.
| "Construction manager" means any individual, sole
| proprietorship, firm, partnership, corporation, or other legal | entity
providing construction management services for the | Board and
prequalified by the State in accordance with 30 ILCS
| 500/33-10.
| "Board" means the Capital Development Board.
| (30 ILCS 500/33-10 new)
| Sec. 33-10. Prequalification. The Board shall establish
| procedures to prequalify firms seeking to provide construction
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| management services or may use prequalification lists from | other State
agencies to meet the requirements of this Section.
| (30 ILCS 500/33-15 new)
| Sec. 33-15. Public notice. Whenever a project requiring
| construction management services is proposed for a State | agency, the
Board shall provide no less than a 14-day advance | notice
published in a request for proposals setting forth the | projects and
services to be procured. The request for proposals | shall be mailed to
each firm that is prequalified under Section | 33-10. The request for
proposals shall include a description of | each project and shall state
the time and place for interested | firms to submit a letter of interest
and, if required by the | request for proposals, a statement of
qualifications.
| (30 ILCS 500/33-20 new)
| Sec. 33-20. Evaluation procedure. The Board shall evaluate
| the construction managers submitting letters of interest and | other
prequalified construction managers, taking into account | qualifications;
and the Board may consider, but shall not be | limited to
considering, ability of personnel, past record and | experience,
performance data on file, willingness to meet time | requirements,
location, workload of the construction manager, | and any other
qualifications-based factors as the Board may | determine in
writing are applicable. The Board may conduct | discussions
with and require public presentations by | construction managers deemed
to be the most qualified regarding | their qualifications, approach to
the project, and ability to | furnish the required services.
| The Board shall establish a committee to select
| construction managers to provide construction management | services.
A selection committee may include at least one public | member. The
public member may not be employed or associated | with any firm holding a
contract with the Board nor may the | public member's firm be
considered for a contract with that | Board while he or she is
serving as a public member of the |
| committee.
| In no case shall the Board, prior to selecting a
| construction manager for negotiation under Section 33-30, seek | formal or
informal submission of verbal or written estimates of | costs or
proposals in terms of dollars, hours
required, | percentage of construction cost, or any other measure of
| compensation.
| (30 ILCS 500/33-25 new)
| Sec. 33-25. Selection Procedure. On the basis of | evaluations,
discussions, and any presentations, the Board | shall select no
less than 3 firms it determines to be qualified | to provide services for
the project and rank them in order of | qualifications to provide
services regarding the specific | project. The Board shall then
contract at a fair and reasonable | compensation. If fewer than 3 firms
submit letters of interest | and the Board determines that one or
both of those firms are so | qualified, the Board may proceed to
negotiate a contract under | Section 33-30. The decision of the Board shall be final and | binding.
| (30 ILCS 500/33-30 new)
| Sec. 33-30. Contract Negotiation.
| (a) The Board shall prepare a written description of the
| scope of the proposed services to be used as a basis for | negotiations
and shall negotiate a contract with the highest | ranked construction
management firm at compensation that the | Board determines in
writing to be fair and reasonable. In | making this decision, the Board shall take into account the | estimated value, scope, complexity,
and nature of the services | to be rendered. In no case may the Board establish a payment | formula designed to eliminate firms from
contention or restrict | competition or negotiation of fees.
| (b) If the Board is unable to negotiate a satisfactory
| contract with the firm that is highest ranked, negotiations | with that
firm shall be terminated. The Board shall then begin
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| negotiations with the firm that is next highest ranked. If the | Board is unable to negotiate a satisfactory contract with that
| firm, negotiations with that firm shall be terminated. The | Board shall then begin negotiations with the firm that is next | highest
ranked.
| (c) If the Board is unable to negotiate a satisfactory
| contract with any of the selected firms, the Board shall
| re-evaluate the construction management services requested, | including the
estimated value, scope, complexity, and fee | requirements. The Board shall then compile a list of not less | than 3 prequalified firms
and proceed in accordance with the | provisions of this Act.
| (30 ILCS 500/33-35 new)
| Sec. 33-35. Small Contracts. The provisions of Sections | 33-20, 33-25,
and 33-30 do not apply to construction management | contracts of less than
$25,000.
| (30 ILCS 500/33-40 new)
| Sec. 33-40. Emergency services. Sections 33-20, 33-25, and | 33-30 do not
apply in the procurement of construction | management services by the Board (i) when the Board determines | in writing that it is in the
best interest of the State to | proceed with the immediate selection of a
firm or (ii) in | emergencies when immediate services are necessary to
protect | the public health and safety, including, but not limited
to, | earthquake, tornado, storm, or natural or man-made disaster.
| (30 ILCS 500/33-45 new)
| Sec. 33-45. Firm performance evaluation. The Board shall
| evaluate the performance of each firm upon completion of a | contract.
That evaluation shall be made available to the firm | and the firm may submit a
written response, with the evaluation | and response retained solely by
the Board. The evaluation and | response shall not be made available to
any other person or | firm and is exempt from disclosure under the
Freedom of |
| Information Act. The evaluation shall be based on the terms
| identified in the construction manager's contract.
| (30 ILCS 500/33-50 new)
| Sec. 33-50. Duties of construction manager; additional
| requirements for persons performing construction work.
| (a) Upon the award of a construction management services
| contract, a construction manager must contract with the Board | to
furnish his or her skill and judgment in cooperation with, | and reliance
upon, the services of the project architect or | engineer. The
construction manager must furnish business | administration, management
of the construction process, and | other specified services to the Board and must perform his or | her obligations in an expeditious and
economical manner | consistent with the interest of the Board. If
it is in the | State's best interest, the construction manager may
provide or | perform basic services for which reimbursement is provided
in | the general conditions to the construction management services
| contract.
| (b) The actual construction work on the project must be | awarded to
contractors under this Code. The Capital Development | Board may further separate additional divisions of work under | this Article. This subsection is
subject to the applicable | provisions of the following Acts:
| (1) the Prevailing Wage Act;
| (2) the Public Construction Bond Act;
| (3) the Public Works Employment Discrimination Act;
| (4) the Public Works Preference Act;
| (5) the Employment of Illinois Workers on Public
Works | Act;
| (6) the Public Contract Fraud Act;
| (7) the Illinois Construction Evaluation Act; and
| (8) the Illinois Architecture Practice Act of 1989, the | Professional
Engineering
Practice Act of 1989, the | Illinois Professional Land Surveyor Act of 1989, and
the | Structural
Engineering Practice Act of 1989.
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| (30 ILCS 500/33-55 new)
| Sec. 33-55. Prohibited conduct. No construction | management services
contract may be awarded by the Board on a | negotiated basis as provided in
this Article if the | construction manager or an entity that controls, is
controlled
| by, or shares common ownership or control with the construction | manager (i)
guarantees, warrants, or otherwise assumes | financial responsibility for the
work of others on the project; | (ii) provides the Board with a guaranteed
maximum price for the | work of others on the project; or (iii) furnishes or
guarantees | a performance or payment bond for other contractors on the | project.
In any such case, the contract for construction | management services must be let
by competitive bidding as in | the case of contracts for construction work.
| Section 99. Effective date. This Act takes effect upon
| becoming law.
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Effective Date: 8/10/2005
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