Rep. Kelly M. Burke
Filed: 5/21/2020
 
 

 

 

 
10100SB1857ham003LRB101 11098 RJF 72323 a



1
AMENDMENT TO SENATE BILL 1857




2    AMENDMENT NO. ______. Amend Senate Bill 1857, AS AMENDED, 
3with reference to page and line numbers of House Amendment No. 
42, on page 59, by replacing lines 6 through 17 with the 
5following:


 
6    "Section 40. The Illinois Procurement Code is amended  by 
7changing Sections 1-15.93 and 30-30 as follows:
 
8    (30 ILCS 500/1-15.93)
9    (Section scheduled to be repealed on January 1, 2021)
10    Sec. 1-15.93. Single prime. "Single prime" means the 
11design-bid-build procurement delivery method for a building 
12construction project in which the Capital Development Board is 
13the construction agency procuring 2 or more subdivisions of 
14work enumerated in paragraphs (1) through (5) of subsection (a) 
15of Section 30-30 of this Code under a single contract.  This 
16Section is repealed on January 1, 2022 2021.

 
 
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1(Source: P.A. 101-369, eff. 12-15-19.)
 


2    (30 ILCS 500/30-30)



3    Sec. 30-30. Design-bid-build construction. 
4    (a) The provisions of this subsection are operative through 
5December 31, 2021 2020. 
6    For
building construction contracts in excess of
 $250,000, 
7separate specifications may be prepared for all
equipment, 
8labor, and materials in
connection with the following 5 
9subdivisions of 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    The specifications may be so drawn as to permit separate 
20and
independent bidding upon
each of the 5 subdivisions of 
21work.  All contracts awarded
for any part thereof may
award the 
225 subdivisions of work separately to responsible and
reliable 
23persons, firms, or
corporations engaged in these classes of 
24work.  The contracts, at
the discretion of the
construction 
25agency, may be assigned to the successful bidder on
the general 
 
 
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1contract work or
to the successful bidder on the subdivision of 
2work designated by
the construction agency before
the bidding 
3as the prime subdivision of work, provided that all
payments 
4will be made directly
to the contractors for the 5 subdivisions 
5of work upon compliance
with the conditions of the
contract.

6    Beginning on the effective date of this amendatory Act of 
7the 101st General Assembly and through December 31, 2020, for 
8single prime projects: (i) the bid of the successful low bidder 
9shall identify the name of the subcontractor, if any, and the 
10bid proposal costs for each of the 5 subdivisions of work set 
11forth in this Section; (ii) the contract entered into with the 
12successful bidder shall provide that no identified 
13subcontractor may be terminated without the written consent of 
14the Capital Development Board; (iii) the contract shall comply 
15with the disadvantaged business practices of the Business 
16Enterprise for Minorities, Women, and Persons with 
17Disabilities Act and the equal employment practices of Section 
182-105 of the Illinois Human Rights Act; and (iv) the Capital 
19Development Board shall submit an annual report to the General 
20Assembly and Governor on the bidding, award, and performance of 
21all single prime projects.
22    For building construction projects with a total 
23construction cost valued at $5,000,000 or less, the Capital 
24Development Board shall not use the single prime procurement 
25delivery method for more than 50% of the total number of 
26projects bid for each fiscal year.  Any project with a total 
 
 
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1construction cost valued greater than $5,000,000 may be bid 
2using single prime at the discretion of the Executive Director 
3of the Capital Development Board.
4    (b) The provisions of this subsection are operative on and 
5after January 1, 2022 2021.

For building construction contracts 
6in excess of $250,000, separate specifications shall be 
7prepared for all equipment, labor, and materials in connection 
8with the following 5 subdivisions of the work to be performed:
9        (1) plumbing;
10        (2) heating, piping, refrigeration, and automatic 
11    temperature control systems, including the testing and 
12    balancing of those systems;
13        (3) ventilating and distribution systems for 
14    conditioned air, including the testing and balancing of 
15    those systems;
16        (4) electric wiring; and
17        (5) general contract work.
18    The specifications must be so drawn as to permit separate 
19and independent bidding upon each of the 5 subdivisions of 
20work. All contracts awarded for any part thereof shall award 
21the 5 subdivisions of work separately to responsible and 
22reliable persons, firms, or corporations engaged in these 
23classes of work. The contracts, at the discretion of the 
24construction agency, may be assigned to the successful bidder 
25on the general contract work or to the successful bidder on the 
26subdivision of work designated by the construction agency 
 
 
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1before the bidding as the prime subdivision of work, provided 
2that all payments will be made directly to the contractors for 
3the 5 subdivisions of work upon compliance with the conditions 
4of the contract. 
5(Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 
612-15-19.)".