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9    (Section scheduled to be repealed on January 1, 2021)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16Section is repealed on January 1, 2022 2021.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

 

 

10100SB1857ham003- 3 -LRB101 11098 RJF 72323 a

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.)".