Sen. Antonio Muņoz

Filed: 3/3/2020

 

 


 

 


 
10100SB3185sam001LRB101 17347 RJF 71001 a

1
AMENDMENT TO SENATE BILL 3185

2    AMENDMENT NO. ______. Amend Senate Bill 3185 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5changing 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7    (Section scheduled to be repealed on January 1, 2021)
8    Sec. 1-15.93. Single prime. "Single prime" means the
9design-bid-build procurement delivery method for a building
10construction project in which the Capital Development Board or
11a public institution of higher education is the construction
12agency procuring 2 or more subdivisions of work enumerated in
13paragraphs (1) through (5) of subsection (a) of Section 30-30
14of this Code under a single contract. This Section is repealed
15on January 1, 2031 2021.
16(Source: P.A. 101-369, eff. 12-15-19.)
 

 

 

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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 through
4December 31, 2030 2020.
5    Except as provided in subsections (a-5) or (a-10), for For
6building 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    Except as provided in subsections (a-5) or (a-10), the The
20specifications may be so drawn as to permit separate and
21independent bidding upon each of the 5 subdivisions of work,
22and all . All contracts awarded for any part thereof may award
23the 5 subdivisions of work separately to responsible and
24reliable persons, firms, or corporations engaged in these
25classes of work. The contracts, at the discretion of the

 

 

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1construction agency, may be assigned to the successful bidder
2on the general contract work or to the successful bidder on the
3subdivision of work designated by the construction agency
4before the bidding as the prime subdivision of work, provided
5that all payments will be made directly to the contractors for
6the 5 subdivisions of work upon compliance with the conditions
7of the contract.
8    (a-5) Beginning on the effective date of this amendatory
9Act of the 101st General Assembly and through December 31,
102030, for single prime projects in which the Capital
11Development Board is the construction agency procuring for
12building construction contracts in excess of $250,000,
13separate specifications may be prepared for all equipment,
14labor, and materials in connection with the 5 subdivisions of
15work enumerated in subsection (a). Any Capital Development
16Board construction contracts awarded for any part thereof may
17award 2 or more of the 5 subdivisions of work together or
18separately to responsible and reliable persons, firms, or
19corporations engaged in these classes of work.
20    For Capital Development Board single prime projects: (i)
21the bid of the successful low bidder shall identify the name of
22the subcontractor, if any, and the bid proposal costs for each
23of the 5 subdivisions of work set forth in subsection (a); (ii)
24the contract entered into with the successful bidder shall
25provide that no identified subcontractor may be terminated
26without the written consent of the Capital Development Board;

 

 

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1(iii) the contract shall comply with the disadvantaged business
2practices of the Business Enterprise for Minorities, Women, and
3Persons with Disabilities Act and the equal employment
4practices of Section 2-105 of the Illinois Human Rights Act;
5(iv) the successful low bidder shall be prequalified by the
6Capital Development Board; and (v) until December 31, 2025, for
7building construction projects with a total construction cost
8valued at $5,000,000 or less, the Capital Development Board
9shall not use the single prime delivery method for more than
1050% of the total number of projects bid for each fiscal year.
11    With respect to any construction project described in this
12subsection (a-5), the Capital Development Board shall: (i)
13specify in writing as a public record that the project shall
14comply with the Business Enterprise for Minorities, Women, and
15Persons with Disabilities Act and the equal employment
16practices of Section 2-105 of the Illinois Human Rights Act;
17and (ii) report annually to the Governor and General Assembly
18on the bidding, award, and performance of all single prime
19projects.
20    (a-10) Beginning on the effective date of this amendatory
21Act of the 101st General Assembly and through December 31,
222030, for single prime projects in which a public institution
23of higher education is a construction agency procuring for
24building construction contracts in excess of $250,000,
25separate specifications may be prepared for all equipment,
26labor, and materials in connection with the 5 subdivisions of

 

 

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1work enumerated in subsection (a). Any public institution of
2higher education contract awarded for any part thereof may
3award 2 or more of the 5 subdivisions of work together or
4separately to responsible and reliable persons, firms, or
5corporations engaged in these classes of work if: (i) the
6public institution of higher education has submitted to the
7Procurement Policy Board a written notice that shall include
8the reasons for using the single prime method and an
9explanation of why the use of that method is in the best
10interest of the State. The notice provided under this item (i)
11shall be posted on the public institution of higher education's
12online procurement webpage and on the online Procurement
13Bulletin at least 3 business days following submission to the
14Procurement Policy Board; (ii) the successful low bidder has
15prequalified with the public institution of higher education;
16(iii) the bid of the successful low bidder identifies the name
17of the subcontractor, if any, and the bid proposal costs for
18each of the 5 subdivisions of work set forth in subsection (a);
19(iv) the contract entered into with the successful bidder
20provides that no identified subcontractor may be terminated
21without the written consent of the public institution of higher
22education; and (v) the successful low bidder has prequalified
23with the University of Illinois or with Capital Development
24Board.
25    For building construction projects with a total
26construction cost valued at $20,000,000 or less, public

 

 

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1institutions of higher education shall not use the single prime
2delivery method for more than 50% of the total number of
3projects bid for each fiscal year. Projects with a total
4construction cost valued greater than $20,000,000 may be bid
5using the single prime delivery method at the discretion of the
6public institution of higher education.
7    With respect to any construction project described in this
8subsection (a-10), the public institution of higher education
9shall: (i) specify in writing as a public record that the
10project shall comply with the Business Enterprise for
11Minorities, Women, and Persons with Disabilities Act and the
12equal employment practices of Section 2-105 of the Illinois
13Human Rights Act; and (ii) report annually to the Governor,
14General Assembly, Procurement Policy Board, and Auditor
15General on the bidding, award, and performance of all single
16prime projects. On or after the effective date of this
17amendatory Act of the 101st General Assembly, the public
18institution of higher education may award in each fiscal year
19single prime contracts with an aggregate total value of no more
20than $100,000,000. The Board of Trustees of the University of
21Illinois may award in each fiscal year single prime contracts
22with an aggregate total value of no more than $300,000,000.
23    Beginning on the effective date of this amendatory Act of
24the 101st General Assembly and through December 31, 2020, for
25single prime projects: (i) the bid of the successful low bidder
26shall identify the name of the subcontractor, if any, and the

 

 

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1bid proposal costs for each of the 5 subdivisions of work set
2forth in this Section; (ii) the contract entered into with the
3successful bidder shall provide that no identified
4subcontractor may be terminated without the written consent of
5the Capital Development Board; (iii) the contract shall comply
6with the disadvantaged business practices of the Business
7Enterprise for Minorities, Women, and Persons with
8Disabilities Act and the equal employment practices of Section
92-105 of the Illinois Human Rights Act; and (iv) the Capital
10Development Board shall submit an annual report to the General
11Assembly and Governor on the bidding, award, and performance of
12all single prime projects.
13    For building construction projects with a total
14construction cost valued at $5,000,000 or less, the Capital
15Development Board shall not use the single prime procurement
16delivery method for more than 50% of the total number of
17projects bid for each fiscal year. Any project with a total
18construction cost valued greater than $5,000,000 may be bid
19using single prime at the discretion of the Executive Director
20of the Capital Development Board.
21    (b) The provisions of this subsection are operative on and
22after January 1, 2031 2021. For building construction contracts
23in excess of $250,000, separate specifications shall be
24prepared for all equipment, labor, and materials in connection
25with the following 5 subdivisions of the work to be performed:
26        (1) plumbing;

 

 

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1        (2) heating, piping, refrigeration, and automatic
2    temperature control systems, including the testing and
3    balancing of those systems;
4        (3) ventilating and distribution systems for
5    conditioned air, including the testing and balancing of
6    those systems;
7        (4) electric wiring; and
8        (5) general contract work.
9    The specifications must be so drawn as to permit separate
10and independent bidding upon each of the 5 subdivisions of
11work. All contracts awarded for any part thereof shall award
12the 5 subdivisions of work separately to responsible and
13reliable persons, firms, or corporations engaged in these
14classes of work. The contracts, at the discretion of the
15construction agency, may be assigned to the successful bidder
16on the general contract work or to the successful bidder on the
17subdivision of work designated by the construction agency
18before the bidding as the prime subdivision of work, provided
19that all payments will be made directly to the contractors for
20the 5 subdivisions of work upon compliance with the conditions
21of the contract.
22(Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19.)
 
23    (30 ILCS 500/33-5)
24    Sec. 33-5. Definitions. In this Article:
25    "Construction management services" includes:

 

 

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1        (1) services provided in the planning and
2    pre-construction phases of a construction project
3    including, but not limited to, consulting with, advising,
4    assisting, and making recommendations to the Capital
5    Development Board and architect, engineer, or licensed
6    land surveyor on all aspects of planning for project
7    construction; reviewing all plans and specifications as
8    they are being developed and making recommendations with
9    respect to construction feasibility, availability of
10    material and labor, time requirements for procurement and
11    construction, and projected costs; making, reviewing, and
12    refining budget estimates based on the Board's program and
13    other available information; making recommendations to the
14    Board and the architect or engineer regarding the division
15    of work in the plans and specifications to facilitate the
16    bidding and awarding of contracts; soliciting the interest
17    of capable contractors and taking bids on the project;
18    analyzing the bids received; and preparing and maintaining
19    a progress schedule during the design phase of the project
20    and preparation of a proposed construction schedule; and
21        (2) services provided in the construction phase of the
22    project including, but not limited to, maintaining
23    competent supervisory staff to coordinate and provide
24    general direction of the work and progress of the
25    contractors on the project; directing the work as it is
26    being performed for general conformance with working

 

 

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1    drawings and specifications; establishing procedures for
2    coordinating among the Board, architect or engineer,
3    contractors, and construction manager with respect to all
4    aspects of the project and implementing those procedures;
5    maintaining job site records and making appropriate
6    progress reports; implementing labor policy in conformance
7    with the requirements of the public owner; reviewing the
8    safety and equal opportunity programs of each contractor
9    for conformance with the public owner's policy and making
10    recommendations; reviewing and processing all applications
11    for payment by involved contractors and material suppliers
12    in accordance with the terms of the contract; making
13    recommendations and processing requests for changes in the
14    work and maintaining records of change orders; scheduling
15    and conducting job meetings to ensure orderly progress of
16    the work; developing and monitoring a project progress
17    schedule, coordinating and expediting the work of all
18    contractors and providing periodic status reports to the
19    owner and the architect or engineer; and establishing and
20    maintaining a cost control system and conducting meetings
21    to review costs.
22    "Construction manager" means any individual, sole
23proprietorship, firm, partnership, corporation, or other legal
24entity providing construction management services for the
25Board and prequalified by the State in accordance with 30 ILCS
26500/33-10.

 

 

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1    "Board" means the Capital Development Board and public
2institutions of higher education.
3(Source: P.A. 94-532, eff. 8-10-05.)
 
4    (30 ILCS 500/33-50)
5    Sec. 33-50. Duties of construction manager; additional
6requirements for persons performing construction work.
7    (a) Upon the award of a construction management services
8contract, a construction manager must contract with the Board
9to furnish his or her skill and judgment in cooperation with,
10and reliance upon, the services of the project architect or
11engineer. The construction manager must furnish business
12administration, management of the construction process, and
13other specified services to the Board and must perform his or
14her obligations in an expeditious and economical manner
15consistent with the interest of the Board. If it is in the
16State's best interest, the construction manager may provide or
17perform basic services for which reimbursement is provided in
18the general conditions to the construction management services
19contract.
20    (b) The actual construction work on the project must be
21awarded to contractors under this Code. The Capital Development
22Board may further separate additional divisions of work under
23this Article. This subsection is subject to the applicable
24provisions of the following Acts:
25        (1) the Prevailing Wage Act;

 

 

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1        (2) the Public Construction Bond Act;
2        (3) the Public Works Employment Discrimination Act;
3        (4) the Public Works Preference Act (repealed on June
4    16, 2010 by Public Act 96-929);
5        (5) the Employment of Illinois Workers on Public Works
6    Act;
7        (6) the Public Contract Fraud Act;
8        (7) (blank); and
9        (8) the Illinois Architecture Practice Act of 1989, the
10    Professional Engineering Practice Act of 1989, the
11    Illinois Professional Land Surveyor Act of 1989, and the
12    Structural Engineering Practice Act of 1989.
13(Source: P.A. 101-149, eff. 7-26-19.)
 
14    Section 10. The Design-Build Procurement Act is amended by
15changing Sections 5 and 10 as follows:
 
16    (30 ILCS 537/5)
17    (Section scheduled to be repealed on July 1, 2022)
18    Sec. 5. Legislative policy. It is the intent of the
19General Assembly that the State construction agency Capital
20Development Board be allowed to use the design-build delivery
21method for public projects if it is shown to be in the State's
22best interest for that particular project. It shall be the
23policy of the State construction agency Capital Development
24Board in the procurement of design-build services to publicly

 

 

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1announce all requirements for design-build services and to
2procure these services on the basis of demonstrated competence
3and qualifications and with due regard for the principles of
4competitive selection.
5    The State construction agency Capital Development Board
6shall, prior to issuing requests for proposals, promulgate and
7publish procedures for the solicitation and award of contracts
8pursuant to this Act.
9    The State construction agency Capital Development Board
10shall, for each public project or projects permitted under this
11Act, make a written determination, including a description as
12to the particular advantages of the design-build procurement
13method, that it is in the best interests of this State to enter
14into a design-build contract for the project or projects. In
15making that determination, the following factors shall be
16considered:
17        (1) The probability that the design-build procurement
18    method will be in the best interests of the State by
19    providing a material savings of time or cost over the
20    design-bid-build or other delivery system.
21        (2) The type and size of the project and its
22    suitability to the design-build procurement method.
23        (3) The ability of the State construction agency to
24    define and provide comprehensive scope and performance
25    criteria for the project.
26    No State construction agency may use a design-build

 

 

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1procurement method unless the agency determines in writing that
2the project will comply with the disadvantaged business and
3equal employment practices of the State as established in the
4Business Enterprise for Minorities, Women, and Persons with
5Disabilities Act and Section 2-105 of the Illinois Human Rights
6Act.
7    The State construction agency Capital Development Board
8shall within 15 days after the initial determination provide an
9advisory copy to the Procurement Policy Board and maintain the
10full record of determination for 5 years.
11(Source: P.A. 100-391, eff. 8-25-17.)
 
12    (30 ILCS 537/10)
13    (Section scheduled to be repealed on July 1, 2022)
14    Sec. 10. Definitions. As used in this Act:
15    "State construction agency" means the Capital Development
16Board and public institutions of higher education.
17    "Delivery system" means the design and construction
18approach used to develop and construct a project.
19    "Design-bid-build" means the traditional delivery system
20used on public projects in this State that incorporates the
21Architectural, Engineering, and Land Surveying Qualification
22Based Selection Act (30 ILCS 535/) and the principles of
23competitive selection in the Illinois Procurement Code (30 ILCS
24500/).
25    "Design-build" means a delivery system that provides

 

 

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1responsibility within a single contract for the furnishing of
2architecture, engineering, land surveying and related services
3as required, and the labor, materials, equipment, and other
4construction services for the project.
5    "Design-build contract" means a contract for a public
6project under this Act between the State construction agency
7and a design-build entity to furnish architecture,
8engineering, land surveying, and related services as required,
9and to furnish the labor, materials, equipment, and other
10construction services for the project. The design-build
11contract may be conditioned upon subsequent refinements in
12scope and price and may allow the State construction agency to
13make modifications in the project scope without invalidating
14the design-build contract.
15    "Design-build entity" means any individual, sole
16proprietorship, firm, partnership, joint venture, corporation,
17professional corporation, or other entity that proposes to
18design and construct any public project under this Act. A
19design-build entity and associated design-build professionals
20shall conduct themselves in accordance with the laws of this
21State and the related provisions of the Illinois Administrative
22Code, as referenced by the licensed design professionals Acts
23of this State.
24    "Design professional" means any individual, sole
25proprietorship, firm, partnership, joint venture, corporation,
26professional corporation, or other entity that offers services

 

 

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1under the Illinois Architecture Practice Act of 1989 (225 ILCS
2305/), the Professional Engineering Practice Act of 1989 (225
3ILCS 325/), the Structural Engineering Licensing Act of 1989
4(225 ILCS 340/), or the Illinois Professional Land Surveyor Act
5of 1989 (225 ILCS 330/).
6    "Evaluation criteria" means the requirements for the
7separate phases of the selection process as defined in this Act
8and may include the specialized experience, technical
9qualifications and competence, capacity to perform, past
10performance, experience with similar projects, assignment of
11personnel to the project, and other appropriate factors. Price
12may not be used as a factor in the evaluation of Phase I
13proposals.
14    "Proposal" means the offer to enter into a design-build
15contract as submitted by a design-build entity in accordance
16with this Act.
17    "Request for proposal" means the document used by the State
18construction agency to solicit proposals for a design-build
19contract.
20    "Scope and performance criteria" means the requirements
21for the public project, including but not limited to, the
22intended usage, capacity, size, scope, quality and performance
23standards, life-cycle costs, and other programmatic criteria
24that are expressed in performance-oriented and quantifiable
25specifications and drawings that can be reasonably inferred and
26are suited to allow a design-build entity to develop a

 

 

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1proposal.
2(Source: P.A. 94-716, eff. 12-13-05.)
 
3    Section 99. Effective date. This Act takes effect December
415, 2020.".