Sen. Antonio Muņoz

Filed: 3/15/2021

 

 


 

 


 
10200SB1535sam001LRB102 15919 RJF 23447 a

1
AMENDMENT TO SENATE BILL 1535

2    AMENDMENT NO. ______. Amend Senate Bill 1535 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7    (Section scheduled to be repealed on January 1, 2022)
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 This Section is repealed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, 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
4through December 31, 2024 2021.
5    Except as provided in subsections (a-5), for For building
6construction contracts in excess of $250,000, separate
7specifications may be prepared for all equipment, labor, and
8materials in connection with the following 5 subdivisions of
9the 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
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 102nd General Assembly and through December 31,
102024, for single prime projects in which a public institution
11of higher education is a 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 public institution of
16higher education contract 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 if: (i) the
20public institution of higher education has submitted to the
21Procurement Policy Board a written notice that shall include
22the reasons for using the single prime method and an
23explanation of why the use of that method is in the best
24interest of the State. The notice provided under this item (i)
25shall be posted on the public institution of higher
26education's online procurement webpage and on the online

 

 

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1Procurement Bulletin at least 3 business days following
2submission to the Procurement Policy Board; (ii) the
3successful low bidder has prequalified with the public
4institution of higher education; (iii) the bid of the
5successful low bidder identifies the name of the
6subcontractor, if any, and the bid proposal costs for each of
7the 5 subdivisions of work set forth in subsection (a); (iv)
8the contract entered into with the successful bidder provides
9that no identified subcontractor may be terminated without the
10written consent of the public institution of higher education;
11and (v) the successful low bidder has prequalified with the
12University of Illinois or with Capital Development Board.
13    For building construction projects with a total
14construction cost valued at $20,000,000 or less, public
15institutions of higher education shall not use the single
16prime delivery method for more than 50% of the total number of
17projects bid for each fiscal year. Projects with a total
18construction cost valued greater than $20,000,000 may be bid
19using the single prime delivery method at the discretion of
20the public institution of higher education.
21    With respect to any construction project described in this
22subsection (a-5), the public institution of higher education
23shall: (i) specify in writing as a public record that the
24project shall comply with the Business Enterprise for
25Minorities, Women, and Persons with Disabilities Act and the
26equal employment practices of Section 2-105 of the Illinois

 

 

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1Human Rights Act; and (ii) report annually to the Governor,
2General Assembly, Procurement Policy Board, and Auditor
3General on the bidding, award, and performance of all single
4prime projects. On or after the effective date of this
5amendatory Act of the 102nd General Assembly, the public
6institution of higher education may award in each fiscal year
7single prime contracts with an aggregate total value of no
8more than $100,000,000. The Board of Trustees of the
9University of Illinois may award in each fiscal year single
10prime 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
13the 101st General Assembly and through December 31, 2024 2020,
14for single prime projects: (i) the bid of the successful low
15bidder shall identify the name of the subcontractor, if any,
16and the bid proposal costs for each of the 5 subdivisions of
17work set forth in this Section; (ii) the contract entered into
18with the successful bidder shall provide that no identified
19subcontractor may be terminated without the written consent of
20the Capital Development Board; (iii) the contract shall comply
21with the disadvantaged business practices of the Business
22Enterprise for Minorities, Women, and Persons with
23Disabilities Act and the equal employment practices of Section
242-105 of the Illinois Human Rights Act; and (iv) the Capital
25Development Board shall submit an annual report to the General
26Assembly and Governor on the bidding, award, and performance

 

 

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1of all single prime projects.
2    For building construction projects with a total
3construction cost valued at $5,000,000 or less, the Capital
4Development Board shall not use the single prime procurement
5delivery method for more than 50% of the total number of
6projects bid for each fiscal year. Any project with a total
7construction cost valued greater than $5,000,000 may be bid
8using single prime at the discretion of the Executive Director
9of the Capital Development Board.
10    (b) The provisions of this subsection are operative on and
11after January 1, 2025 2022. For building construction
12contracts in excess of $250,000, separate specifications shall
13be prepared for all equipment, labor, and materials in
14connection with the following 5 subdivisions of the work to be
15performed:
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
26and independent bidding upon each of the 5 subdivisions of

 

 

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1work. All contracts awarded for any part thereof shall award
2the 5 subdivisions of work separately to responsible and
3reliable persons, firms, or corporations engaged in these
4classes of work. The contracts, at the discretion of the
5construction agency, may be assigned to the successful bidder
6on the general contract work or to the successful bidder on the
7subdivision of work designated by the construction agency
8before the bidding as the prime subdivision of work, provided
9that all payments will be made directly to the contractors for
10the 5 subdivisions of work upon compliance with the conditions
11of the contract.
12(Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19;
13101-645, 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
14proprietorship, firm, partnership, corporation, or other legal
15entity providing construction management services for the
16Board and prequalified by the State in accordance with 30 ILCS
17500/33-10.
18    "Board" means the Capital Development Board and public
19institutions 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
23requirements for persons performing construction work.
24    (a) Upon the award of a construction management services
25contract, a construction manager must contract with the Board

 

 

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1to furnish his or her skill and judgment in cooperation with,
2and reliance upon, the services of the project architect or
3engineer. The construction manager must furnish business
4administration, management of the construction process, and
5other specified services to the Board and must perform his or
6her obligations in an expeditious and economical manner
7consistent with the interest of the Board. If it is in the
8State's best interest, the construction manager may provide or
9perform basic services for which reimbursement is provided in
10the general conditions to the construction management services
11contract.
12    (b) The actual construction work on the project must be
13awarded to contractors under this Code. The Capital
14Development Board may further separate additional divisions of
15work under this Article. This subsection is subject to the
16applicable 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
6changing 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
10General Assembly that the State construction agency Capital
11Development Board be allowed to use the design-build delivery
12method for public projects if it is shown to be in the State's
13best interest for that particular project. It shall be the
14policy of the State construction agency Capital Development
15Board in the procurement of design-build services to publicly
16announce all requirements for design-build services and to
17procure these services on the basis of demonstrated competence
18and qualifications and with due regard for the principles of
19competitive selection.
20    The State construction agency Capital Development Board
21shall, prior to issuing requests for proposals, promulgate and
22publish procedures for the solicitation and award of contracts
23pursuant to this Act.
24    The State construction agency Capital Development Board

 

 

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1shall, for each public project or projects permitted under
2this Act, make a written determination, including a
3description as to the particular advantages of the
4design-build procurement method, that it is in the best
5interests of this State to enter into a design-build contract
6for the project or projects. In making that determination, the
7following 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
18procurement method unless the agency determines in writing
19that the project will comply with the disadvantaged business
20and equal employment practices of the State as established in
21the Business Enterprise for Minorities, Women, and Persons
22with Disabilities Act and Section 2-105 of the Illinois Human
23Rights Act.
24    The State construction agency Capital Development Board
25shall within 15 days after the initial determination provide
26an advisory copy to the Procurement Policy Board and maintain

 

 

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1the 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
7Board and public institutions of higher education.
8    "Delivery system" means the design and construction
9approach used to develop and construct a project.
10    "Design-bid-build" means the traditional delivery system
11used on public projects in this State that incorporates the
12Architectural, Engineering, and Land Surveying Qualification
13Based Selection Act (30 ILCS 535/) and the principles of
14competitive selection in the Illinois Procurement Code (30
15ILCS 500/).
16    "Design-build" means a delivery system that provides
17responsibility within a single contract for the furnishing of
18architecture, engineering, land surveying and related services
19as required, and the labor, materials, equipment, and other
20construction services for the project.
21    "Design-build contract" means a contract for a public
22project under this Act between the State construction agency
23and a design-build entity to furnish architecture,
24engineering, land surveying, and related services as required,
25and to furnish the labor, materials, equipment, and other

 

 

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1construction services for the project. The design-build
2contract may be conditioned upon subsequent refinements in
3scope and price and may allow the State construction agency to
4make modifications in the project scope without invalidating
5the design-build contract.
6    "Design-build entity" means any individual, sole
7proprietorship, firm, partnership, joint venture, corporation,
8professional corporation, or other entity that proposes to
9design and construct any public project under this Act. A
10design-build entity and associated design-build professionals
11shall conduct themselves in accordance with the laws of this
12State and the related provisions of the Illinois
13Administrative Code, as referenced by the licensed design
14professionals Acts of this State.
15    "Design professional" means any individual, sole
16proprietorship, firm, partnership, joint venture, corporation,
17professional corporation, or other entity that offers services
18under the Illinois Architecture Practice Act of 1989 (225 ILCS
19305/), the Professional Engineering Practice Act of 1989 (225
20ILCS 325/), the Structural Engineering Licensing Act of 1989
21(225 ILCS 340/), or the Illinois Professional Land Surveyor
22Act of 1989 (225 ILCS 330/).
23    "Evaluation criteria" means the requirements for the
24separate phases of the selection process as defined in this
25Act and may include the specialized experience, technical
26qualifications and competence, capacity to perform, past

 

 

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1performance, experience with similar projects, assignment of
2personnel to the project, and other appropriate factors. Price
3may not be used as a factor in the evaluation of Phase I
4proposals.
5    "Proposal" means the offer to enter into a design-build
6contract as submitted by a design-build entity in accordance
7with this Act.
8    "Request for proposal" means the document used by the
9State construction agency to solicit proposals for a
10design-build contract.
11    "Scope and performance criteria" means the requirements
12for the public project, including but not limited to, the
13intended usage, capacity, size, scope, quality and performance
14standards, life-cycle costs, and other programmatic criteria
15that are expressed in performance-oriented and quantifiable
16specifications and drawings that can be reasonably inferred
17and are suited to allow a design-build entity to develop a
18proposal.
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
23July 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
215, 2021.".