Illinois General Assembly - Full Text of SB1535
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Full Text of SB1535  102nd General Assembly

SB1535 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1535

 

Introduced 2/26/2021, by Sen. Antonio Muñoz

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/1-15.93
30 ILCS 500/30-30
30 ILCS 500/33-5
30 ILCS 500/33-50
30 ILCS 537/5
30 ILCS 537/10

    Amends the Illinois Procurement Code. Amends the Illinois Procurement Code. Modifies the term "single prime" to mean the design-bid-build procurement delivery method for a building construction project in which the Capital Development Board or a public institution of higher education (currently, only the Capital Development Board) is the construction agency procuring 2 or more specified subdivisions of work. Provides that for building construction contracts in excess of $250,000, separate specifications may be prepared for all equipment, labor, and materials in connection with the 5 subdivisions of the work to be performed. Modifies requirements concerning specifications to be drawn so as to permit separate and independent bidding. Provides requirements for single prime projects in which the Capital Development Board or an institution of higher education is the construction agency procuring for building construction contracts in excess of $250,000. Amends the Design-Build Procurement Act. Provides that the term "State construction agency" as used in the Act includes institutions of higher education. Extends repeal and inoperative dates. Makes conforming and other changes. Effective December 15, 2021.


LRB102 15919 RJF 21288 b

 

 

A BILL FOR

 

SB1535LRB102 15919 RJF 21288 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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7    (Section scheduled to be repealed on January 1, 2022)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, 2032 2022.
16(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20.)
 
17    (30 ILCS 500/30-30)
18    Sec. 30-30. Design-bid-build construction.
19    (a) The provisions of this subsection are operative
20through December 31, 2031 2021.
21    Except as provided in subsections (a-5) or (a-10), for For
22building construction contracts in excess of $250,000,

 

 

SB1535- 2 -LRB102 15919 RJF 21288 b

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

 

 

SB1535- 3 -LRB102 15919 RJF 21288 b

1    (a-5) Beginning on the effective date of this amendatory
2Act of the 102nd General Assembly and through December 31,
32031, for single prime projects in which the Capital
4Development Board is the construction agency procuring for
5building construction contracts in excess of $250,000,
6separate specifications may be prepared for all equipment,
7labor, and materials in connection with the 5 subdivisions of
8work enumerated in subsection (a). Any Capital Development
9Board construction contracts awarded for any part thereof may
10award 2 or more of the 5 subdivisions of work together or
11separately to responsible and reliable persons, firms, or
12corporations engaged in these classes of work.
13    For Capital Development Board single prime projects: (i)
14the bid of the successful low bidder shall identify the name of
15the subcontractor, if any, and the bid proposal costs for each
16of the 5 subdivisions of work set forth in subsection (a); (ii)
17the contract entered into with the successful bidder shall
18provide that no identified subcontractor may be terminated
19without the written consent of the Capital Development Board;
20(iii) the contract shall comply with the disadvantaged
21business practices of the Business Enterprise for Minorities,
22Women, and Persons with Disabilities Act and the equal
23employment practices of Section 2-105 of the Illinois Human
24Rights Act; (iv) the successful low bidder shall be
25prequalified by the Capital Development Board; and (v) until
26December 31, 2026, for building construction projects with a

 

 

SB1535- 4 -LRB102 15919 RJF 21288 b

1total construction cost valued at $5,000,000 or less, the
2Capital Development Board shall not use the single prime
3delivery method for more than 50% of the total number of
4projects bid for each fiscal year.
5    With respect to any construction project described in this
6subsection (a-5), the Capital Development Board shall: (i)
7specify in writing as a public record that the project shall
8comply with the Business Enterprise for Minorities, Women, and
9Persons with Disabilities Act and the equal employment
10practices of Section 2-105 of the Illinois Human Rights Act;
11and (ii) report annually to the Governor and General Assembly
12on the bidding, award, and performance of all single prime
13projects.
14    (a-10) Beginning on the effective date of this amendatory
15Act of the 102nd General Assembly and through December 31,
162031, for single prime projects in which a public institution
17of higher education is a construction agency procuring for
18building construction contracts in excess of $250,000,
19separate specifications may be prepared for all equipment,
20labor, and materials in connection with the 5 subdivisions of
21work enumerated in subsection (a). Any public institution of
22higher education contract awarded for any part thereof may
23award 2 or more of the 5 subdivisions of work together or
24separately to responsible and reliable persons, firms, or
25corporations engaged in these classes of work if: (i) the
26public institution of higher education has submitted to the

 

 

SB1535- 5 -LRB102 15919 RJF 21288 b

1Procurement Policy Board a written notice that shall include
2the reasons for using the single prime method and an
3explanation of why the use of that method is in the best
4interest of the State. The notice provided under this item (i)
5shall be posted on the public institution of higher
6education's online procurement webpage and on the online
7Procurement Bulletin at least 3 business days following
8submission to the Procurement Policy Board; (ii) the
9successful low bidder has prequalified with the public
10institution of higher education; (iii) the bid of the
11successful low bidder identifies the name of the
12subcontractor, if any, and the bid proposal costs for each of
13the 5 subdivisions of work set forth in subsection (a); (iv)
14the contract entered into with the successful bidder provides
15that no identified subcontractor may be terminated without the
16written consent of the public institution of higher education;
17and (v) the successful low bidder has prequalified with the
18University of Illinois or with Capital Development Board.
19    For building construction projects with a total
20construction cost valued at $20,000,000 or less, public
21institutions of higher education shall not use the single
22prime delivery method for more than 50% of the total number of
23projects bid for each fiscal year. Projects with a total
24construction cost valued greater than $20,000,000 may be bid
25using the single prime delivery method at the discretion of
26the public institution of higher education.

 

 

SB1535- 6 -LRB102 15919 RJF 21288 b

1    With respect to any construction project described in this
2subsection (a-10), the public institution of higher education
3shall: (i) specify in writing as a public record that the
4project shall comply with the Business Enterprise for
5Minorities, Women, and Persons with Disabilities Act and the
6equal employment practices of Section 2-105 of the Illinois
7Human Rights Act; and (ii) report annually to the Governor,
8General Assembly, Procurement Policy Board, and Auditor
9General on the bidding, award, and performance of all single
10prime projects. On or after the effective date of this
11amendatory Act of the 102nd General Assembly, the public
12institution of higher education may award in each fiscal year
13single prime contracts with an aggregate total value of no
14more than $100,000,000. The Board of Trustees of the
15University of Illinois may award in each fiscal year single
16prime contracts with an aggregate total value of no more than
17$300,000,000.
18    Beginning on the effective date of this amendatory Act of
19the 101st General Assembly and through December 31, 2020, for
20single prime projects: (i) the bid of the successful low
21bidder shall identify the name of the subcontractor, if any,
22and the bid proposal costs for each of the 5 subdivisions of
23work set forth in this Section; (ii) the contract entered into
24with the successful bidder shall provide that no identified
25subcontractor may be terminated without the written consent of
26the Capital Development Board; (iii) the contract shall comply

 

 

SB1535- 7 -LRB102 15919 RJF 21288 b

1with the disadvantaged business practices of the Business
2Enterprise for Minorities, Women, and Persons with
3Disabilities Act and the equal employment practices of Section
42-105 of the Illinois Human Rights Act; and (iv) the Capital
5Development Board shall submit an annual report to the General
6Assembly and Governor on the bidding, award, and performance
7of all single prime projects.
8    For building construction projects with a total
9construction cost valued at $5,000,000 or less, the Capital
10Development Board shall not use the single prime procurement
11delivery method for more than 50% of the total number of
12projects bid for each fiscal year. Any project with a total
13construction cost valued greater than $5,000,000 may be bid
14using single prime at the discretion of the Executive Director
15of the Capital Development Board.
16    (b) The provisions of this subsection are operative on and
17after January 1, 2032 2022. For building construction
18contracts in excess of $250,000, separate specifications shall
19be prepared for all equipment, labor, and materials in
20connection with the following 5 subdivisions of the work to be
21performed:
22        (1) plumbing;
23        (2) heating, piping, refrigeration, and automatic
24    temperature control systems, including the testing and
25    balancing of those systems;
26        (3) ventilating and distribution systems for

 

 

SB1535- 8 -LRB102 15919 RJF 21288 b

1    conditioned air, including the testing and balancing of
2    those systems;
3        (4) electric wiring; and
4        (5) general contract work.
5    The specifications must be so drawn as to permit separate
6and independent bidding upon each of the 5 subdivisions of
7work. All contracts awarded for any part thereof shall award
8the 5 subdivisions of work separately to responsible and
9reliable persons, firms, or corporations engaged in these
10classes of work. The contracts, at the discretion of the
11construction agency, may be assigned to the successful bidder
12on the general contract work or to the successful bidder on the
13subdivision of work designated by the construction agency
14before the bidding as the prime subdivision of work, provided
15that all payments will be made directly to the contractors for
16the 5 subdivisions of work upon compliance with the conditions
17of the contract.
18(Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19;
19101-645, eff. 6-26-20.)
 
20    (30 ILCS 500/33-5)
21    Sec. 33-5. Definitions. In this Article:
22    "Construction management services" includes:
23        (1) services provided in the planning and
24    pre-construction phases of a construction project
25    including, but not limited to, consulting with, advising,

 

 

SB1535- 9 -LRB102 15919 RJF 21288 b

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

 

 

SB1535- 10 -LRB102 15919 RJF 21288 b

1    aspects of the project and implementing those procedures;
2    maintaining job site records and making appropriate
3    progress reports; implementing labor policy in conformance
4    with the requirements of the public owner; reviewing the
5    safety and equal opportunity programs of each contractor
6    for conformance with the public owner's policy and making
7    recommendations; reviewing and processing all applications
8    for payment by involved contractors and material suppliers
9    in accordance with the terms of the contract; making
10    recommendations and processing requests for changes in the
11    work and maintaining records of change orders; scheduling
12    and conducting job meetings to ensure orderly progress of
13    the work; developing and monitoring a project progress
14    schedule, coordinating and expediting the work of all
15    contractors and providing periodic status reports to the
16    owner and the architect or engineer; and establishing and
17    maintaining a cost control system and conducting meetings
18    to review costs.
19    "Construction manager" means any individual, sole
20proprietorship, firm, partnership, corporation, or other legal
21entity providing construction management services for the
22Board and prequalified by the State in accordance with 30 ILCS
23500/33-10.
24    "Board" means the Capital Development Board and public
25institutions of higher education.
26(Source: P.A. 94-532, eff. 8-10-05.)
 

 

 

SB1535- 11 -LRB102 15919 RJF 21288 b

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

 

 

SB1535- 12 -LRB102 15919 RJF 21288 b

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

 

 

SB1535- 13 -LRB102 15919 RJF 21288 b

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

 

 

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1the Business Enterprise for Minorities, Women, and Persons
2with Disabilities Act and Section 2-105 of the Illinois Human
3Rights Act.
4    The State construction agency Capital Development Board
5shall within 15 days after the initial determination provide
6an advisory copy to the Procurement Policy Board and maintain
7the full record of determination for 5 years.
8(Source: P.A. 100-391, eff. 8-25-17.)
 
9    (30 ILCS 537/10)
10    (Section scheduled to be repealed on July 1, 2022)
11    Sec. 10. Definitions. As used in this Act:
12    "State construction agency" means the Capital Development
13Board and public institutions of higher education.
14    "Delivery system" means the design and construction
15approach used to develop and construct a project.
16    "Design-bid-build" means the traditional delivery system
17used on public projects in this State that incorporates the
18Architectural, Engineering, and Land Surveying Qualification
19Based Selection Act (30 ILCS 535/) and the principles of
20competitive selection in the Illinois Procurement Code (30
21ILCS 500/).
22    "Design-build" means a delivery system that provides
23responsibility within a single contract for the furnishing of
24architecture, engineering, land surveying and related services
25as required, and the labor, materials, equipment, and other

 

 

SB1535- 15 -LRB102 15919 RJF 21288 b

1construction services for the project.
2    "Design-build contract" means a contract for a public
3project under this Act between the State construction agency
4and a design-build entity to furnish architecture,
5engineering, land surveying, and related services as required,
6and to furnish the labor, materials, equipment, and other
7construction services for the project. The design-build
8contract may be conditioned upon subsequent refinements in
9scope and price and may allow the State construction agency to
10make modifications in the project scope without invalidating
11the design-build contract.
12    "Design-build entity" means any individual, sole
13proprietorship, firm, partnership, joint venture, corporation,
14professional corporation, or other entity that proposes to
15design and construct any public project under this Act. A
16design-build entity and associated design-build professionals
17shall conduct themselves in accordance with the laws of this
18State and the related provisions of the Illinois
19Administrative Code, as referenced by the licensed design
20professionals Acts of this State.
21    "Design professional" means any individual, sole
22proprietorship, firm, partnership, joint venture, corporation,
23professional corporation, or other entity that offers services
24under the Illinois Architecture Practice Act of 1989 (225 ILCS
25305/), the Professional Engineering Practice Act of 1989 (225
26ILCS 325/), the Structural Engineering Licensing Act of 1989

 

 

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1(225 ILCS 340/), or the Illinois Professional Land Surveyor
2Act of 1989 (225 ILCS 330/).
3    "Evaluation criteria" means the requirements for the
4separate phases of the selection process as defined in this
5Act and may include the specialized experience, technical
6qualifications and competence, capacity to perform, past
7performance, experience with similar projects, assignment of
8personnel to the project, and other appropriate factors. Price
9may not be used as a factor in the evaluation of Phase I
10proposals.
11    "Proposal" means the offer to enter into a design-build
12contract as submitted by a design-build entity in accordance
13with this Act.
14    "Request for proposal" means the document used by the
15State construction agency to solicit proposals for a
16design-build contract.
17    "Scope and performance criteria" means the requirements
18for the public project, including but not limited to, the
19intended usage, capacity, size, scope, quality and performance
20standards, life-cycle costs, and other programmatic criteria
21that are expressed in performance-oriented and quantifiable
22specifications and drawings that can be reasonably inferred
23and are suited to allow a design-build entity to develop a
24proposal.
25(Source: P.A. 94-716, eff. 12-13-05.)
 
26    Section 99. Effective date. This Act takes effect December

 

 

SB1535- 17 -LRB102 15919 RJF 21288 b

115, 2021.