Illinois General Assembly - Full Text of SB3826
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Full Text of SB3826  102nd General Assembly

SB3826 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3826

 

Introduced 1/21/2022, 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
30 ILCS 537/90

    Amends the Illinois Procurement Code. Modifies provisions concerning design-bid-build construction and requirements concerning the use of the single prime procurement delivery method for specified building construction projects. 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.


LRB102 23878 RJF 33072 b

 

 

A BILL FOR

 

SB3826LRB102 23878 RJF 33072 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7    (Section scheduled to be repealed on January 1, 2024)
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 This Section is repealed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 2024.
16(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;
17102-671, eff. 11-30-21.)
 
18    (30 ILCS 500/30-30)
19    Sec. 30-30. Design-bid-build construction.
20    (a) The provisions of this subsection are operative
21through December 31, 2024 2023.
22    Except as provided in subsection (a-5), for For building

 

 

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

 

 

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1of the contract.
2    Beginning on the effective date of this amendatory Act of
3the 101st General Assembly and through December 31, 2024 2023,
4for single prime projects: (i) the bid of the successful low
5bidder shall identify the name of the subcontractor, if any,
6and the bid proposal costs for each of the 5 subdivisions of
7work set forth in this Section; (ii) the contract entered into
8with the successful bidder shall provide that no identified
9subcontractor may be terminated without the written consent of
10the Capital Development Board; (iii) the contract shall comply
11with the disadvantaged business practices of the Business
12Enterprise for Minorities, Women, and Persons with
13Disabilities Act and the equal employment practices of Section
142-105 of the Illinois Human Rights Act; and (iv) the Capital
15Development Board shall submit an annual report to the General
16Assembly and Governor on the bidding, award, and performance
17of all single prime projects.
18    For building construction projects with a total
19construction cost valued at $5,000,000 or less, the Capital
20Development Board shall not use the single prime procurement
21delivery method for more than 50% of the total number of
22projects bid for each fiscal year. Any project with a total
23construction cost valued greater than $5,000,000 may be bid
24using single prime at the discretion of the Executive Director
25of the Capital Development Board.
26    (a-5) Beginning on the effective date of this amendatory

 

 

SB3826- 4 -LRB102 23878 RJF 33072 b

1Act of the 102nd General Assembly and through December 31,
22024, for single prime projects in which a public institution
3of higher education is a construction agency procuring for
4building construction contracts in excess of $250,000,
5separate specifications may be prepared for all equipment,
6labor, and materials in connection with the 5 subdivisions of
7work enumerated in subsection (a). Any public institution of
8higher education contract awarded for any part thereof may
9award 2 or more of the 5 subdivisions of work together or
10separately to responsible and reliable persons, firms, or
11corporations engaged in these classes of work if: (i) the
12public institution of higher education has submitted to the
13Procurement Policy Board a written notice that shall include
14the reasons for using the single prime method and an
15explanation of why the use of that method is in the best
16interest of the State. The notice provided under this item (i)
17shall be posted on the public institution of higher
18education's online procurement webpage and on the online
19Procurement Bulletin at least 3 business days following
20submission to the Procurement Policy Board; (ii) the
21successful low bidder has prequalified with the public
22institution of higher education; (iii) the bid of the
23successful low bidder identifies the name of the
24subcontractor, if any, and the bid proposal costs for each of
25the 5 subdivisions of work set forth in subsection (a); (iv)
26the contract entered into with the successful bidder provides

 

 

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1that no identified subcontractor may be terminated without the
2written consent of the public institution of higher education;
3and (v) the successful low bidder has prequalified with the
4University of Illinois or with Capital Development Board.
5    For building construction projects with a total
6construction cost valued at $20,000,000 or less, public
7institutions of higher education shall not use the single
8prime delivery method for more than 50% of the total number of
9projects bid for each fiscal year. Projects with a total
10construction cost valued greater than $20,000,000 may be bid
11using the single prime delivery method at the discretion of
12the public institution of higher education.
13    With respect to any construction project described in this
14subsection (a-5), the public institution of higher education
15shall: (i) specify in writing as a public record that the
16project shall comply with the Business Enterprise for
17Minorities, Women, and Persons with Disabilities Act and the
18equal employment practices of Section 2-105 of the Illinois
19Human Rights Act; and (ii) report annually to the Governor,
20General Assembly, Procurement Policy Board, and Auditor
21General on the bidding, award, and performance of all single
22prime projects. On or after the effective date of this
23amendatory Act of the 102nd General Assembly, the public
24institution of higher education may award in each fiscal year
25single prime contracts with an aggregate total value of no
26more than $100,000,000. The Board of Trustees of the

 

 

SB3826- 6 -LRB102 23878 RJF 33072 b

1University of Illinois may award in each fiscal year single
2prime contracts with an aggregate total value of no more than
3$300,000,000.
4    (b) The provisions of this subsection are operative on and
5after January 1, 2025 2024. For building construction
6contracts in excess of $250,000, separate specifications shall
7be prepared for all equipment, labor, and materials in
8connection with the following 5 subdivisions of the work to be
9performed:
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 must 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 shall award
22the 5 subdivisions of work separately to responsible and
23reliable persons, firms, or corporations engaged in these
24classes of work. The contracts, at the discretion of the
25construction agency, may be assigned to the successful bidder
26on the general contract work or to the successful bidder on the

 

 

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1subdivision of work designated by the construction agency
2before the bidding as the prime subdivision of work, provided
3that all payments will be made directly to the contractors for
4the 5 subdivisions of work upon compliance with the conditions
5of the contract.
6(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;
7102-671, eff. 11-30-21.)
 
8    (30 ILCS 500/33-5)
9    Sec. 33-5. Definitions. In this Article:
10    "Construction management services" includes:
11        (1) services provided in the planning and
12    pre-construction phases of a construction project
13    including, but not limited to, consulting with, advising,
14    assisting, and making recommendations to the Capital
15    Development Board and architect, engineer, or licensed
16    land surveyor on all aspects of planning for project
17    construction; reviewing all plans and specifications as
18    they are being developed and making recommendations with
19    respect to construction feasibility, availability of
20    material and labor, time requirements for procurement and
21    construction, and projected costs; making, reviewing, and
22    refining budget estimates based on the Board's program and
23    other available information; making recommendations to the
24    Board and the architect or engineer regarding the division
25    of work in the plans and specifications to facilitate the

 

 

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1    bidding and awarding of contracts; soliciting the interest
2    of capable contractors and taking bids on the project;
3    analyzing the bids received; and preparing and maintaining
4    a progress schedule during the design phase of the project
5    and preparation of a proposed construction schedule; and
6        (2) services provided in the construction phase of the
7    project including, but not limited to, maintaining
8    competent supervisory staff to coordinate and provide
9    general direction of the work and progress of the
10    contractors on the project; directing the work as it is
11    being performed for general conformance with working
12    drawings and specifications; establishing procedures for
13    coordinating among the Board, architect or engineer,
14    contractors, and construction manager with respect to all
15    aspects of the project and implementing those procedures;
16    maintaining job site records and making appropriate
17    progress reports; implementing labor policy in conformance
18    with the requirements of the public owner; reviewing the
19    safety and equal opportunity programs of each contractor
20    for conformance with the public owner's policy and making
21    recommendations; reviewing and processing all applications
22    for payment by involved contractors and material suppliers
23    in accordance with the terms of the contract; making
24    recommendations and processing requests for changes in the
25    work and maintaining records of change orders; scheduling
26    and conducting job meetings to ensure orderly progress of

 

 

SB3826- 9 -LRB102 23878 RJF 33072 b

1    the work; developing and monitoring a project progress
2    schedule, coordinating and expediting the work of all
3    contractors and providing periodic status reports to the
4    owner and the architect or engineer; and establishing and
5    maintaining a cost control system and conducting meetings
6    to review costs.
7    "Construction manager" means any individual, sole
8proprietorship, firm, partnership, corporation, or other legal
9entity providing construction management services for the
10Board and prequalified by the State in accordance with 30 ILCS
11500/33-10.
12    "Board" means the Capital Development Board and public
13institutions of higher education.
14(Source: P.A. 94-532, eff. 8-10-05.)
 
15    (30 ILCS 500/33-50)
16    Sec. 33-50. Duties of construction manager; additional
17requirements for persons performing construction work.
18    (a) Upon the award of a construction management services
19contract, a construction manager must contract with the Board
20to furnish his or her skill and judgment in cooperation with,
21and reliance upon, the services of the project architect or
22engineer. The construction manager must furnish business
23administration, management of the construction process, and
24other specified services to the Board and must perform his or
25her obligations in an expeditious and economical manner

 

 

SB3826- 10 -LRB102 23878 RJF 33072 b

1consistent with the interest of the Board. If it is in the
2State's best interest, the construction manager may provide or
3perform basic services for which reimbursement is provided in
4the general conditions to the construction management services
5contract.
6    (b) The actual construction work on the project must be
7awarded to contractors under this Code. The Capital
8Development Board may further separate additional divisions of
9work under this Article. This subsection is subject to the
10applicable provisions of the following Acts:
11        (1) the Prevailing Wage Act;
12        (2) the Public Construction Bond Act;
13        (3) the Public Works Employment Discrimination Act;
14        (4) the Public Works Preference Act (repealed on June
15    16, 2010 by Public Act 96-929);
16        (5) the Employment of Illinois Workers on Public Works
17    Act;
18        (6) the Public Contract Fraud Act;
19        (7) (blank); and
20        (8) the Illinois Architecture Practice Act of 1989,
21    the Professional Engineering Practice Act of 1989, the
22    Illinois Professional Land Surveyor Act of 1989, and the
23    Structural Engineering Practice Act of 1989.
24(Source: P.A. 101-149, eff. 7-26-19.)
 
25    Section 10. The Design-Build Procurement Act is amended by

 

 

SB3826- 11 -LRB102 23878 RJF 33072 b

1changing Sections 5, 10, and 90 as follows:
 
2    (30 ILCS 537/5)
3    (Section scheduled to be repealed on July 1, 2022)
4    Sec. 5. Legislative policy. It is the intent of the
5General Assembly that the State construction agency Capital
6Development Board be allowed to use the design-build delivery
7method for public projects if it is shown to be in the State's
8best interest for that particular project. It shall be the
9policy of the State construction agency Capital Development
10Board in the procurement of design-build services to publicly
11announce all requirements for design-build services and to
12procure these services on the basis of demonstrated competence
13and qualifications and with due regard for the principles of
14competitive selection.
15    The State construction agency Capital Development Board
16shall, prior to issuing requests for proposals, promulgate and
17publish procedures for the solicitation and award of contracts
18pursuant to this Act.
19    The State construction agency Capital Development Board
20shall, for each public project or projects permitted under
21this Act, make a written determination, including a
22description as to the particular advantages of the
23design-build procurement method, that it is in the best
24interests of this State to enter into a design-build contract
25for the project or projects. In making that determination, the

 

 

SB3826- 12 -LRB102 23878 RJF 33072 b

1following factors shall be considered:
2        (1) The probability that the design-build procurement
3    method will be in the best interests of the State by
4    providing a material savings of time or cost over the
5    design-bid-build or other delivery system.
6        (2) The type and size of the project and its
7    suitability to the design-build procurement method.
8        (3) The ability of the State construction agency to
9    define and provide comprehensive scope and performance
10    criteria for the project.
11    No State construction agency may use a design-build
12procurement method unless the agency determines in writing
13that the project will comply with the disadvantaged business
14and equal employment practices of the State as established in
15the Business Enterprise for Minorities, Women, and Persons
16with Disabilities Act and Section 2-105 of the Illinois Human
17Rights Act.
18    The State construction agency Capital Development Board
19shall within 15 days after the initial determination provide
20an advisory copy to the Procurement Policy Board and maintain
21the full record of determination for 5 years.
22(Source: P.A. 100-391, eff. 8-25-17.)
 
23    (30 ILCS 537/10)
24    (Section scheduled to be repealed on July 1, 2022)
25    Sec. 10. Definitions. As used in this Act:

 

 

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1    "State construction agency" means the Capital Development
2Board and public institutions of higher education.
3    "Delivery system" means the design and construction
4approach used to develop and construct a project.
5    "Design-bid-build" means the traditional delivery system
6used on public projects in this State that incorporates the
7Architectural, Engineering, and Land Surveying Qualification
8Based Selection Act (30 ILCS 535/) and the principles of
9competitive selection in the Illinois Procurement Code (30
10ILCS 500/).
11    "Design-build" means a delivery system that provides
12responsibility within a single contract for the furnishing of
13architecture, engineering, land surveying and related services
14as required, and the labor, materials, equipment, and other
15construction services for the project.
16    "Design-build contract" means a contract for a public
17project under this Act between the State construction agency
18and a design-build entity to furnish architecture,
19engineering, land surveying, and related services as required,
20and to furnish the labor, materials, equipment, and other
21construction services for the project. The design-build
22contract may be conditioned upon subsequent refinements in
23scope and price and may allow the State construction agency to
24make modifications in the project scope without invalidating
25the design-build contract.
26    "Design-build entity" means any individual, sole

 

 

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1proprietorship, firm, partnership, joint venture, corporation,
2professional corporation, or other entity that proposes to
3design and construct any public project under this Act. A
4design-build entity and associated design-build professionals
5shall conduct themselves in accordance with the laws of this
6State and the related provisions of the Illinois
7Administrative Code, as referenced by the licensed design
8professionals Acts of this State.
9    "Design professional" means any individual, sole
10proprietorship, firm, partnership, joint venture, corporation,
11professional corporation, or other entity that offers services
12under the Illinois Architecture Practice Act of 1989 (225 ILCS
13305/), the Professional Engineering Practice Act of 1989 (225
14ILCS 325/), the Structural Engineering Licensing Act of 1989
15(225 ILCS 340/), or the Illinois Professional Land Surveyor
16Act of 1989 (225 ILCS 330/).
17    "Evaluation criteria" means the requirements for the
18separate phases of the selection process as defined in this
19Act and may include the specialized experience, technical
20qualifications and competence, capacity to perform, past
21performance, experience with similar projects, assignment of
22personnel to the project, and other appropriate factors. Price
23may not be used as a factor in the evaluation of Phase I
24proposals.
25    "Proposal" means the offer to enter into a design-build
26contract as submitted by a design-build entity in accordance

 

 

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1with this Act.
2    "Request for proposal" means the document used by the
3State construction agency to solicit proposals for a
4design-build contract.
5    "Scope and performance criteria" means the requirements
6for the public project, including but not limited to, the
7intended usage, capacity, size, scope, quality and performance
8standards, life-cycle costs, and other programmatic criteria
9that are expressed in performance-oriented and quantifiable
10specifications and drawings that can be reasonably inferred
11and are suited to allow a design-build entity to develop a
12proposal.
13(Source: P.A. 94-716, eff. 12-13-05.)
 
14    (30 ILCS 537/90)
15    (Section scheduled to be repealed on July 1, 2022)
16    Sec. 90. Repealer. This Act is repealed on January 1, 2025
17July 1, 2022.
18(Source: P.A. 100-1189, eff. 4-5-19.)