HB2701 98TH GENERAL ASSEMBLY

LRB098 09804 OMW 39955 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2701

Introduced 2/21/2013, by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

30 ILCS 535/15	from Ch. 127, par. 4151-15
30 ILCS 535/36 new

Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Sets forth requirements for responsible bidders on material testing contracts.

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Architectural, Engineering, and Land Surveying Qualifications Based Selection Act is amended by changing Section 15 and by adding Section 36 as follows:

(30 ILCS 535/15) (from Ch. 127, par. 4151-15)

Sec. 15. Definitions. As used in this Act:

"Architectural services" means any professional service as defined in Section 5 of the Illinois Architecture Practice Act of 1989.

"Engineering services" means any professional service as defined in Section 4 of the Professional Engineering Practice Act of 1989 or Section 5 of the Structural Engineering Practice Act of 1989.

"Firm" means any individual, sole proprietorship, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, engineering, or land surveying and provide those services.

"Land surveying services" means any professional service as defined in Section 5 of the Illinois Professional Land Surveyor Act of 1989.

"Material testing" means hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt; field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; and adjusting proportions of bituminous mixtures.

"Project" means any capital improvement project or any design, study, plan, survey, or new or existing program activity of a State agency, including development of new or existing programs that require architectural, engineering, or land surveying services.

"State agency" means any department, commission, council, board, bureau, committee, institution, agency, university, government corporation, authority, or other establishment or official of this State.

(Source: P.A. 91-91, eff. 1-1-00.)

(30 ILCS 535/36 new)

Sec. 36. Material testing contracts; responsible bidder requirements. To be considered a responsible bidder on a material testing contract for purposes of this Act, a bidder must comply with all of the following requirements and must present satisfactory evidence of that compliance to the appropriate construction agency:

(a) Evidence of compliance with all applicable laws concerning the bidder's entitlement to conduct business in Illinois.

(b) A sworn statement of the bidder's compliance with all provisions of the applicable Prevailing Wage Act.

(c) A sworn statement of the bidder's compliance with Subchapter VI (Equal Employment Opportunities) of Chapter 21 of Title 42 of the United States Code (42 U.S.C. 2000e and following) and with federal Executive Order No. 11246 as amended by federal Executive Order No. 11375.

(d) Evidence of a valid Federal Employer Identification Number or, if an individual, a valid Social Security Number.

(e) Evidence that the bidder and all bidder's subcontractors secured workers' compensation insurance for covered employees. If the bidder or bidder's subcontractors are insured with a carrier, the evidence of workers' compensation insurance must be a copy of the first page of the information page of the bidder's and bidder's subcontractors' workers' compensation policy, and any continuation attachments of that information page, and a certificate of liability insurance.

(1) The information page must include the name and address of the insured as well as the class codes the compensation premium is based on and the total estimated remuneration per class code.

(2) The certificate of liability insurance must include the following information and documentation in order to be considered valid evidence of workers' compensation insurance coverage:

(A) the producer section listing the producer's name, address, and telephone phone number;

(B) the insurer's affording coverage section listing the name of the carrier that is providing workers' compensation insurance;

(C) the name of the bidder or bidder's subcontractors listed as the insured;

(D) the proper policy number or binder number for the workers' compensation and employers' liability insurance;

(E) the dollar limits of coverage listed for the workers' compensation and employers' liability insurance;

(F) the signature of an authorized representative under the certificate of liability insurance;

(G) an issue date of the certificate of liability insurance that precedes the date the bidder submitted a bid for the project; and

(H) a date or time frame under which the work is to be performed by the bidder and bidder's subcontractors that falls within the policy effective and policy expiration dates listed on the certificate of liability insurance.

(3) The information required under items (1) and (2) of this subdivision (e) must be provided by the bidder's or bidder's subcontractors' carrier and may not be provided by the bidder's or bidder's subcontractors' insurance agent.

(iv) The information required under items (1) and (2) of this subdivision (e) must be preserved by the bidder for at least 3 years and must be made available to the construction agency and the public in accordance with the Freedom of Information Act.

(f) Evidence that the bidder and all bidder's subcontractors participate in applicable apprenticeship and training programs approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization.

(g) Evidence of compliance with the requirements of the Public Construction Bond Act and furnishing, supplying, and delivering a surety bond by a surety company acceptable to the appropriate construction agency. It is recommended that the surety company issuing the bond or surety be listed in Best's Key Rating Guide with a rating of B or better, be listed in the Treasury Circular, or be listed in both. The bond and sureties are subject to the right of reasonable approval or disapproval, including suspension, by the appropriate construction agency.

(h) Evidence of any professional or trade license required by law for any trade or specialty area in which the bidder is seeking a contract award. Additionally, the bidder must disclose any suspension or revocation of such a license held by the bidder or by any director, officer, or manager employed by the bidder.

(i) Bidders must provide a sworn statement that employees to be employed on the project are properly classified as either (i) an employee or (ii) an independent contractor under all applicable state and federal laws and local ordinances.

(j) The information, documentation, and evidence required under this Section are a material part of the contract and the failure of a bidder to comply with the provisions of this Section shall result in the bidder's disqualification from being awarded the contract.

(k) When the award is not recommended to be given to the lowest bidder, a statement of the reasons for that recommendation must be prepared by the construction agency.

(l) The provisions of this Section do not apply to any federally funded construction project if application to that project would jeopardize the receipt or use of federal funds in support of that project.