Full Text of SB2843 94th General Assembly
SB2843 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2843
Introduced 1/20/2006, by Sen. Jeffrey M. Schoenberg SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. With respect to construction contracts in excess of $250,000 for which the Capital Development Board is the chief procurement officer, provides that the State shall not be liable for monetary damages due to delay caused by a contractor or subcontractor. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2843 |
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LRB094 17450 JAM 52745 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by | 5 |
| changing Section 30-30 as follows:
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| (30 ILCS 500/30-30)
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| Sec. 30-30. Contracts in excess of $250,000.
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| (a) For
building construction contracts in excess of
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| $250,000, separate specifications shall be prepared for all
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| equipment, labor, and materials in
connection with the | 11 |
| following 5 subdivisions of the work to be
performed:
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| (1) plumbing;
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| (2) heating, piping, refrigeration, and automatic
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| temperature control systems,
including the testing and | 15 |
| balancing of those systems;
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| (3) ventilating and distribution systems for
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| conditioned air, including the testing
and balancing of | 18 |
| those systems;
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| (4) electric wiring; and
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| (5) general contract work.
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| The specifications must be so drawn as to permit separate | 22 |
| and
independent bidding upon
each of the 5 subdivisions of | 23 |
| work. All contracts awarded
for any part thereof shall
award | 24 |
| the 5 subdivisions of work separately to responsible and
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| reliable persons, firms, or
corporations engaged in these | 26 |
| classes of work. The contracts, at
the discretion of the
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| construction agency, may be assigned to the successful bidder | 28 |
| on
the general contract work or
to the successful bidder on the | 29 |
| subdivision of work designated by
the construction agency | 30 |
| before
the bidding as the prime subdivision of work, provided | 31 |
| that all
payments will be made directly
to the contractors for | 32 |
| the 5 subdivisions of work upon compliance
with the conditions |
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SB2843 |
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LRB094 17450 JAM 52745 b |
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| of the
contract. A contract may be let for one or more | 2 |
| buildings in any
project to the same contractor.
The | 3 |
| specifications shall require, however, that unless the
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| buildings are identical, a separate price
shall be submitted | 5 |
| for each building. The contract may be awarded
to the lowest | 6 |
| responsible
bidder for each or all of the buildings included in | 7 |
| the
specifications.
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| (b) Until a date 2 years after the effective date of this | 9 |
| amendatory Act of the 93rd General Assembly, the requirements | 10 |
| of this Section , other than subsection (d), do not apply to the | 11 |
| construction of an Emergency Operations Center for the Illinois | 12 |
| Emergency Management Agency if (i) the majority of the funding | 13 |
| for the project is from federal funds, (ii) the bid of the | 14 |
| successful bidder identifies the name of the subcontractor, if | 15 |
| any, and the bid proposal costs for each of the 5 subdivisions | 16 |
| of work set forth in this Section, and (iii) the contract | 17 |
| entered into with the successful bidder provides that no | 18 |
| identified subcontractor may be terminated without the written | 19 |
| consent of the Capital Development Board.
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| (c) Until a date 5 years after the effective date of this | 21 |
| amendatory Act of the 94th General Assembly, the requirements | 22 |
| of this Section , other than subsection (d), do not apply to the | 23 |
| Capitol Building HVAC upgrade project if (i) the bid of the | 24 |
| successful bidder identifies the name of the subcontractor, if | 25 |
| any, and the bid proposal costs for each of the 5 subdivisions | 26 |
| of work set forth in this Section, and (ii) the contract | 27 |
| entered into with the successful bidder provides that no | 28 |
| identified subcontractor may be terminated without the written | 29 |
| consent of the Capital Development Board.
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| (d) With respect to contracts subject to this Section for | 31 |
| which the Capital Development Board is the chief procurement | 32 |
| officer, the State shall not be liable for monetary damages due | 33 |
| to the delay of a contractor or subcontractor.
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| (Source: P.A. 93-1035, eff. 9-10-04; 94-699, eff. 11-29-05.)
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| Section 99. Effective date. This Act takes effect upon |
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LRB094 17450 JAM 52745 b |
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| becoming law.
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