Full Text of SB3185 101st General Assembly
SB3185sam001 101ST GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 3/3/2020
| | 10100SB3185sam001 | | LRB101 17347 RJF 71001 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3185
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3185 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 1-15.93, 30-30, 33-5, and 33-50 as follows: | 6 | | (30 ILCS 500/1-15.93) | 7 | | (Section scheduled to be repealed on January 1, 2021) | 8 | | Sec. 1-15.93. Single prime. "Single prime" means the | 9 | | design-bid-build procurement delivery method for a building | 10 | | construction project in which the Capital Development Board or | 11 | | a public institution of higher education is the construction | 12 | | agency procuring 2 or more subdivisions of work enumerated in | 13 | | paragraphs (1) through (5) of subsection (a) of Section 30-30 | 14 | | of this Code under a single contract. This Section is repealed | 15 | | on January 1, 2031 2021 .
| 16 | | (Source: P.A. 101-369, eff. 12-15-19 .)
|
| | | 10100SB3185sam001 | - 2 - | LRB101 17347 RJF 71001 a |
|
| 1 | | (30 ILCS 500/30-30)
| 2 | | Sec. 30-30. Design-bid-build construction. | 3 | | (a) The provisions of this subsection are operative through | 4 | | December 31, 2030 2020 . | 5 | | Except as provided in subsections (a-5) or (a-10), for For
| 6 | | building construction contracts in excess of
$250,000, | 7 | | separate specifications may be prepared for all
equipment, | 8 | | labor, and materials in
connection with the following 5 | 9 | | subdivisions of the 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) or (a-10), the The | 20 | | specifications may be so drawn as to permit separate and
| 21 | | independent bidding upon
each of the 5 subdivisions of work , | 22 | | and all . All contracts awarded
for any part thereof may
award | 23 | | the 5 subdivisions of work separately to responsible and
| 24 | | reliable persons, firms, or
corporations engaged in these | 25 | | classes of work. The contracts, at
the discretion of the
|
| | | 10100SB3185sam001 | - 3 - | LRB101 17347 RJF 71001 a |
|
| 1 | | construction agency, may be assigned to the successful bidder | 2 | | on
the general contract work or
to the successful bidder on the | 3 | | subdivision of work designated by
the construction agency | 4 | | before
the bidding as the prime subdivision of work, provided | 5 | | that all
payments will be made directly
to the contractors for | 6 | | the 5 subdivisions of work upon compliance
with the conditions | 7 | | of the
contract.
| 8 | | (a-5) Beginning on the effective date of this amendatory | 9 | | Act of the 101st General Assembly and through December 31, | 10 | | 2030, for single prime projects in which the Capital | 11 | | Development Board is the construction agency procuring for | 12 | | building construction contracts in excess of $250,000, | 13 | | separate specifications may be prepared for all equipment, | 14 | | labor, and materials in connection with the 5 subdivisions of | 15 | | work enumerated in subsection (a). Any Capital Development | 16 | | Board construction contracts awarded for any part thereof may | 17 | | award 2 or more of the 5 subdivisions of work together or | 18 | | separately to responsible and reliable persons, firms, or | 19 | | corporations engaged in these classes of work. | 20 | | For Capital Development Board single prime projects: (i) | 21 | | the bid of the successful low bidder shall identify the name of | 22 | | the subcontractor, if any, and the bid proposal costs for each | 23 | | of the 5 subdivisions of work set forth in subsection (a); (ii) | 24 | | the contract entered into with the successful bidder shall | 25 | | provide that no identified subcontractor may be terminated | 26 | | without the written consent of the Capital Development Board; |
| | | 10100SB3185sam001 | - 4 - | LRB101 17347 RJF 71001 a |
|
| 1 | | (iii) the contract shall comply with the disadvantaged business | 2 | | practices of the Business Enterprise for Minorities, Women, and | 3 | | Persons with Disabilities Act and the equal employment | 4 | | practices of Section 2-105 of the Illinois Human Rights Act; | 5 | | (iv) the successful low bidder shall be prequalified by the | 6 | | Capital Development Board; and (v) until December 31, 2025, for | 7 | | building construction projects with a total construction cost | 8 | | valued at $5,000,000 or less, the Capital Development Board | 9 | | shall not use the single prime delivery method for more than | 10 | | 50% of the total number of projects bid for each fiscal year. | 11 | | With respect to any construction project described in this | 12 | | subsection (a-5), the Capital Development Board shall: (i) | 13 | | specify in writing as a public record that the project shall | 14 | | comply with the Business Enterprise for Minorities, Women, and | 15 | | Persons with Disabilities Act and the equal employment | 16 | | practices of Section 2-105 of the Illinois Human Rights Act; | 17 | | and (ii) report annually to the Governor and General Assembly | 18 | | on the bidding, award, and performance of all single prime | 19 | | projects. | 20 | | (a-10) Beginning on the effective date of this amendatory | 21 | | Act of the 101st General Assembly and through December 31, | 22 | | 2030, for single prime projects in which a public institution | 23 | | of higher education is a construction agency procuring for | 24 | | building construction contracts in excess of $250,000, | 25 | | separate specifications may be prepared for all equipment, | 26 | | labor, and materials in connection with the 5 subdivisions of |
| | | 10100SB3185sam001 | - 5 - | LRB101 17347 RJF 71001 a |
|
| 1 | | work enumerated in subsection (a). Any public institution of | 2 | | higher education contract awarded for any part thereof may | 3 | | award 2 or more of the 5 subdivisions of work together or | 4 | | separately to responsible and reliable persons, firms, or | 5 | | corporations engaged in these classes of work if: (i) the | 6 | | public institution of higher education has submitted to the | 7 | | Procurement Policy Board a written notice that shall include | 8 | | the reasons for using the single prime method and an | 9 | | explanation of why the use of that method is in the best | 10 | | interest of the State. The notice provided under this item (i) | 11 | | shall be posted on the public institution of higher education's | 12 | | online procurement webpage and on the online Procurement | 13 | | Bulletin at least 3 business days following submission to the | 14 | | Procurement Policy Board; (ii) the successful low bidder has | 15 | | prequalified with the public institution of higher education; | 16 | | (iii) the bid of the successful low bidder identifies the name | 17 | | of the subcontractor, if any, and the bid proposal costs for | 18 | | each of the 5 subdivisions of work set forth in subsection (a); | 19 | | (iv) the contract entered into with the successful bidder | 20 | | provides that no identified subcontractor may be terminated | 21 | | without the written consent of the public institution of higher | 22 | | education; and (v) the successful low bidder has prequalified | 23 | | with the University of Illinois or with Capital Development | 24 | | Board. | 25 | | For building construction projects with a total | 26 | | construction cost valued at $20,000,000 or less, public |
| | | 10100SB3185sam001 | - 6 - | LRB101 17347 RJF 71001 a |
|
| 1 | | institutions of higher education shall not use the single prime | 2 | | delivery method for more than 50% of the total number of | 3 | | projects bid for each fiscal year. Projects with a total | 4 | | construction cost valued greater than $20,000,000 may be bid | 5 | | using the single prime delivery method at the discretion of the | 6 | | public institution of higher education. | 7 | | With respect to any construction project described in this | 8 | | subsection (a-10), the public institution of higher education | 9 | | shall: (i) specify in writing as a public record that the | 10 | | project shall comply with the Business Enterprise for | 11 | | Minorities, Women, and Persons with Disabilities Act and the | 12 | | equal employment practices of Section 2-105 of the Illinois | 13 | | Human Rights Act; and (ii) report annually to the Governor, | 14 | | General Assembly, Procurement Policy Board, and Auditor | 15 | | General on the bidding, award, and performance of all single | 16 | | prime projects. On or after the effective date of this | 17 | | amendatory Act of the 101st General Assembly, the public | 18 | | institution of higher education may award in each fiscal year | 19 | | single prime contracts with an aggregate total value of no more | 20 | | than $100,000,000. The Board of Trustees of the University of | 21 | | Illinois may award in each fiscal year single prime contracts | 22 | | with an aggregate total value of no more than $300,000,000. | 23 | | Beginning on the effective date of this amendatory Act of | 24 | | the 101st General Assembly and through December 31, 2020, for | 25 | | single prime projects: (i) the bid of the successful low bidder | 26 | | shall identify the name of the subcontractor, if any, and the |
| | | 10100SB3185sam001 | - 7 - | LRB101 17347 RJF 71001 a |
|
| 1 | | bid proposal costs for each of the 5 subdivisions of work set | 2 | | forth in this Section; (ii) the contract entered into with the | 3 | | successful bidder shall provide that no identified | 4 | | subcontractor may be terminated without the written consent of | 5 | | the Capital Development Board; (iii) the contract shall comply | 6 | | with the disadvantaged business practices of the Business | 7 | | Enterprise for Minorities, Women, and Persons with | 8 | | Disabilities Act and the equal employment practices of Section | 9 | | 2-105 of the Illinois Human Rights Act; and (iv) the Capital | 10 | | Development Board shall submit an annual report to the General | 11 | | Assembly and Governor on the bidding, award, and performance of | 12 | | all single prime projects. | 13 | | For building construction projects with a total | 14 | | construction cost valued at $5,000,000 or less, the Capital | 15 | | Development Board shall not use the single prime procurement | 16 | | delivery method for more than 50% of the total number of | 17 | | projects bid for each fiscal year. Any project with a total | 18 | | construction cost valued greater than $5,000,000 may be bid | 19 | | using single prime at the discretion of the Executive Director | 20 | | of the Capital Development Board. | 21 | | (b) The provisions of this subsection are operative on and | 22 | | after January 1, 2031 2021 .
For building construction contracts | 23 | | in excess of $250,000, separate specifications shall be | 24 | | prepared for all equipment, labor, and materials in connection | 25 | | with the following 5 subdivisions of the work to be performed: | 26 | | (1) plumbing; |
| | | 10100SB3185sam001 | - 8 - | LRB101 17347 RJF 71001 a |
|
| 1 | | (2) heating, piping, refrigeration, and automatic | 2 | | temperature control systems, including the testing and | 3 | | balancing of those systems; | 4 | | (3) ventilating and distribution systems for | 5 | | conditioned air, including the testing and balancing of | 6 | | those systems; | 7 | | (4) electric wiring; and | 8 | | (5) general contract work. | 9 | | The specifications must be so drawn as to permit separate | 10 | | and independent bidding upon each of the 5 subdivisions of | 11 | | work. All contracts awarded for any part thereof shall award | 12 | | the 5 subdivisions of work separately to responsible and | 13 | | reliable persons, firms, or corporations engaged in these | 14 | | classes of work. The contracts, at the discretion of the | 15 | | construction agency, may be assigned to the successful bidder | 16 | | on the general contract work or to the successful bidder on the | 17 | | subdivision of work designated by the construction agency | 18 | | before the bidding as the prime subdivision of work, provided | 19 | | that all payments will be made directly to the contractors for | 20 | | the 5 subdivisions of work upon compliance with the conditions | 21 | | of the contract. | 22 | | (Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19 .)
| 23 | | (30 ILCS 500/33-5)
| 24 | | Sec. 33-5. Definitions. In this Article:
| 25 | | "Construction management services" includes:
|
| | | 10100SB3185sam001 | - 9 - | LRB101 17347 RJF 71001 a |
|
| 1 | | (1) services provided in the planning and | 2 | | pre-construction phases of a
construction project | 3 | | including, but not limited to, consulting with,
advising, | 4 | | assisting, and making recommendations to the Capital | 5 | | Development Board and
architect, engineer, or licensed | 6 | | land surveyor on all aspects
of planning for project | 7 | | construction; reviewing all plans and
specifications as | 8 | | they are being developed and making recommendations
with | 9 | | respect to construction feasibility, availability of | 10 | | material and
labor, time requirements for procurement and | 11 | | construction, and
projected costs; making, reviewing, and | 12 | | refining budget estimates based
on the Board's program and | 13 | | other available information; making
recommendations to the | 14 | | Board and the architect or engineer
regarding the division | 15 | | of work in the plans and specifications to
facilitate the | 16 | | bidding and awarding of contracts; soliciting the
interest | 17 | | of capable contractors and taking bids on the project;
| 18 | | analyzing the bids received; and preparing and maintaining | 19 | | a progress
schedule during the design phase of the project | 20 | | and preparation of a
proposed construction schedule; and
| 21 | | (2) services provided in the construction phase of the | 22 | | project
including, but not limited to, maintaining | 23 | | competent supervisory staff
to coordinate and provide | 24 | | general direction of the work and progress
of the | 25 | | contractors on the project; directing the work as it is | 26 | | being
performed for general conformance with working |
| | | 10100SB3185sam001 | - 10 - | LRB101 17347 RJF 71001 a |
|
| 1 | | drawings and
specifications; establishing procedures for | 2 | | coordinating among the
Board, architect or engineer, | 3 | | contractors, and construction
manager with respect to all | 4 | | aspects of the project and
implementing those procedures; | 5 | | maintaining job site records
and making appropriate | 6 | | progress reports; implementing labor policy
in conformance | 7 | | with the requirements of the public owner; reviewing
the | 8 | | safety and equal opportunity programs of each contractor | 9 | | for
conformance with the public owner's policy and making
| 10 | | recommendations; reviewing and processing
all applications | 11 | | for payment by involved contractors and material
suppliers | 12 | | in accordance with the terms of the contract; making
| 13 | | recommendations and processing requests for changes in the | 14 | | work and
maintaining records of change orders; scheduling | 15 | | and conducting job
meetings to ensure orderly progress of | 16 | | the work; developing and
monitoring a project progress | 17 | | schedule, coordinating and expediting
the work of all | 18 | | contractors and providing periodic status reports to
the | 19 | | owner and the architect or engineer; and establishing and
| 20 | | maintaining a cost control system and conducting meetings | 21 | | to review
costs.
| 22 | | "Construction manager" means any individual, sole
| 23 | | proprietorship, firm, partnership, corporation, or other legal | 24 | | entity
providing construction management services for the | 25 | | Board and
prequalified by the State in accordance with 30 ILCS
| 26 | | 500/33-10.
|
| | | 10100SB3185sam001 | - 11 - | LRB101 17347 RJF 71001 a |
|
| 1 | | "Board" means the Capital Development Board and public | 2 | | institutions of higher education .
| 3 | | (Source: P.A. 94-532, eff. 8-10-05.) | 4 | | (30 ILCS 500/33-50)
| 5 | | Sec. 33-50. Duties of construction manager; additional
| 6 | | requirements for persons performing construction work.
| 7 | | (a) Upon the award of a construction management services
| 8 | | contract, a construction manager must contract with the Board | 9 | | to
furnish his or her skill and judgment in cooperation with, | 10 | | and reliance
upon, the services of the project architect or | 11 | | engineer. The
construction manager must furnish business | 12 | | administration, management
of the construction process, and | 13 | | other specified services to the Board and must perform his or | 14 | | her obligations in an expeditious and
economical manner | 15 | | consistent with the interest of the Board. If
it is in the | 16 | | State's best interest, the construction manager may
provide or | 17 | | perform basic services for which reimbursement is provided
in | 18 | | the general conditions to the construction management services
| 19 | | contract.
| 20 | | (b) The actual construction work on the project must be | 21 | | awarded to
contractors under this Code. The Capital Development | 22 | | Board may further separate additional divisions of work under | 23 | | this Article. This subsection is
subject to the applicable | 24 | | provisions of the following Acts:
| 25 | | (1) the Prevailing Wage Act;
|
| | | 10100SB3185sam001 | - 12 - | LRB101 17347 RJF 71001 a |
|
| 1 | | (2) the Public Construction Bond Act;
| 2 | | (3) the Public Works Employment Discrimination Act;
| 3 | | (4) the Public Works Preference Act (repealed on June | 4 | | 16, 2010 by Public Act 96-929);
| 5 | | (5) the Employment of Illinois Workers on Public
Works | 6 | | Act;
| 7 | | (6) the Public Contract Fraud Act;
| 8 | | (7) (blank); and
| 9 | | (8) the Illinois Architecture Practice Act of 1989, the | 10 | | Professional
Engineering
Practice Act of 1989, the | 11 | | Illinois Professional Land Surveyor Act of 1989, and
the | 12 | | Structural
Engineering Practice Act of 1989.
| 13 | | (Source: P.A. 101-149, eff. 7-26-19.) | 14 | | Section 10. The Design-Build
Procurement Act is amended by | 15 | | changing Sections 5 and 10 as follows: | 16 | | (30 ILCS 537/5) | 17 | | (Section scheduled to be repealed on July 1, 2022)
| 18 | | Sec. 5. Legislative policy. It is the intent of the | 19 | | General Assembly
that
the State construction agency Capital | 20 | | Development Board be allowed to use the design-build delivery | 21 | | method
for public
projects if it is shown to be in the State's | 22 | | best interest for that particular
project. It shall be the | 23 | | policy of the State construction agency Capital Development | 24 | | Board in the
procurement of
design-build services to publicly |
| | | 10100SB3185sam001 | - 13 - | LRB101 17347 RJF 71001 a |
|
| 1 | | announce all requirements for design-build
services and to | 2 | | procure these services on the basis of demonstrated competence
| 3 | | and qualifications and with due regard for the principles of | 4 | | competitive
selection.
| 5 | | The State construction agency Capital Development Board | 6 | | shall, prior to issuing requests for proposals,
promulgate
and | 7 | | publish procedures for the solicitation and award of contracts | 8 | | pursuant to
this Act.
| 9 | | The State construction agency Capital Development Board | 10 | | shall, for each public project or projects
permitted under
this | 11 | | Act, make a written determination, including a description as | 12 | | to the
particular advantages of the design-build procurement | 13 | | method, that it is in the
best interests of this State to enter | 14 | | into a design-build contract for the
project or projects. In | 15 | | making that determination, the following factors shall
be | 16 | | considered:
| 17 | | (1) The probability that the design-build procurement | 18 | | method will be in
the best interests of the State by | 19 | | providing a material savings of time or
cost over the | 20 | | design-bid-build or other delivery system.
| 21 | | (2) The type and size of the project and its | 22 | | suitability to the
design-build procurement method.
| 23 | | (3) The ability of the State construction agency to | 24 | | define and provide
comprehensive
scope and performance | 25 | | criteria for the project.
| 26 | | No State construction agency may use a design-build |
| | | 10100SB3185sam001 | - 14 - | LRB101 17347 RJF 71001 a |
|
| 1 | | procurement method unless the agency determines in writing that | 2 | | the project will comply with the disadvantaged business and | 3 | | equal employment practices of the State as established in the | 4 | | Business Enterprise for Minorities, Women, and Persons with | 5 | | Disabilities Act and Section 2-105 of the Illinois Human Rights | 6 | | Act.
| 7 | | The State construction agency Capital Development Board | 8 | | shall within 15 days after the initial
determination provide an | 9 | | advisory copy to the Procurement Policy Board and
maintain the | 10 | | full record of determination for 5 years.
| 11 | | (Source: P.A. 100-391, eff. 8-25-17 .) | 12 | | (30 ILCS 537/10) | 13 | | (Section scheduled to be repealed on July 1, 2022)
| 14 | | Sec. 10. Definitions. As used in this Act:
| 15 | | "State construction agency" means the Capital Development | 16 | | Board and public institutions of higher education .
| 17 | | "Delivery system" means the design and construction | 18 | | approach used to develop
and construct a project.
| 19 | | "Design-bid-build" means the traditional delivery system | 20 | | used on public
projects in this State that incorporates the | 21 | | Architectural, Engineering, and
Land Surveying Qualification | 22 | | Based Selection Act (30 ILCS 535/) and the
principles of | 23 | | competitive selection in the Illinois Procurement Code (30 ILCS
| 24 | | 500/).
| 25 | | "Design-build" means a delivery system that provides |
| | | 10100SB3185sam001 | - 15 - | LRB101 17347 RJF 71001 a |
|
| 1 | | responsibility within a
single contract for the furnishing of | 2 | | architecture, engineering, land surveying
and related services | 3 | | as required, and the labor, materials, equipment, and
other | 4 | | construction services for the project.
| 5 | | "Design-build contract" means a contract for a public | 6 | | project under this Act
between the State construction agency | 7 | | and a design-build entity to furnish
architecture,
| 8 | | engineering, land surveying, and related services as required, | 9 | | and to furnish
the labor, materials, equipment, and other | 10 | | construction services for the
project. The design-build | 11 | | contract may be conditioned upon subsequent
refinements in | 12 | | scope and price and may allow the State construction agency to
| 13 | | make
modifications in the project scope without invalidating | 14 | | the design-build
contract.
| 15 | | "Design-build entity" means any individual, sole | 16 | | proprietorship, firm,
partnership, joint venture, corporation, | 17 | | professional corporation, or other
entity that proposes to | 18 | | design and construct any public project under this Act.
A | 19 | | design-build entity and associated design-build professionals | 20 | | shall conduct themselves in accordance with the laws of this | 21 | | State and the related provisions of the Illinois Administrative | 22 | | Code, as referenced by the licensed design professionals Acts | 23 | | of this State.
| 24 | | "Design professional" means any individual, sole | 25 | | proprietorship, firm,
partnership, joint venture, corporation, | 26 | | professional corporation, or other
entity that offers services |
| | | 10100SB3185sam001 | - 16 - | LRB101 17347 RJF 71001 a |
|
| 1 | | under the Illinois Architecture Practice Act of
1989 (225 ILCS | 2 | | 305/), the Professional Engineering Practice Act of 1989 (225
| 3 | | ILCS 325/),
the Structural Engineering Licensing Act of 1989 | 4 | | (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | 5 | | of 1989 (225 ILCS 330/).
| 6 | | "Evaluation criteria" means the requirements for the | 7 | | separate phases of the
selection process as defined in this Act | 8 | | and may include the specialized
experience, technical | 9 | | qualifications and competence, capacity to perform, past
| 10 | | performance, experience with similar projects, assignment of | 11 | | personnel to the
project, and other appropriate factors. Price | 12 | | may not be used as a factor in
the evaluation of Phase I | 13 | | proposals.
| 14 | | "Proposal" means the offer to enter into a design-build | 15 | | contract as submitted
by a design-build entity in accordance | 16 | | with this Act.
| 17 | | "Request for proposal" means the document used by the State | 18 | | construction agency
to solicit
proposals for a design-build | 19 | | contract.
| 20 | | "Scope and performance criteria" means the requirements | 21 | | for the public
project, including but not limited to, the | 22 | | intended usage, capacity, size,
scope, quality and performance | 23 | | standards, life-cycle costs, and other
programmatic criteria | 24 | | that are expressed in performance-oriented and
quantifiable | 25 | | specifications and drawings that can be reasonably inferred and
| 26 | | are suited to allow a design-build entity to develop a |
| | | 10100SB3185sam001 | - 17 - | LRB101 17347 RJF 71001 a |
|
| 1 | | proposal.
| 2 | | (Source: P.A. 94-716, eff. 12-13-05 .)
| 3 | | Section 99. Effective date. This Act takes effect December | 4 | | 15, 2020.".
|
|