Full Text of SB0518 94th General Assembly
SB0518enr 94TH GENERAL ASSEMBLY
|
|
|
SB0518 Enrolled |
|
LRB094 08764 RSP 38977 b |
|
| 1 |
| AN ACT concerning procurement.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Procurement Code is amended by | 5 |
| adding Article 33 as
follows:
| 6 |
| (30 ILCS 500/Art. 33 heading new)
| 7 |
| ARTICLE 33. CONSTRUCTION MANAGEMENT SERVICES
| 8 |
| (30 ILCS 500/33-5 new)
| 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 | 26 |
| bidding and awarding of contracts; soliciting the
interest | 27 |
| of capable contractors and taking bids on the project;
| 28 |
| analyzing the bids received; and preparing and maintaining | 29 |
| a progress
schedule during the design phase of the project | 30 |
| and preparation of a
proposed construction schedule; and
| 31 |
| (2) services provided in the construction phase of the |
|
|
|
SB0518 Enrolled |
- 2 - |
LRB094 08764 RSP 38977 b |
|
| 1 |
| project
including, but not limited to, maintaining | 2 |
| competent supervisory staff
to coordinate and provide | 3 |
| general direction of the work and progress
of the | 4 |
| contractors on the project; directing the work as it is | 5 |
| being
performed for general conformance with working | 6 |
| drawings and
specifications; establishing procedures for | 7 |
| coordinating among the
Board, architect or engineer, | 8 |
| contractors, and construction
manager with respect to all | 9 |
| aspects of the project and
implementing those procedures; | 10 |
| maintaining job site records
and making appropriate | 11 |
| progress reports; implementing labor policy
in conformance | 12 |
| with the requirements of the public owner; reviewing
the | 13 |
| safety and equal opportunity programs of each contractor | 14 |
| for
conformance with the public owner's policy and making
| 15 |
| recommendations; reviewing and processing
all applications | 16 |
| for payment by involved contractors and material
suppliers | 17 |
| in accordance with the terms of the contract; making
| 18 |
| recommendations and processing requests for changes in the | 19 |
| work and
maintaining records of change orders; scheduling | 20 |
| and conducting job
meetings to ensure orderly progress of | 21 |
| the work; developing and
monitoring a project progress | 22 |
| schedule, coordinating and expediting
the work of all | 23 |
| contractors and providing periodic status reports to
the | 24 |
| owner and the architect or engineer; and establishing and
| 25 |
| maintaining a cost control system and conducting meetings | 26 |
| to review
costs.
| 27 |
| "Construction manager" means any individual, sole
| 28 |
| proprietorship, firm, partnership, corporation, or other legal | 29 |
| entity
providing construction management services for the | 30 |
| Board and
prequalified by the State in accordance with 30 ILCS
| 31 |
| 500/33-10.
| 32 |
| "Board" means the Capital Development Board.
| 33 |
| (30 ILCS 500/33-10 new)
| 34 |
| Sec. 33-10. Prequalification. The Board shall establish
| 35 |
| procedures to prequalify firms seeking to provide construction
|
|
|
|
SB0518 Enrolled |
- 3 - |
LRB094 08764 RSP 38977 b |
|
| 1 |
| management services or may use prequalification lists from | 2 |
| other State
agencies to meet the requirements of this Section.
| 3 |
| (30 ILCS 500/33-15 new)
| 4 |
| Sec. 33-15. Public notice. Whenever a project requiring
| 5 |
| construction management services is proposed for a State | 6 |
| agency, the
Board shall provide no less than a 14-day advance | 7 |
| notice
published in a request for proposals setting forth the | 8 |
| projects and
services to be procured. The request for proposals | 9 |
| shall be mailed to
each firm that is prequalified under Section | 10 |
| 33-10. The request for
proposals shall include a description of | 11 |
| each project and shall state
the time and place for interested | 12 |
| firms to submit a letter of interest
and, if required by the | 13 |
| request for proposals, a statement of
qualifications.
| 14 |
| (30 ILCS 500/33-20 new)
| 15 |
| Sec. 33-20. Evaluation procedure. The Board shall evaluate
| 16 |
| the construction managers submitting letters of interest and | 17 |
| other
prequalified construction managers, taking into account | 18 |
| qualifications;
and the Board may consider, but shall not be | 19 |
| limited to
considering, ability of personnel, past record and | 20 |
| experience,
performance data on file, willingness to meet time | 21 |
| requirements,
location, workload of the construction manager, | 22 |
| and any other
qualifications-based factors as the Board may | 23 |
| determine in
writing are applicable. The Board may conduct | 24 |
| discussions
with and require public presentations by | 25 |
| construction managers deemed
to be the most qualified regarding | 26 |
| their qualifications, approach to
the project, and ability to | 27 |
| furnish the required services.
| 28 |
| The Board shall establish a committee to select
| 29 |
| construction managers to provide construction management | 30 |
| services.
A selection committee may include at least one public | 31 |
| member. The
public member may not be employed or associated | 32 |
| with any firm holding a
contract with the Board nor may the | 33 |
| public member's firm be
considered for a contract with that | 34 |
| Board while he or she is
serving as a public member of the |
|
|
|
SB0518 Enrolled |
- 4 - |
LRB094 08764 RSP 38977 b |
|
| 1 |
| committee.
| 2 |
| In no case shall the Board, prior to selecting a
| 3 |
| construction manager for negotiation under Section 33-30, seek | 4 |
| formal or
informal submission of verbal or written estimates of | 5 |
| costs or
proposals in terms of dollars, hours
required, | 6 |
| percentage of construction cost, or any other measure of
| 7 |
| compensation.
| 8 |
| (30 ILCS 500/33-25 new)
| 9 |
| Sec. 33-25. Selection Procedure. On the basis of | 10 |
| evaluations,
discussions, and any presentations, the Board | 11 |
| shall select no
less than 3 firms it determines to be qualified | 12 |
| to provide services for
the project and rank them in order of | 13 |
| qualifications to provide
services regarding the specific | 14 |
| project. The Board shall then
contract at a fair and reasonable | 15 |
| compensation. If fewer than 3 firms
submit letters of interest | 16 |
| and the Board determines that one or
both of those firms are so | 17 |
| qualified, the Board may proceed to
negotiate a contract under | 18 |
| Section 33-30. The decision of the Board shall be final and | 19 |
| binding.
| 20 |
| (30 ILCS 500/33-30 new)
| 21 |
| Sec. 33-30. Contract Negotiation.
| 22 |
| (a) The Board shall prepare a written description of the
| 23 |
| scope of the proposed services to be used as a basis for | 24 |
| negotiations
and shall negotiate a contract with the highest | 25 |
| ranked construction
management firm at compensation that the | 26 |
| Board determines in
writing to be fair and reasonable. In | 27 |
| making this decision, the Board shall take into account the | 28 |
| estimated value, scope, complexity,
and nature of the services | 29 |
| to be rendered. In no case may the Board establish a payment | 30 |
| formula designed to eliminate firms from
contention or restrict | 31 |
| competition or negotiation of fees.
| 32 |
| (b) If the Board is unable to negotiate a satisfactory
| 33 |
| contract with the firm that is highest ranked, negotiations | 34 |
| with that
firm shall be terminated. The Board shall then begin
|
|
|
|
SB0518 Enrolled |
- 5 - |
LRB094 08764 RSP 38977 b |
|
| 1 |
| negotiations with the firm that is next highest ranked. If the | 2 |
| Board is unable to negotiate a satisfactory contract with that
| 3 |
| firm, negotiations with that firm shall be terminated. The | 4 |
| Board shall then begin negotiations with the firm that is next | 5 |
| highest
ranked.
| 6 |
| (c) If the Board is unable to negotiate a satisfactory
| 7 |
| contract with any of the selected firms, the Board shall
| 8 |
| re-evaluate the construction management services requested, | 9 |
| including the
estimated value, scope, complexity, and fee | 10 |
| requirements. The Board shall then compile a list of not less | 11 |
| than 3 prequalified firms
and proceed in accordance with the | 12 |
| provisions of this Act.
| 13 |
| (30 ILCS 500/33-35 new)
| 14 |
| Sec. 33-35. Small Contracts. The provisions of Sections | 15 |
| 33-20, 33-25,
and 33-30 do not apply to construction management | 16 |
| contracts of less than
$25,000.
| 17 |
| (30 ILCS 500/33-40 new)
| 18 |
| Sec. 33-40. Emergency services. Sections 33-20, 33-25, and | 19 |
| 33-30 do not
apply in the procurement of construction | 20 |
| management services by the Board (i) when the Board determines | 21 |
| in writing that it is in the
best interest of the State to | 22 |
| proceed with the immediate selection of a
firm or (ii) in | 23 |
| emergencies when immediate services are necessary to
protect | 24 |
| the public health and safety, including, but not limited
to, | 25 |
| earthquake, tornado, storm, or natural or man-made disaster.
| 26 |
| (30 ILCS 500/33-45 new)
| 27 |
| Sec. 33-45. Firm performance evaluation. The Board shall
| 28 |
| evaluate the performance of each firm upon completion of a | 29 |
| contract.
That evaluation shall be made available to the firm | 30 |
| and the firm may submit a
written response, with the evaluation | 31 |
| and response retained solely by
the Board. The evaluation and | 32 |
| response shall not be made available to
any other person or | 33 |
| firm and is exempt from disclosure under the
Freedom of |
|
|
|
SB0518 Enrolled |
- 6 - |
LRB094 08764 RSP 38977 b |
|
| 1 |
| Information Act. The evaluation shall be based on the terms
| 2 |
| identified in the construction manager's contract.
| 3 |
| (30 ILCS 500/33-50 new)
| 4 |
| Sec. 33-50. Duties of construction manager; additional
| 5 |
| requirements for persons performing construction work.
| 6 |
| (a) Upon the award of a construction management services
| 7 |
| contract, a construction manager must contract with the Board | 8 |
| to
furnish his or her skill and judgment in cooperation with, | 9 |
| and reliance
upon, the services of the project architect or | 10 |
| engineer. The
construction manager must furnish business | 11 |
| administration, management
of the construction process, and | 12 |
| other specified services to the Board and must perform his or | 13 |
| her obligations in an expeditious and
economical manner | 14 |
| consistent with the interest of the Board. If
it is in the | 15 |
| State's best interest, the construction manager may
provide or | 16 |
| perform basic services for which reimbursement is provided
in | 17 |
| the general conditions to the construction management services
| 18 |
| contract.
| 19 |
| (b) The actual construction work on the project must be | 20 |
| awarded to
contractors under this Code. The Capital Development | 21 |
| Board may further separate additional divisions of work under | 22 |
| this Article. This subsection is
subject to the applicable | 23 |
| provisions of the following Acts:
| 24 |
| (1) the Prevailing Wage Act;
| 25 |
| (2) the Public Construction Bond Act;
| 26 |
| (3) the Public Works Employment Discrimination Act;
| 27 |
| (4) the Public Works Preference Act;
| 28 |
| (5) the Employment of Illinois Workers on Public
Works | 29 |
| Act;
| 30 |
| (6) the Public Contract Fraud Act;
| 31 |
| (7) the Illinois Construction Evaluation Act; and
| 32 |
| (8) the Illinois Architecture Practice Act of 1989, the | 33 |
| Professional
Engineering
Practice Act of 1989, the | 34 |
| Illinois Professional Land Surveyor Act of 1989, and
the | 35 |
| Structural
Engineering Practice Act of 1989.
|
|
|
|
SB0518 Enrolled |
- 7 - |
LRB094 08764 RSP 38977 b |
|
| 1 |
| (30 ILCS 500/33-55 new)
| 2 |
| Sec. 33-55. Prohibited conduct. No construction | 3 |
| management services
contract may be awarded by the Board on a | 4 |
| negotiated basis as provided in
this Article if the | 5 |
| construction manager or an entity that controls, is
controlled
| 6 |
| by, or shares common ownership or control with the construction | 7 |
| manager (i)
guarantees, warrants, or otherwise assumes | 8 |
| financial responsibility for the
work of others on the project; | 9 |
| (ii) provides the Board with a guaranteed
maximum price for the | 10 |
| work of others on the project; or (iii) furnishes or
guarantees | 11 |
| a performance or payment bond for other contractors on the | 12 |
| project.
In any such case, the contract for construction | 13 |
| management services must be let
by competitive bidding as in | 14 |
| the case of contracts for construction work.
| 15 |
| Section 99. Effective date. This Act takes effect upon
| 16 |
| becoming law.
|
|