Illinois General Assembly - Full Text of Public Act 094-0532
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Public Act 094-0532




Public Act 094-0532
SB0518 Enrolled LRB094 08764 RSP 38977 b

    AN ACT concerning procurement.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Procurement Code is amended by
adding Article 33 as follows:
    (30 ILCS 500/Art. 33 heading new)

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

Effective Date: 8/10/2005