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Public Act 094-0532
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| SB0518 Enrolled |
LRB094 08764 RSP 38977 b |
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AN ACT concerning procurement.
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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 |
adding Article 33 as
follows:
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(30 ILCS 500/Art. 33 heading new)
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ARTICLE 33. CONSTRUCTION MANAGEMENT SERVICES
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(30 ILCS 500/33-5 new)
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Sec. 33-5. Definitions. In this Article:
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"Construction management services" includes:
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(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;
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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
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(2) services provided in the construction phase of the |
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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
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recommendations; reviewing and processing
all applications |
for payment by involved contractors and material
suppliers |
in accordance with the terms of the contract; making
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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
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maintaining a cost control system and conducting meetings |
to review
costs.
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"Construction manager" means any individual, sole
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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
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500/33-10.
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"Board" means the Capital Development Board.
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(30 ILCS 500/33-10 new)
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Sec. 33-10. Prequalification. The Board shall establish
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procedures to prequalify firms seeking to provide construction
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management services or may use prequalification lists from |
other State
agencies to meet the requirements of this Section.
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(30 ILCS 500/33-15 new)
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Sec. 33-15. Public notice. Whenever a project requiring
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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.
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(30 ILCS 500/33-20 new)
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Sec. 33-20. Evaluation procedure. The Board shall evaluate
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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.
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The Board shall establish a committee to select
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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 |
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committee.
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In no case shall the Board, prior to selecting a
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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
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compensation.
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(30 ILCS 500/33-25 new)
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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 |
binding.
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(30 ILCS 500/33-30 new)
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Sec. 33-30. Contract Negotiation.
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(a) The Board shall prepare a written description of the
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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.
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(b) If the Board is unable to negotiate a satisfactory
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contract with the firm that is highest ranked, negotiations |
with that
firm shall be terminated. The Board shall then begin
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negotiations with the firm that is next highest ranked. If the |
Board is unable to negotiate a satisfactory contract with that
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firm, negotiations with that firm shall be terminated. The |
Board shall then begin negotiations with the firm that is next |
highest
ranked.
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(c) If the Board is unable to negotiate a satisfactory
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contract with any of the selected firms, the Board shall
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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.
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(30 ILCS 500/33-35 new)
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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.
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(30 ILCS 500/33-40 new)
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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.
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(30 ILCS 500/33-45 new)
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Sec. 33-45. Firm performance evaluation. The Board shall
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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 |
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Information Act. The evaluation shall be based on the terms
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identified in the construction manager's contract.
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(30 ILCS 500/33-50 new)
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Sec. 33-50. Duties of construction manager; additional
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requirements for persons performing construction work.
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(a) Upon the award of a construction management services
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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
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contract.
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(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:
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(1) the Prevailing Wage Act;
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(2) the Public Construction Bond Act;
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(3) the Public Works Employment Discrimination Act;
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(4) the Public Works Preference Act;
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(5) the Employment of Illinois Workers on Public
Works |
Act;
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(6) the Public Contract Fraud Act;
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(7) the Illinois Construction Evaluation Act; and
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(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.
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(30 ILCS 500/33-55 new)
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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
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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.
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Section 99. Effective date. This Act takes effect upon
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becoming law.
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