SB0661sam001 94TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 4/6/2005

09400SB0661sam001 LRB094 04399 JAM 44492 a

AMENDMENT TO SENATE BILL 661

AMENDMENT NO. ______. Amend Senate Bill 661 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Procurement Code is amended by changing Section 30-30 and by adding Section 30-31 as follows:

(30 ILCS 500/30-30)

Sec. 30-30. Projects Contracts in excess of $750,000 $250,000. For building construction projects contracts in excess of $750,000 $250,000, separate specifications shall be prepared for all equipment, labor, and materials in connection with the following 5 subdivisions of the work to be performed:

(1) plumbing;

(2) heating, piping, refrigeration, and automatic temperature control systems, including the testing and balancing of those systems;

(3) ventilating and distribution systems for conditioned air, including the testing and balancing of those systems;

(4) electric wiring; and

(5) general contract work.

The specifications must be so drawn as to permit separate and independent bidding upon each of the 5 subdivisions of work. All contracts awarded for any part thereof shall award the 5 subdivisions of work separately to responsible and reliable persons, firms, or corporations engaged in these classes of work. The contracts, at the discretion of the construction agency, may be assigned to the successful bidder on the general contract work or to the successful bidder on the subdivision of work designated by the construction agency before the bidding as the prime subdivision of work, provided that all payments will be made directly to the contractors for the 5 subdivisions of work upon compliance with the conditions of the contract. A contract may be let for one or more buildings in any project to the same contractor. The specifications shall require, however, that unless the buildings are identical, a separate price shall be submitted for each building. The contract may be awarded to the lowest responsible bidder for each or all of the buildings included in the specifications.

Notwithstanding the requirements of this Section, if the contract for work to be performed in any one of the 5 subdivisions is less than $200,000, then the contract for that subdivision need not be separately awarded but may be incorporated into one or more of the remaining contracts.

Until a date 2 years after the effective date of this amendatory Act of the 93rd General Assembly, the requirements of this Section do not apply to the construction of an Emergency Operations Center for the Illinois Emergency Management Agency if (i) the majority of the funding for the project is from federal funds, (ii) the bid of the successful bidder identifies the name of the subcontractor, if any, and the bid proposal costs for each of the 5 subdivisions of work set forth in this Section, and (iii) the contract entered into with the successful bidder provides that no identified subcontractor may be terminated without the written consent of the Capital Development Board.

(Source: P.A. 93-1035, eff. 9-10-04.)

(30 ILCS 500/30-31 new)

Sec. 30-31. Construction projects of $750,000 or less. For building construction projects of $750,000 or less, (i) the successful bidder must identify the name of the subcontractor, if any, and the bid proposal cost for each of the 5 subdivisions of work set forth in Section 30-30 and (ii) the contract entered into with the successful bidder shall provide that no identified responsive and responsible subcontractor who provides a bid bond may be terminated without the written consent of the Capital Development Board.

Section 99. Effective date. This Act takes effect upon becoming law.".