Full Text of SB3826 102nd General Assembly
SB3826 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3826 Introduced 1/21/2022, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED: |
| 30 ILCS 500/1-15.93 | | 30 ILCS 500/30-30 | | 30 ILCS 500/33-5 | | 30 ILCS 500/33-50 | | 30 ILCS 537/5 | | 30 ILCS 537/10 | | 30 ILCS 537/90 | |
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Amends the Illinois Procurement Code. Modifies provisions concerning design-bid-build construction and requirements concerning the use of the single prime procurement delivery method for specified building construction projects. Amends the Design-Build Procurement Act. Provides that the term "State construction agency" as used in the Act includes institutions of higher education. Extends repeal and inoperative dates. Makes conforming and other changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 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 | | 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Sections 1-15.93, 30-30, 33-5, and 33-50 as follows: | 6 | | (30 ILCS 500/1-15.93) | 7 | | (Section scheduled to be repealed on January 1, 2024) | 8 | | Sec. 1-15.93.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 This Section is repealed | 15 | | on January 1, 2025 2024 .
| 16 | | (Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20; | 17 | | 102-671, eff. 11-30-21.)
| 18 | | (30 ILCS 500/30-30)
| 19 | | Sec. 30-30. Design-bid-build construction. | 20 | | (a) The provisions of this subsection are operative | 21 | | through December 31, 2024 2023 . | 22 | | Except as provided in subsection (a-5), for For
building |
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| 1 | | construction contracts in excess of
$250,000, separate | 2 | | specifications may be prepared for all
equipment, labor, and | 3 | | materials in
connection with the following 5 subdivisions of | 4 | | the work to be
performed:
| 5 | | (1) plumbing;
| 6 | | (2) heating, piping, refrigeration, and automatic
| 7 | | temperature control systems,
including the testing and | 8 | | balancing of those systems;
| 9 | | (3) ventilating and distribution systems for
| 10 | | conditioned air, including the testing
and balancing of | 11 | | those systems;
| 12 | | (4) electric wiring; and
| 13 | | (5) general contract work.
| 14 | | Except as provided in subsection (a-5), the The | 15 | | specifications may be so drawn as to permit separate and
| 16 | | independent bidding upon
each of the 5 subdivisions of work. | 17 | | All contracts awarded
for any part thereof may
award the 5 | 18 | | subdivisions of work separately to responsible and
reliable | 19 | | persons, firms, or
corporations engaged in these classes of | 20 | | work. The contracts, at
the discretion of the
construction | 21 | | agency, may be assigned to the successful bidder on
the | 22 | | general contract work or
to the successful bidder on the | 23 | | subdivision of work designated by
the construction agency | 24 | | before
the bidding as the prime subdivision of work, provided | 25 | | that all
payments will be made directly
to the contractors for | 26 | | the 5 subdivisions of work upon compliance
with the conditions |
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| 1 | | of the
contract.
| 2 | | Beginning on the effective date of this amendatory Act of | 3 | | the 101st General Assembly and through December 31, 2024 2023 , | 4 | | for single prime projects: (i) the bid of the successful low | 5 | | bidder shall identify the name of the subcontractor, if any, | 6 | | and the bid proposal costs for each of the 5 subdivisions of | 7 | | work set forth in this Section; (ii) the contract entered into | 8 | | with the successful bidder shall provide that no identified | 9 | | subcontractor may be terminated without the written consent of | 10 | | the Capital Development Board; (iii) the contract shall comply | 11 | | with the disadvantaged business practices of the Business | 12 | | Enterprise for Minorities, Women, and Persons with | 13 | | Disabilities Act and the equal employment practices of Section | 14 | | 2-105 of the Illinois Human Rights Act; and (iv) the Capital | 15 | | Development Board shall submit an annual report to the General | 16 | | Assembly and Governor on the bidding, award, and performance | 17 | | of all single prime projects. | 18 | | For building construction projects with a total | 19 | | construction cost valued at $5,000,000 or less, the Capital | 20 | | Development Board shall not use the single prime procurement | 21 | | delivery method for more than 50% of the total number of | 22 | | projects bid for each fiscal year. Any project with a total | 23 | | construction cost valued greater than $5,000,000 may be bid | 24 | | using single prime at the discretion of the Executive Director | 25 | | of the Capital Development Board. | 26 | | (a-5) Beginning on the effective date of this amendatory
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| 1 | | Act of the 102nd General Assembly and through December 31,
| 2 | | 2024, for single prime projects in which a public institution
| 3 | | of higher education is a construction agency procuring for
| 4 | | building construction contracts in excess of $250,000,
| 5 | | separate specifications may be prepared for all equipment,
| 6 | | labor, and materials in connection with the 5 subdivisions of
| 7 | | work enumerated in subsection (a). Any public institution of
| 8 | | higher education contract awarded for any part thereof may
| 9 | | award 2 or more of the 5 subdivisions of work together or
| 10 | | separately to responsible and reliable persons, firms, or
| 11 | | corporations engaged in these classes of work if: (i) the
| 12 | | public institution of higher education has submitted to the
| 13 | | Procurement Policy Board a written notice that shall include
| 14 | | the reasons for using the single prime method and an
| 15 | | explanation of why the use of that method is in the best
| 16 | | interest of the State. The notice provided under this item (i)
| 17 | | shall be posted on the public institution of higher
| 18 | | education's online procurement webpage and on the online
| 19 | | Procurement Bulletin at least 3 business days following
| 20 | | submission to the Procurement Policy Board; (ii) the
| 21 | | successful low bidder has prequalified with the public
| 22 | | institution of higher education; (iii) the bid of the
| 23 | | successful low bidder identifies the name of the
| 24 | | subcontractor, if any, and the bid proposal costs for each of
| 25 | | the 5 subdivisions of work set forth in subsection (a); (iv)
| 26 | | the contract entered into with the successful bidder provides
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| 1 | | that no identified subcontractor may be terminated without the
| 2 | | written consent of the public institution of higher education;
| 3 | | and (v) the successful low bidder has prequalified with the
| 4 | | University of Illinois or with Capital Development Board. | 5 | | For building construction projects with a total
| 6 | | construction cost valued at $20,000,000 or less, public
| 7 | | institutions of higher education shall not use the single
| 8 | | prime delivery method for more than 50% of the total number of
| 9 | | projects bid for each fiscal year. Projects with a total
| 10 | | construction cost valued greater than $20,000,000 may be bid
| 11 | | using the single prime delivery method at the discretion of
| 12 | | the public institution of higher education. | 13 | | With respect to any construction project described in this
| 14 | | subsection (a-5), the public institution of higher education
| 15 | | shall: (i) specify in writing as a public record that the
| 16 | | project shall comply with the Business Enterprise for
| 17 | | Minorities, Women, and Persons with Disabilities Act and the
| 18 | | equal employment practices of Section 2-105 of the Illinois
| 19 | | Human Rights Act; and (ii) report annually to the Governor,
| 20 | | General Assembly, Procurement Policy Board, and Auditor
| 21 | | General on the bidding, award, and performance of all single
| 22 | | prime projects. On or after the effective date of this
| 23 | | amendatory Act of the 102nd General Assembly, the public
| 24 | | institution of higher education may award in each fiscal year
| 25 | | single prime contracts with an aggregate total value of no
| 26 | | more than $100,000,000. The Board of Trustees of the
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| 1 | | University of Illinois may award in each fiscal year single
| 2 | | prime contracts with an aggregate total value of no more than | 3 | | $300,000,000. | 4 | | (b) The provisions of this subsection are operative on and | 5 | | after January 1, 2025 2024 .
For building construction | 6 | | contracts in excess of $250,000, separate specifications shall | 7 | | be prepared for all equipment, labor, and materials in | 8 | | connection with the following 5 subdivisions of the work to be | 9 | | 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 | | The specifications must be so drawn as to permit separate | 20 | | and independent bidding upon each of the 5 subdivisions of | 21 | | work. All contracts awarded for any part thereof shall award | 22 | | the 5 subdivisions of work separately to responsible and | 23 | | reliable persons, firms, or corporations engaged in these | 24 | | classes of work. The contracts, at the discretion of the | 25 | | construction agency, may be assigned to the successful bidder | 26 | | on the general contract work or to the successful bidder on the |
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| 1 | | subdivision of work designated by the construction agency | 2 | | before the bidding as the prime subdivision of work, provided | 3 | | that all payments will be made directly to the contractors for | 4 | | the 5 subdivisions of work upon compliance with the conditions | 5 | | of the contract. | 6 | | (Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20; | 7 | | 102-671, eff. 11-30-21.)
| 8 | | (30 ILCS 500/33-5)
| 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 |
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| 1 | | bidding and awarding of contracts; soliciting the
interest | 2 | | of capable contractors and taking bids on the project;
| 3 | | analyzing the bids received; and preparing and maintaining | 4 | | a progress
schedule during the design phase of the project | 5 | | and preparation of a
proposed construction schedule; and
| 6 | | (2) services provided in the construction phase of the | 7 | | project
including, but not limited to, maintaining | 8 | | competent supervisory staff
to coordinate and provide | 9 | | general direction of the work and progress
of the | 10 | | contractors on the project; directing the work as it is | 11 | | being
performed for general conformance with working | 12 | | drawings and
specifications; establishing procedures for | 13 | | coordinating among the
Board, architect or engineer, | 14 | | contractors, and construction
manager with respect to all | 15 | | aspects of the project and
implementing those procedures; | 16 | | maintaining job site records
and making appropriate | 17 | | progress reports; implementing labor policy
in conformance | 18 | | with the requirements of the public owner; reviewing
the | 19 | | safety and equal opportunity programs of each contractor | 20 | | for
conformance with the public owner's policy and making
| 21 | | recommendations; reviewing and processing
all applications | 22 | | for payment by involved contractors and material
suppliers | 23 | | in accordance with the terms of the contract; making
| 24 | | recommendations and processing requests for changes in the | 25 | | work and
maintaining records of change orders; scheduling | 26 | | and conducting job
meetings to ensure orderly progress of |
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| 1 | | the work; developing and
monitoring a project progress | 2 | | schedule, coordinating and expediting
the work of all | 3 | | contractors and providing periodic status reports to
the | 4 | | owner and the architect or engineer; and establishing and
| 5 | | maintaining a cost control system and conducting meetings | 6 | | to review
costs.
| 7 | | "Construction manager" means any individual, sole
| 8 | | proprietorship, firm, partnership, corporation, or other legal | 9 | | entity
providing construction management services for the | 10 | | Board and
prequalified by the State in accordance with 30 ILCS
| 11 | | 500/33-10.
| 12 | | "Board" means the Capital Development Board and public | 13 | | institutions of higher education .
| 14 | | (Source: P.A. 94-532, eff. 8-10-05.) | 15 | | (30 ILCS 500/33-50)
| 16 | | Sec. 33-50. Duties of construction manager; additional
| 17 | | requirements for persons performing construction work.
| 18 | | (a) Upon the award of a construction management services
| 19 | | contract, a construction manager must contract with the Board | 20 | | to
furnish his or her skill and judgment in cooperation with, | 21 | | and reliance
upon, the services of the project architect or | 22 | | engineer. The
construction manager must furnish business | 23 | | administration, management
of the construction process, and | 24 | | other specified services to the Board and must perform his or | 25 | | her obligations in an expeditious and
economical manner |
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| 1 | | consistent with the interest of the Board. If
it is in the | 2 | | State's best interest, the construction manager may
provide or | 3 | | perform basic services for which reimbursement is provided
in | 4 | | the general conditions to the construction management services
| 5 | | contract.
| 6 | | (b) The actual construction work on the project must be | 7 | | awarded to
contractors under this Code. The Capital | 8 | | Development Board may further separate additional divisions of | 9 | | work under this Article. This subsection is
subject to the | 10 | | applicable provisions of the following Acts:
| 11 | | (1) the Prevailing Wage Act;
| 12 | | (2) the Public Construction Bond Act;
| 13 | | (3) the Public Works Employment Discrimination Act;
| 14 | | (4) the Public Works Preference Act (repealed on June | 15 | | 16, 2010 by Public Act 96-929);
| 16 | | (5) the Employment of Illinois Workers on Public
Works | 17 | | Act;
| 18 | | (6) the Public Contract Fraud Act;
| 19 | | (7) (blank); and
| 20 | | (8) the Illinois Architecture Practice Act of 1989, | 21 | | the Professional
Engineering
Practice Act of 1989, the | 22 | | Illinois Professional Land Surveyor Act of 1989, and
the | 23 | | Structural
Engineering Practice Act of 1989.
| 24 | | (Source: P.A. 101-149, eff. 7-26-19.) | 25 | | Section 10. The Design-Build
Procurement Act is amended by |
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| 1 | | changing Sections 5, 10, and 90 as follows: | 2 | | (30 ILCS 537/5) | 3 | | (Section scheduled to be repealed on July 1, 2022)
| 4 | | Sec. 5. Legislative policy. It is the intent of the | 5 | | General Assembly
that
the State construction agency Capital | 6 | | Development Board be allowed to use the design-build delivery | 7 | | method
for public
projects if it is shown to be in the State's | 8 | | best interest for that particular
project. It shall be the | 9 | | policy of the State construction agency Capital Development | 10 | | Board in the
procurement of
design-build services to publicly | 11 | | announce all requirements for design-build
services and to | 12 | | procure these services on the basis of demonstrated competence
| 13 | | and qualifications and with due regard for the principles of | 14 | | competitive
selection.
| 15 | | The State construction agency Capital Development Board | 16 | | shall, prior to issuing requests for proposals,
promulgate
and | 17 | | publish procedures for the solicitation and award of contracts | 18 | | pursuant to
this Act.
| 19 | | The State construction agency Capital Development Board | 20 | | shall, for each public project or projects
permitted under
| 21 | | this Act, make a written determination, including a | 22 | | description as to the
particular advantages of the | 23 | | design-build procurement method, that it is in the
best | 24 | | interests of this State to enter into a design-build contract | 25 | | for the
project or projects. In making that determination, the |
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| 1 | | following factors shall
be considered:
| 2 | | (1) The probability that the design-build procurement | 3 | | method will be in
the best interests of the State by | 4 | | providing a material savings of time or
cost over the | 5 | | design-bid-build or other delivery system.
| 6 | | (2) The type and size of the project and its | 7 | | suitability to the
design-build procurement method.
| 8 | | (3) The ability of the State construction agency to | 9 | | define and provide
comprehensive
scope and performance | 10 | | criteria for the project.
| 11 | | No State construction agency may use a design-build | 12 | | procurement method unless the agency determines in writing | 13 | | that the project will comply with the disadvantaged business | 14 | | and equal employment practices of the State as established in | 15 | | the Business Enterprise for Minorities, Women, and Persons | 16 | | with Disabilities Act and Section 2-105 of the Illinois Human | 17 | | Rights Act.
| 18 | | The State construction agency Capital Development Board | 19 | | shall within 15 days after the initial
determination provide | 20 | | an advisory copy to the Procurement Policy Board and
maintain | 21 | | the full record of determination for 5 years.
| 22 | | (Source: P.A. 100-391, eff. 8-25-17 .) | 23 | | (30 ILCS 537/10) | 24 | | (Section scheduled to be repealed on July 1, 2022)
| 25 | | Sec. 10. Definitions. As used in this Act:
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| 1 | | "State construction agency" means the Capital Development | 2 | | Board and public institutions of higher education .
| 3 | | "Delivery system" means the design and construction | 4 | | approach used to develop
and construct a project.
| 5 | | "Design-bid-build" means the traditional delivery system | 6 | | used on public
projects in this State that incorporates the | 7 | | Architectural, Engineering, and
Land Surveying Qualification | 8 | | Based Selection Act (30 ILCS 535/) and the
principles of | 9 | | competitive selection in the Illinois Procurement Code (30 | 10 | | ILCS
500/).
| 11 | | "Design-build" means a delivery system that provides | 12 | | responsibility within a
single contract for the furnishing of | 13 | | architecture, engineering, land surveying
and related services | 14 | | as required, and the labor, materials, equipment, and
other | 15 | | construction services for the project.
| 16 | | "Design-build contract" means a contract for a public | 17 | | project under this Act
between the State construction agency | 18 | | and a design-build entity to furnish
architecture,
| 19 | | engineering, land surveying, and related services as required, | 20 | | and to furnish
the labor, materials, equipment, and other | 21 | | construction services for the
project. The design-build | 22 | | contract may be conditioned upon subsequent
refinements in | 23 | | scope and price and may allow the State construction agency to
| 24 | | make
modifications in the project scope without invalidating | 25 | | the design-build
contract.
| 26 | | "Design-build entity" means any individual, sole |
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| 1 | | proprietorship, firm,
partnership, joint venture, corporation, | 2 | | professional corporation, or other
entity that proposes to | 3 | | design and construct any public project under this Act.
A | 4 | | design-build entity and associated design-build professionals | 5 | | shall conduct themselves in accordance with the laws of this | 6 | | State and the related provisions of the Illinois | 7 | | Administrative Code, as referenced by the licensed design | 8 | | professionals Acts of this State.
| 9 | | "Design professional" means any individual, sole | 10 | | proprietorship, firm,
partnership, joint venture, corporation, | 11 | | professional corporation, or other
entity that offers services | 12 | | under the Illinois Architecture Practice Act of
1989 (225 ILCS | 13 | | 305/), the Professional Engineering Practice Act of 1989 (225
| 14 | | ILCS 325/),
the Structural Engineering Licensing Act of 1989 | 15 | | (225 ILCS 340/), or the
Illinois Professional
Land Surveyor | 16 | | Act of 1989 (225 ILCS 330/).
| 17 | | "Evaluation criteria" means the requirements for the | 18 | | separate phases of the
selection process as defined in this | 19 | | Act and may include the specialized
experience, technical | 20 | | qualifications and competence, capacity to perform, past
| 21 | | performance, experience with similar projects, assignment of | 22 | | personnel to the
project, and other appropriate factors. Price | 23 | | may not be used as a factor in
the evaluation of Phase I | 24 | | proposals.
| 25 | | "Proposal" means the offer to enter into a design-build | 26 | | contract as submitted
by a design-build entity in accordance |
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| 1 | | with this Act.
| 2 | | "Request for proposal" means the document used by the | 3 | | State construction agency
to solicit
proposals for a | 4 | | design-build contract.
| 5 | | "Scope and performance criteria" means the requirements | 6 | | for the public
project, including but not limited to, the | 7 | | intended usage, capacity, size,
scope, quality and performance | 8 | | standards, life-cycle costs, and other
programmatic criteria | 9 | | that are expressed in performance-oriented and
quantifiable | 10 | | specifications and drawings that can be reasonably inferred | 11 | | and
are suited to allow a design-build entity to develop a | 12 | | proposal.
| 13 | | (Source: P.A. 94-716, eff. 12-13-05 .) | 14 | | (30 ILCS 537/90) | 15 | | (Section scheduled to be repealed on July 1, 2022)
| 16 | | Sec. 90. Repealer. This Act is repealed on January 1, 2025 | 17 | | July 1, 2022 .
| 18 | | (Source: P.A. 100-1189, eff. 4-5-19.)
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