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| Public Act 094-0532 |
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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 | ||||
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 | ||
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 | ||
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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