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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB0456eng SB456 Engrossed LRB9205720MWdv 1 AN ACT concerning State construction projects. 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 adding Article 33 as follows: 6 (30 ILCS 500/Art. 33 heading new) 7 ARTICLE 33. CONSTRUCTION MANAGEMENT SERVICES 8 (30 ILCS 500/33-5 new) 9 Sec. 33-5. Definitions. In this Article: 10 "Construction management services" includes: 11 (1) services provided in the planning and design phases 12 of a construction project including, but not limited to, 13 consulting with, advising, assisting, and making 14 recommendations to the State agency and architect, engineer, 15 or registered landscape architect on all aspects of planning 16 for project construction; reviewing all plans and 17 specifications as they are being developed and making 18 recommendations with respect to construction feasibility, 19 availability of material and labor, time requirements for 20 procurement and construction, and projected costs; making, 21 reviewing, and refining budget estimates based on the State 22 agency's program and other available information; making 23 recommendations to the State agency and the architect or 24 engineer regarding the division of work in the plans and 25 specifications to facilitate the bidding and awarding of 26 contracts; soliciting the interest of capable contractors and 27 assisting the owner in taking bids on the project; analyzing 28 the bids received; and preparing and monitoring a progress 29 schedule during the design phase of the project and 30 preparation of a proposed construction schedule; and SB456 Engrossed -2- LRB9205720MWdv 1 (2) services provided in the construction phase of the 2 project including, but not limited to, maintaining competent 3 supervisory staff to coordinate and provide general direction 4 of the work and progress of the contractors on the project; 5 observing the work as it is being performed for general 6 conformance with working drawings and specifications; 7 establishing procedures for coordinating among the State 8 agency, architect or engineer, contractors, and construction 9 manager with respect to all aspects of the project and 10 implementing those procedures; maintaining job site records 11 and making appropriate progress reports; implementing labor 12 policy in conformance with the requirements of the public 13 owner; reviewing the safety and equal opportunity programs of 14 each contractor for conformance with the public owner's 15 policy and making recommendations; reviewing and processing 16 all applications for payment by involved contractors and 17 material suppliers in accordance with the terms of the 18 contract; making recommendations for and processing requests 19 for changes in the work and maintaining records of change 20 orders; scheduling and conducting job meetings to ensure 21 orderly progress of the work; developing and monitoring a 22 project progress schedule, coordinating and expediting the 23 work of all contractors and providing periodic status reports 24 to the owner and the architect or engineer; and establishing 25 and maintaining a cost control system and conducting meetings 26 to review costs. 27 "Construction manager" means any person providing 28 construction management services for a State agency. 29 (30 ILCS 500/33-10 new) 30 Sec. 33-10. Time for using construction management 31 services. The appropriate State purchasing officer or chief 32 procurement officer of a State agency may elect to engage the 33 construction management services of a construction manager SB456 Engrossed -3- LRB9205720MWdv 1 when planning, designing, and constructing a building or 2 structure or when improving, altering, or repairing a 3 building or structure. Construction management services may 4 be used by the State agency in the pre-construction phase, 5 the construction phase of public works project, or both 6 phases of the project. 7 (30 ILCS 500/33-15 new) 8 Sec. 33-15. Evaluation procedure. A State agency shall 9 evaluate the construction managers submitting letters of 10 interest and other prequalified construction managers, taking 11 into account qualifications; and the State agency may 12 consider, but shall not be limited to considering, ability of 13 professional personnel, past record and experience, 14 performance data on file, willingness to meet time 15 requirements, location, workload of the construction manager, 16 and any other qualifications-based factors as the State 17 agency may determine in writing are applicable. The State 18 agency may conduct discussions with and require public 19 presentations by construction managers deemed to be the most 20 qualified regarding their qualifications, approach to the 21 project, and ability to furnish the required services. 22 A State agency shall establish a committee to select 23 construction managers to provide construction management 24 services. A selection committee may include at least one 25 public member nominated by a statewide association of 26 construction managers. The public member may not be employed 27 or associated with any firm holding a contract with the State 28 agency nor may the public member's firm be considered for a 29 contract with that State agency while he or she is serving as 30 a public member of the committee. 31 In no case shall a State agency, prior to selecting a 32 construction manager, seek formal or informal submission of 33 verbal or written estimates of costs or proposals in terms of SB456 Engrossed -4- LRB9205720MWdv 1 dollars, hours required, percentage of construction cost, or 2 any other measure of compensation. 3 (30 ILCS 500/33-20 new) 4 Sec. 33-20. Duties of construction manager; additional 5 requirements for persons performing construction work. 6 (a) Upon the award of a construction management services 7 contract, a construction manager must contract with the State 8 agency to furnish his or her skill and judgment in 9 cooperation with, and reliance upon, the services of the 10 project architect or engineer. The construction manager must 11 furnish business administration, management of the 12 construction process, and other specified services to the 13 State agency and must perform his or her obligations in an 14 expeditious and economical manner consistent with the 15 interest of the State agency. If it is in the State's best 16 interest, the construction manager may provide or perform 17 basic services for which reimbursement is provided in the 18 general conditions to the construction management services 19 contract. 20 (b) The construction manager, or any entity that 21 controls, is controlled by, or shares common ownership with 22 the construction manager, is not permitted to bid on or 23 perform any of the actual construction on a public works 24 project in which he or she is acting as construction manager. 25 The actual construction work on the project must be awarded 26 by competitive bidding as provided in this Code. All 27 successful bidders for actual construction work must contract 28 directly with the State agency, but must perform his or her 29 obligations at the direction of the construction manager 30 unless otherwise provided in the construction manager's 31 contract with the State agency. All successful bidders for 32 actual construction work must enter into a trust agreement 33 under Section 30-25 of this Code. This subsection is subject SB456 Engrossed -5- LRB9205720MWdv 1 to the applicable provisions of the following Acts: 2 (1) the Prevailing Wage Act; 3 (2) the Public Construction Bond Act; 4 (3) the Public Works Employment Discrimination Act; 5 (4) the Public Works Preference Act; 6 (5) the Employment of Illinois Workers on Public 7 Works Act; 8 (6) the Public Contract Fraud Act; and 9 (7) the Illinois Construction Evaluation Act. 10 (30 ILCS 500/33-25 new) 11 Sec. 33-25. Prohibited conduct. No construction 12 management services contract may be awarded by a State agency 13 on a negotiated basis as provided in this Article if the 14 construction manager or an entity that controls, is 15 controlled by, or shares common ownership or control with the 16 construction manager (i) guarantees, warrants, or otherwise 17 assumes financial responsibility for the work of others on 18 the project; (ii) provides the State agency with a guaranteed 19 maximum price for the work of others on the project; or (iii) 20 furnishes or guarantees a performance or payment bond for 21 other contractors on the project. In any such case, the 22 contract for construction management services must be let by 23 competitive bidding as in the case of contracts for 24 construction work. 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.