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Article 30 - Construction and Construction-Related Professional Services

      (30 ILCS 500/Art. 30 heading)ARTICLE 30 CONSTRUCTION AND CONSTRUCTION‑RELATED PROFESSIONAL SERVICES

(30 ILCS 500/30‑5)     Sec. 30‑5. Applicability. Construction and construction‑related professional services shall be procured in accordance with this Article. (Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

(30 ILCS 500/30‑10)     Sec. 30‑10. Authority. Construction agencies shall have the authority to procure construction and construction‑related professional services. (Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

(30 ILCS 500/30‑15)     Sec. 30‑15. Method of source selection.     (a) Competitive sealed bidding. Except as provided in subsections (b), (c), and (d) and Sections 20‑20, 20‑25, and 20‑30, all State construction contracts shall be procured by competitive sealed bidding in accordance with Section 20‑10.     (b) Other methods. The Capital Development Board shall establish by rule construction purchases that may be made without competitive sealed bidding and the most competitive alternate method of source selection that shall be used.     (c) Construction‑related professional services. All construction‑related professional services contracts shall be awarded in accordance with the provisions of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. "Professional services" means those services within the scope of the practice of architecture, professional engineering, structural engineering, or registered land surveying, as defined by the laws of this State.     (d) Correctional facilities. Remodeling and rehabilitation projects at correctional facilities under $25,000 funded from the General Revenue Fund are exempt from the provisions of this Article. The Department of Corrections may use inmate labor for the remodeling or rehabilitation of correctional facilities on those projects under $25,000 funded from the General Revenue Fund. (Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/30‑20)
    Sec. 30‑20. Prequalification.
    (a) The Capital Development Board shall promulgate rules for the development of prequalified supplier lists for construction and construction‑related professional services and the periodic updating of those lists. Construction and construction‑related professional services contracts over $25,000 may be awarded to any qualified suppliers.
    (b) The Illinois Power Agency shall promulgate rules for the development of prequalified supplier lists for construction and construction‑related professional services and the periodic updating of those lists. Construction and construction related professional services contracts over $25,000 may be awarded to any qualified suppliers, pursuant to a competitive bidding process.
(Source: P.A. 95‑481, eff. 8‑28‑07.)

    (30 ILCS 500/30‑22)
    Sec. 30‑22. Construction contracts; responsible bidder requirements. To be considered a responsible bidder on a construction contract for purposes of this Code, a bidder must comply with all of the following requirements and must present satisfactory evidence of that compliance to the appropriate construction agency:
        (1) The bidder must comply with all applicable laws

concerning the bidder's entitlement to conduct business in Illinois.

(2) The bidder must comply with all applicable

provisions of the Prevailing Wage Act.

(3) The bidder must comply with Subchapter VI ("Equal

Employment Opportunities") of Chapter 21 of Title 42 of the United States Code (42 U.S.C. 2000e and following) and with Federal Executive Order No. 11246 as amended by Executive Order No. 11375.

(4) The bidder must have a valid Federal Employer

Identification Number or, if an individual, a valid Social Security Number.

(5) The bidder must have a valid certificate of

insurance showing the following coverages: general liability, professional liability, product liability, workers' compensation, completed operations, hazardous occupation, and automobile.

(6) The bidder and all bidder's subcontractors must

participate in applicable apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training.

(7) For contracts with the Illinois Power Agency, the

Director of the Illinois Power Agency may establish additional requirements for responsible bidders. These additional requirements, if established, shall be set forth together with the other criteria contained in the invitation for bids, and shall appear in the appropriate volume of the Illinois Procurement Bulletin.

The provisions of this Section shall not apply to federally funded construction projects if such application would jeopardize the receipt or use of federal funds in support of such a project. (Source: P.A. 95‑481, eff. 8‑28‑07.)

    (30 ILCS 500/30‑25)
    Sec. 30‑25. Retention of a percentage of contract price. Whenever any contract entered into by a construction agency for the repair, remodeling, renovation, or construction of a building or structure, for the construction or maintenance of a highway, as those terms are defined in Article 2 of the Illinois Highway Code, for the construction or maintenance of facilities as that term is defined under Section 1‑10 of the Illinois Power Agency Act, or for the reclamation of abandoned lands as those terms are defined in Article I of the Abandoned Mined Lands and Water Reclamation Act provides for the retention of a percentage of the contract price until final completion and acceptance of the work, upon the request of the contractor and with the approval of the construction agency the amount so retained may be deposited under a trust agreement with an Illinois bank or financial institution of the contractor's choice and subject to the approval of the construction agency. The contractor shall receive any interest on the deposited amount. Upon application by the contractor, the trust agreement must contain, at a minimum, the following provisions:
        (1) the amount to be deposited subject to the trust;
        (2) the terms and conditions of payment in case of

default by the contractor;

(3) the termination of the trust agreement upon

completion of the contract; and

(4) the contractor shall be responsible for

obtaining the written consent of the bank trustee and for any costs or service fees.

The trust agreement may, at the discretion of the construction agency and upon request of the contractor, become effective at the time of the first partial payment in accordance with existing statutes and rules. (Source: P.A. 95‑481, eff. 8‑28‑07.)

    (30 ILCS 500/30‑30)
    Sec. 30‑30. Contracts in excess of $250,000. For building construction contracts in excess of $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.     Until a date 4 years after January 1, 2009 (the effective date of Public Act 95‑758), the requirements of this Section do not apply to a construction project for which the Capital Development Board is the construction agency if: (i) the project budget is at least $20,000,000; (ii) the Capital Development Board has submitted to the Procurement Policy Board a written request for a public hearing on waiver of the application of the requirements of this Section to that project, including its reasons for seeking the waiver and why the waiver is in the best interest of the State; (iii) the Capital Development Board has posted notice of the waiver hearing on its procurement web page and on the online Procurement Bulletin at least 15 working days before the hearing; (iv) the Procurement Policy Board, after conducting the public hearing on the waiver request, reviews and approves the request in writing before the award of the contract; (v) the successful low bidder has prequalified with the Capital Development Board; (vi) the bid of the successful low 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 (vii) 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. With respect to any construction project described in this paragraph, the Capital Development Board shall: (i) provide to the Auditor General an affidavit that the waiver of the application of the requirements of this Section is in the best interest of the State; (ii) specify in writing as a public record that the project shall comply with the disadvantaged business practices of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act and the equal employment practices of Section 2‑105 of the Illinois Human Rights Act; and (iii) report annually to the Governor and the General Assembly on the bidding, award, and performance. On and after January 1, 2009 (the effective date of Public Act 95‑758), the Capital Development Board may award in each year contracts with an aggregate total value of no more than $100,000,000 with respect to construction projects described in this paragraph.     Until a date 5 years after November 29, 2005 (the effective date of Public Act 94‑699), the requirements of this Section do not apply to the Capitol Building HVAC upgrade project if (i) 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 (ii) 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. 95‑758, eff. 1‑1‑09; 96‑1204, eff. 7‑22‑10.)

(30 ILCS 500/30‑35)     Sec. 30‑35. Expenditure in excess of contract price.     (a) Germaneness. No funds in excess of the contract price may be obligated or expended unless the additional work to be performed or materials to be furnished is germane to the original contract. Even if germane to the original contract, no additional expenditures or obligations may, in their total combined amounts, be in excess of the percentages of the original contract amount set forth in subsection (b) unless they have received the prior written approval of the construction agency. In the event that the total of the combined additional expenditures or obligations exceeds the percentages of the original contract amount set forth in subsection (b), the construction agency shall investigate all the additional expenditures or obligations in excess of the original contract amount and shall in writing approve or disapprove subsequent expenditures or obligations and state in detail the reasons for the approval or disapproval.     (b) Written determination required. When the contract amount is no more than $75,000, the percentage shall be 9% (maximum $6,750). When the contract amount is between $75,001 and $200,000, the percentage shall be 7% of the amount above $75,000 plus $6,750, but not to exceed 7% of $200,000 (maximum $14,000). When the contract amount is between $200,001 and $500,000, the percentage shall be 5% of the amount above $200,000 plus $14,000, but not to exceed 5% of $500,000 (maximum $25,000). When the contract amount is in excess of $500,000, the percentage shall be 3% of the amount above $500,000 plus $25,000. (Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

(30 ILCS 500/30‑43)     Sec. 30‑43. (Repealed). (Source: P.A. 92‑11, eff. 6‑11‑01. Repealed by P.A. 93‑632, eff. 2‑1‑04.)

(30 ILCS 500/30‑45)     Sec. 30‑45. Other Acts. This Article is subject to applicable provisions of the following Acts:         (1) the Prevailing Wage Act;         (2) the Public Construction Bond Act;         (3) the Public Works Employment Discrimination Act;         (4) the Public Works Preference Act;         (5) the Employment of Illinois Workers on Public

Works Act;

(6) the Public Contract Fraud Act; and         (7) the Illinois Construction Evaluation Act. (Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/30‑150)
    Sec. 30‑150. Proposed contracts; Procurement Policy Board. This Article is subject to Section 5‑30 of this Code.
(Source: P.A. 93‑839, eff. 7‑30‑04.)