Bill Text: IL SB1957 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Sets forth requirements for responsible bidders on material testing contracts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1957 Detail]

Download: Illinois-2013-SB1957-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1957 Introduced 2/15/2013, by Sen. Gary Forby SYNOPSIS AS INTRODUCED:
30 ILCS 535/15 from Ch. 127, par. 4151-15
30 ILCS 535/37 new
Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Sets forth requirements for responsible bidders on material testing contracts.
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A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act is amended by
changing Section 15 and by adding Section 37 as follows:
(30 ILCS 535/15) (from Ch. 127, par. 4151-15)
Sec. 15. Definitions. As used in this Act:
"Architectural services" means any professional service as
defined in Section 5 of the Illinois Architecture Practice Act
of 1989.
"Engineering services" means any professional service as
defined in Section 4 of the Professional Engineering Practice
Act of 1989 or Section 5 of the Structural Engineering Practice
Act of 1989.
"Firm" means any individual, sole proprietorship, firm,
partnership, corporation, association, or other legal entity
permitted by law to practice the profession of architecture,
engineering, or land surveying and provide those services.
"Land surveying services" means any professional service
as defined in Section 5 of the Illinois Professional Land
Surveyor Act of 1989.
"Material testing" means hand coring and drilling for

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testing of materials; field inspection of uncured concrete and
asphalt; field inspection of welds, structural steel,
fireproofing, masonry, soil, facade, reinforcing steel,
formwork, cured concrete, and concrete and asphalt batch
plants; and adjusting proportions of bituminous mixtures.
"Project" means any capital improvement project or any
design, study, plan, survey, or new or existing program
activity of a State agency, including development of new or
existing programs that require architectural, engineering, or
land surveying services.
"State agency" means any department, commission, council,
board, bureau, committee, institution, agency, university,
government corporation, authority, or other establishment or
official of this State.
(Source: P.A. 91-91, eff. 1-1-00.)
(30 ILCS 535/37 new)
Sec. 37. Material testing contracts; responsible bidder
requirements. To be considered a responsible bidder on a
material testing contract for purposes of this Act, a bidder
must comply with all of the following requirements and must
present satisfactory evidence of that compliance to the
appropriate construction agency:
(1) Evidence of compliance with all applicable laws
concerning the bidder's entitlement to conduct business in
Illinois.

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(2) A sworn statement of the bidder's compliance with
all provisions of the applicable Prevailing Wage Act.
(3) A sworn statement of the bidder's compliance 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 federal Executive Order No. 11375.
(4) Evidence of a valid Federal Employer
Identification Number or, if an individual, a valid Social
Security Number.
(5) Evidence that the bidder and all bidder's
subcontractors secured workers' compensation insurance for
covered employees. If the bidder or bidder's
subcontractors are insured with a carrier, the evidence of
workers' compensation insurance must be a copy of the first
page of the information page of the bidder's and bidder's
subcontractors' workers' compensation policy, and any
continuation attachments of that information page, and a
certificate of liability insurance.
(i) The information page must include the name and
address of the insured as well as the class codes the
compensation premium is based on and the total
estimated remuneration per class code.
(ii) The certificate of liability insurance must
include the following information and documentation in
order to be considered valid evidence of workers'

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compensation insurance coverage:
(A) the producer section listing the
producer's name, address, and telephone phone
number;
(B) the insurer's affording coverage section
listing the name of the carrier that is providing
workers' compensation insurance;
(C) the name of the bidder or bidder's
subcontractors listed as the insured;
(D) the proper policy number or binder number
for the workers' compensation and employers'
liability insurance;
(E) the dollar limits of coverage listed for
the workers' compensation and employers' liability
insurance;
(F) the signature of an authorized
representative under the certificate of liability
insurance;
(G) an issue date of the certificate of
liability insurance that precedes the date the
bidder submitted a bid for the project; and
(H) a date or time frame under which the work
is to be performed by the bidder and bidder's
subcontractors that falls within the policy
effective and policy expiration dates listed on
the certificate of liability insurance.

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(iii) The information required under items (i) and
(ii) of this subdivision (5) must be provided by the
bidder's or bidder's subcontractors' carrier and may
not be provided by the bidder's or bidder's
subcontractors' insurance agent.
(iv) The information required under items (i) and
(ii) of this subdivision (5) must be preserved by the
bidder for at least 3 years and must be made available
to the construction agency and the public in accordance
with the Freedom of Information Act.
(6) Evidence that the bidder and all bidder's
subcontractors participate in applicable apprenticeship
and training programs approved by and registered with the
United States Department of Labor's Office of
Apprenticeship, or its successor organization.
(7) Evidence of compliance with the requirements of the
Public Construction Bond Act and furnishing, supplying,
and delivering a surety bond by a surety company acceptable
to the appropriate construction agency. It is recommended
that the surety company issuing the bond or surety be
listed in Best's Key Rating Guide with a rating of B or
better, be listed in the Treasury Circular, or be listed in
both. The bond and sureties are subject to the right of
reasonable approval or disapproval, including suspension,
by the appropriate construction agency.
(8) Evidence of any professional or trade license

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required by law for any trade or specialty area in which
the bidder is seeking a contract award. Additionally, the
bidder must disclose any suspension or revocation of such a
license held by the bidder or by any director, officer, or
manager employed by the bidder.
(9) Bidders must provide a sworn statement that
employees to be employed on the project are properly
classified as either (i) an employee or (ii) an independent
contractor under all applicable state and federal laws and
local ordinances.
(10) The information, documentation, and evidence
required under this Section are a material part of the
contract and the failure of a bidder to comply with the
provisions of this Section shall result in the bidder's
disqualification from being awarded the contract.
(11) When the award is not recommended to be given to
the lowest bidder, a statement of the reasons for that
recommendation must be prepared by the construction
agency.
(12) The provisions of this Section do not apply to any
federally funded construction project if application to
that project would jeopardize the receipt or use of federal
funds in support of that project.