Bill Text: IL HB5014 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Public Building Commission Act. Removes various repeal dates of June 1, 2018 in provisions concerning allowing public building commissions to use the design-build delivery method for public projects. Makes conforming changes.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB5014 Detail]
Download: Illinois-2017-HB5014-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Building Commission Act is amended by | ||||||||||||||||||||||||||||||||||||||||||||
5 | changing Sections 2.5, 3, 20, 20.3, 20.4, 20.5, 20.10, 20.15, | ||||||||||||||||||||||||||||||||||||||||||||
6 | 20.20, 20.25, and 23.5 as follows:
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7 | (50 ILCS 20/2.5)
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8 | (Section scheduled to be repealed on June 1, 2018) | ||||||||||||||||||||||||||||||||||||||||||||
9 | Sec. 2.5. Legislative policy; conditions for use of | ||||||||||||||||||||||||||||||||||||||||||||
10 | design-build. It is the intent of the General Assembly that a | ||||||||||||||||||||||||||||||||||||||||||||
11 | commission be allowed to use the design-build delivery method | ||||||||||||||||||||||||||||||||||||||||||||
12 | for public projects if
it is shown to be in the commission's | ||||||||||||||||||||||||||||||||||||||||||||
13 | best interest for that particular project. | ||||||||||||||||||||||||||||||||||||||||||||
14 | It shall be the policy of the commission in the procurement | ||||||||||||||||||||||||||||||||||||||||||||
15 | of design-build services to publicly announce all requirements | ||||||||||||||||||||||||||||||||||||||||||||
16 | for design-build services and to procure these services on the | ||||||||||||||||||||||||||||||||||||||||||||
17 | basis of demonstrated competence and qualifications and with | ||||||||||||||||||||||||||||||||||||||||||||
18 | due regard for the principles of competitive selection. | ||||||||||||||||||||||||||||||||||||||||||||
19 | The commission shall, prior to issuing requests for | ||||||||||||||||||||||||||||||||||||||||||||
20 | proposals, promulgate and publish procedures for the | ||||||||||||||||||||||||||||||||||||||||||||
21 | solicitation and award of contracts pursuant to this Act. | ||||||||||||||||||||||||||||||||||||||||||||
22 | The commission shall, for each public project or projects | ||||||||||||||||||||||||||||||||||||||||||||
23 | permitted under this Act, make a written determination, |
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1 | including a description as to the particular
advantages of the | ||||||
2 | design-build procurement method, that it is in the best | ||||||
3 | interests of the commission to enter into a design-build | ||||||
4 | contract for the project or projects. | ||||||
5 | In making that determination, the following factors shall | ||||||
6 | be considered: | ||||||
7 | (1) The probability that the design-build procurement | ||||||
8 | method will be in the best interests of the commission by | ||||||
9 | providing a material savings of time or cost over the | ||||||
10 | design-bid-build or other delivery system. | ||||||
11 | (2) The type and size of the project and its | ||||||
12 | suitability to the design-build procurement method. | ||||||
13 | (3) The ability of the design-build entity to define | ||||||
14 | and provide comprehensive scope and performance criteria | ||||||
15 | for the project. | ||||||
16 | The commission shall require the design-build entity to | ||||||
17 | comply with the utilization goals established by the corporate | ||||||
18 | authorities of the commission for minority and women business | ||||||
19 | enterprises and to comply with Section 2-105 of the Illinois | ||||||
20 | Human Rights Act. | ||||||
21 | This Section is repealed on June 1, 2018; provided that any | ||||||
22 | design-build contracts entered into before such date or any | ||||||
23 | procurement of a project under this Act commenced before such | ||||||
24 | date, and the contracts resulting from those procurements, | ||||||
25 | shall remain effective.
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26 | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, |
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1 | eff. 1-7-14.)
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2 | (50 ILCS 20/3) (from Ch. 85, par. 1033)
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3 | Sec. 3. The following terms, wherever used, or referred to | ||||||
4 | in this Act,
mean unless the context clearly requires a | ||||||
5 | different meaning:
| ||||||
6 | (a) "Commission" means a Public Building Commission | ||||||
7 | created pursuant to
this Act.
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8 | (b) "Commissioner" or "Commissioners" means a | ||||||
9 | Commissioner or
Commissioners of a Public Building | ||||||
10 | Commission.
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11 | (c) "County seat" means a city, village or town which | ||||||
12 | is the county seat
of a county.
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13 | (d) "Municipality" means any city, village or | ||||||
14 | incorporated town of the
State of Illinois.
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15 | (e) "Municipal corporation" includes a county, city, | ||||||
16 | village, town,
(including a county seat), park district,
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17 | school district in a county of 3,000,000 or more | ||||||
18 | population, board of
education of a school district in a | ||||||
19 | county of 3,000,000 or more population,
sanitary district,
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20 | airport authority contiguous with the County
Seat as of | ||||||
21 | July 1, 1969 and any other municipal body or governmental | ||||||
22 | agency
of the State, and until July 1, 2011, a school | ||||||
23 | district that (i) was organized prior to 1860, (ii) is | ||||||
24 | located in part in a city originally incorporated prior to | ||||||
25 | 1840, and (iii) entered into a lease with a Commission |
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1 | prior to 1993, and its board of education, but does not | ||||||
2 | include a school district in a county of less
than | ||||||
3 | 3,000,000 population, a board of education of a school | ||||||
4 | district in a
county of less than 3,000,000 population, or | ||||||
5 | a community college district in
a county of less than | ||||||
6 | 3,000,000 population, except that until July 1, 2011, a | ||||||
7 | school district that (i) was organized prior to 1860, (ii) | ||||||
8 | is located in part in a city originally incorporated prior | ||||||
9 | to 1840, and (iii) entered into a lease with a Commission | ||||||
10 | prior to 1993, and its board of education, are included.
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11 | (f) "Governing body" includes a city council, county | ||||||
12 | board, or any other
body or board, by whatever name it may | ||||||
13 | be known, charged with the governing
of a municipal | ||||||
14 | corporation.
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15 | (g) "Presiding officer" includes the mayor or | ||||||
16 | president of a city,
village or town, the presiding officer | ||||||
17 | of a county board, or the presiding
officer of any other | ||||||
18 | board or commission, as the case may be.
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19 | (h) "Oath" means oath or affirmation.
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20 | (i) "Building" means an improvement to real estate to | ||||||
21 | be made available
for use by a municipal corporation for | ||||||
22 | the furnishing of governmental
services to its citizens, | ||||||
23 | together with any land or interest in land
necessary or | ||||||
24 | useful in connection with the improvement.
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25 | (j) "Delivery system" means the design and | ||||||
26 | construction approach used to develop
and construct a |
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1 | project.
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2 | (k) "Design-bid-build" means the traditional delivery | ||||||
3 | system used on public
projects that incorporates the Local | ||||||
4 | Government Professional Services Selection Act (50 ILCS | ||||||
5 | 510/) and the
principles of competitive selection.
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6 | (l) "Design-build" means a delivery system that | ||||||
7 | provides responsibility within a
single contract for the | ||||||
8 | furnishing of architecture, engineering, land surveying
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9 | and related services as required, and the labor, materials, | ||||||
10 | equipment, and
other construction services for the | ||||||
11 | project.
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12 | (m) "Design-build contract" means a contract for a | ||||||
13 | public project under this Act
between the Commission and a | ||||||
14 | design-build entity to furnish
architecture,
engineering, | ||||||
15 | land surveying, and related services as required, and to | ||||||
16 | furnish
the labor, materials, equipment, and other | ||||||
17 | construction services for the
project. The design-build | ||||||
18 | contract may be conditioned upon subsequent
refinements in | ||||||
19 | scope and price and may allow the Commission to
make
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20 | modifications in the project scope without invalidating | ||||||
21 | the design-build
contract.
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22 | (n) "Design-build entity" means any individual, sole | ||||||
23 | proprietorship, firm,
partnership, joint venture, | ||||||
24 | corporation, professional corporation, or other
entity | ||||||
25 | that proposes to design and construct any public project | ||||||
26 | under this Act.
A design-build entity and associated |
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1 | design-build professionals shall conduct themselves in | ||||||
2 | accordance with the laws of this State and the related | ||||||
3 | provisions of the Illinois Administrative Code, as | ||||||
4 | referenced by the licensed design professionals Acts of | ||||||
5 | this State.
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6 | (o) "Design professional" means any individual, sole | ||||||
7 | proprietorship, firm,
partnership, joint venture, | ||||||
8 | corporation, professional corporation, or other
entity | ||||||
9 | that offers services under the Illinois Architecture | ||||||
10 | Practice Act of
1989 (225 ILCS 305/), the Professional | ||||||
11 | Engineering Practice Act of 1989 (225
ILCS 325/),
the | ||||||
12 | Structural Engineering Licensing Act of 1989 (225 ILCS | ||||||
13 | 340/), or the
Illinois Professional
Land Surveyor Act of | ||||||
14 | 1989 (225 ILCS 330/).
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15 | (p) "Evaluation criteria" means the requirements for | ||||||
16 | the separate phases of the
selection process for | ||||||
17 | design-build proposals as defined in this Act and may | ||||||
18 | include the specialized
experience, technical | ||||||
19 | qualifications and competence, capacity to perform, past
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20 | performance, experience with similar projects, assignment | ||||||
21 | of personnel to the
project, and other appropriate factors. | ||||||
22 | Price may not be used as a factor in
the evaluation of | ||||||
23 | Phase I proposals.
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24 | (q) "Proposal" means the offer to enter into a | ||||||
25 | design-build contract as submitted
by a design-build | ||||||
26 | entity in accordance with this Act.
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1 | (r) "Request for proposal" means the document used by | ||||||
2 | the Commission
to solicit
proposals for a design-build | ||||||
3 | contract.
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4 | (s) "Scope and performance criteria" means the | ||||||
5 | requirements for the public
project, including but not | ||||||
6 | limited to, the intended usage, capacity, size,
scope, | ||||||
7 | quality and performance standards, life-cycle costs, and | ||||||
8 | other
programmatic criteria that are expressed in | ||||||
9 | performance-oriented and
quantifiable specifications and | ||||||
10 | drawings that can be reasonably inferred and
are suited to | ||||||
11 | allow a design-build entity to develop a proposal.
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12 | (t) "Guaranteed maximum price" means a form of contract | ||||||
13 | in which compensation may vary according to the scope of | ||||||
14 | work involved but in any case may not exceed an agreed | ||||||
15 | total amount.
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16 | Definitions in this Section with respect to design-build | ||||||
17 | shall have no effect beginning on June 1, 2018; provided that | ||||||
18 | any design-build contracts entered into before such date or any | ||||||
19 | procurement of a project under this Act commenced before such | ||||||
20 | date, and the contracts resulting from those procurements, | ||||||
21 | shall remain effective.
The actions of any person or entity | ||||||
22 | taken on or after June 1, 2013 and before the effective date of | ||||||
23 | this amendatory Act of the 98th General Assembly in reliance on | ||||||
24 | the provisions of this Section with respect to design-build | ||||||
25 | continuing to be effective are hereby validated. | ||||||
26 | (Source: P.A. 98-299, eff. 8-9-13; 98-619, eff. 1-7-14.)
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1 | (50 ILCS 20/20) (from Ch. 85, par. 1050)
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2 | Sec. 20. Contracts let to lowest responsible bidder; | ||||||
3 | competitive bidding; advertisement for bids; design-build | ||||||
4 | contracts. | ||||||
5 | (a) All contracts to be let for the construction, | ||||||
6 | alteration,
improvement, repair, enlargement, demolition or | ||||||
7 | removal of any buildings or
other facilities, or for materials | ||||||
8 | or supplies to be furnished, where the
amount thereof is in | ||||||
9 | excess of $20,000, shall be awarded as a design-build contract | ||||||
10 | in accordance with Sections 20.3 through 20.20 or shall be let | ||||||
11 | to the lowest
responsible bidder, or bidders, on open | ||||||
12 | competitive bidding. | ||||||
13 | (b) A contract awarded on the basis of competitive bidding | ||||||
14 | shall be awarded after public
advertisement published at least | ||||||
15 | once in each week for three consecutive
weeks prior to the | ||||||
16 | opening of bids, in a daily newspaper of general
circulation in | ||||||
17 | the county where the commission is located, except in the case | ||||||
18 | of an emergency situation, as determined by the chief executive | ||||||
19 | officer. If a contract is awarded in an emergency situation, | ||||||
20 | (i) the contract accepted must be based on the lowest | ||||||
21 | responsible proposal after the commission has made a diligent | ||||||
22 | effort to solicit multiple proposals by telephone, facsimile, | ||||||
23 | or other efficient means and (ii) the chief executive officer | ||||||
24 | must submit a report at the next regular meeting of the Board, | ||||||
25 | to be ratified by the Board and entered into the official |
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1 | record, that states the chief executive officer's reason for | ||||||
2 | declaring an emergency situation, the names of all parties | ||||||
3 | solicited for proposals, and their proposals and that includes | ||||||
4 | a copy of the contract awarded. Nothing
contained in this | ||||||
5 | Section shall be construed to prohibit the Board of
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6 | Commissioners from placing additional advertisements in | ||||||
7 | recognized trade
journals. Advertisements for bids shall | ||||||
8 | describe the character of the
proposed contract in sufficient | ||||||
9 | detail to enable the bidders thereon to
know what their | ||||||
10 | obligation will be, either in the advertisement itself, or
by | ||||||
11 | reference to detailed plans and specifications on file in the | ||||||
12 | office of
the Public Building Commission at the time of the | ||||||
13 | publication of the first
announcement. Such advertisement | ||||||
14 | shall also state the date, time, and place
assigned for the | ||||||
15 | opening of bids. No bids shall be received at any time
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16 | subsequent to the time indicated in said advertisement. | ||||||
17 | (c) In addition to the requirements of Section 20.3, the | ||||||
18 | Commission shall advertise a design-build solicitation at | ||||||
19 | least once in a daily newspaper of general circulation in the | ||||||
20 | county where the Commission is located. The date that Phase I | ||||||
21 | submissions by design-build entities are due must be at least | ||||||
22 | 14 calendar days after the date the newspaper advertisement for | ||||||
23 | design-build proposals is first published. The advertisement | ||||||
24 | shall identify the design-build project, the due date, the | ||||||
25 | place and time for Phase I submissions, and the place where | ||||||
26 | proposers can obtain a complete copy of the request for |
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1 | design-build proposals, including the criteria for evaluation | ||||||
2 | and the scope and performance criteria. The Commission is not | ||||||
3 | precluded from using other media or from placing advertisements | ||||||
4 | in addition to the one required under this subsection. | ||||||
5 | (d) The Board of
Commissioners may reject any and all bids | ||||||
6 | and proposals received and may readvertise for
bids or issue a | ||||||
7 | new request for design-build proposals. | ||||||
8 | (e) All bids shall be open to public inspection in the | ||||||
9 | office of the
Public Building Commission after an award or | ||||||
10 | final selection has been made. The successful bidder for such | ||||||
11 | work shall enter into
contracts furnished and prescribed by the | ||||||
12 | Board of Commissioners and in
addition to any other bonds | ||||||
13 | required under this Act the successful bidder
shall execute and | ||||||
14 | give bond, payable to and to be approved by the
Commission, | ||||||
15 | with a corporate surety authorized to do business under the
| ||||||
16 | laws of the State of Illinois, in an amount to be determined by | ||||||
17 | the Board
of Commissioners, conditioned upon the payment of all | ||||||
18 | labor furnished and
materials supplied in the prosecution of | ||||||
19 | the contracted work. If the bidder
whose bid has been accepted | ||||||
20 | shall neglect or refuse to accept the contract
within five (5) | ||||||
21 | days after written notice that the same has been awarded to
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22 | him, or if he accepts but does not execute the contract and | ||||||
23 | give the proper
security, the Commission may accept the next | ||||||
24 | lowest bidder, or readvertise
and relet in manner above | ||||||
25 | provided. | ||||||
26 | (f) In case any work shall be abandoned by
any contractor |
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1 | or design-build entity, the Commission may, if the best | ||||||
2 | interests of the Commission
be thereby served, adopt on behalf | ||||||
3 | of the Commission all subcontracts made
by such contractor or | ||||||
4 | design-build entity for such work and all such sub-contractors | ||||||
5 | shall be
bound by such adoption if made; and the Commission | ||||||
6 | shall, in the manner
provided in this Act, readvertise and | ||||||
7 | relet, or request proposals and award design-build contracts | ||||||
8 | for, the work specified in the original
contract exclusive of | ||||||
9 | so much thereof as shall be accepted. Every contract
when made | ||||||
10 | and entered into, as provided in this Section or Section 20.20, | ||||||
11 | shall be executed, held by the Commission, and filed
in
its | ||||||
12 | records, and one copy of which shall be given to the contractor | ||||||
13 | or design-build entity.
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14 | (g) The provisions of this Section with respect to | ||||||
15 | design-build shall have no effect beginning on June 1, 2018; | ||||||
16 | provided that any design-build contracts entered into before | ||||||
17 | such date or any procurement of a project under this Act | ||||||
18 | commenced before such date, and the contracts resulting from | ||||||
19 | those procurements, shall remain effective. The actions of any | ||||||
20 | person or entity taken on or after June 1, 2013 and before the | ||||||
21 | effective date of this amendatory Act of the 98th General | ||||||
22 | Assembly in reliance on the provisions of this Section with | ||||||
23 | respect to design-build continuing to be effective are hereby | ||||||
24 | validated. | ||||||
25 | (Source: P.A. 98-299, eff. 8-9-13; 98-619, eff. 1-7-14.)
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1 | (50 ILCS 20/20.3)
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2 | (Section scheduled to be repealed on June 1, 2018) | ||||||
3 | Sec. 20.3. Solicitation of design-build proposals.
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4 | (a) When the Commission elects to use the design-build | ||||||
5 | delivery
method, it must
issue a notice of intent to receive | ||||||
6 | proposals for the project at
least 14 days before issuing the | ||||||
7 | request for the proposal. The Commission
must publish the | ||||||
8 | advance notice in a daily newspaper of general circulation in | ||||||
9 | the county where the Commission is located. The
Commission is | ||||||
10 | encouraged to use publication of the notice in related | ||||||
11 | construction
industry service publications. A brief | ||||||
12 | description of the proposed procurement
must be included in the | ||||||
13 | notice. The Commission must provide a
copy of the
request for | ||||||
14 | proposal to any party requesting a copy.
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15 | (b) The request for proposal shall be prepared for each | ||||||
16 | project and must
contain, without limitation, the following | ||||||
17 | information:
| ||||||
18 | (1) The name of the Commission.
| ||||||
19 | (2) A preliminary schedule for the completion of the | ||||||
20 | contract.
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21 | (3) The proposed budget for the project, the source of | ||||||
22 | funds, and the
currently available funds at the time the | ||||||
23 | request for proposal is submitted.
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24 | (4) Prequalification criteria for design-build | ||||||
25 | entities wishing to submit
proposals.
The Commission shall | ||||||
26 | include, at a minimum, its normal
prequalification, |
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1 | licensing, registration, and other requirements, but | ||||||
2 | nothing
contained herein precludes the use of additional | ||||||
3 | prequalification criteria
by the Commission.
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4 | (5) Material requirements of the contract, including | ||||||
5 | but not limited to,
the proposed terms and conditions, | ||||||
6 | required performance and payment bonds,
insurance, and the | ||||||
7 | entity's plan to comply with the utilization goals | ||||||
8 | established by the corporate authorities of the Commission | ||||||
9 | for minority and women business enterprises and to comply | ||||||
10 | with Section 2-105 of the Illinois Human Rights Act.
| ||||||
11 | (6) The performance criteria.
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12 | (7) The evaluation criteria for each phase of the | ||||||
13 | solicitation.
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14 | (8) The number of entities that will be considered for | ||||||
15 | the technical and
cost
evaluation phase.
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16 | (c) The Commission may include any other relevant | ||||||
17 | information
that it
chooses to supply. The design-build entity | ||||||
18 | shall be entitled to rely upon the
accuracy of this | ||||||
19 | documentation in the development of its proposal.
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20 | (d) The date that proposals are due must be at least 21 | ||||||
21 | calendar days after
the date of the issuance of the request for | ||||||
22 | proposal. In the event the cost of
the project
is estimated to | ||||||
23 | exceed $12,000,000, then the proposal due date must be at least
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24 | 28 calendar days after the date of the issuance of the request | ||||||
25 | for proposal.
The Commission shall include in the request for | ||||||
26 | proposal a
minimum of 30 days
to develop the Phase II |
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1 | submissions after the selection of entities
from the Phase I | ||||||
2 | evaluation is completed.
| ||||||
3 | (e) (Blank). This Section is repealed on June 1, 2018; | ||||||
4 | provided that any design-build contracts entered into before | ||||||
5 | such date or any procurement of a project under this Act | ||||||
6 | commenced before such date, and the contracts resulting from | ||||||
7 | those procurements, shall remain effective.
| ||||||
8 | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, | ||||||
9 | eff. 1-7-14.)
| ||||||
10 | (50 ILCS 20/20.4)
| ||||||
11 | (Section scheduled to be repealed on June 1, 2018) | ||||||
12 | Sec. 20.4. Development of design-build scope and | ||||||
13 | performance criteria.
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14 | (a) The Commission shall develop, with the assistance of a
| ||||||
15 | licensed design professional, a request
for proposal, which | ||||||
16 | shall include scope and performance criteria.
The scope and | ||||||
17 | performance criteria must be in sufficient detail and contain
| ||||||
18 | adequate information to reasonably apprise the qualified | ||||||
19 | design-build entities
of the Commission's overall programmatic | ||||||
20 | needs and goals,
including criteria and preliminary design | ||||||
21 | plans,
general budget parameters, schedule, and delivery | ||||||
22 | requirements.
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23 | (b) Each request for proposal shall also include a | ||||||
24 | description of the level
of design to be provided in the | ||||||
25 | proposals. This description must include the
scope and type of |
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1 | renderings, drawings, and specifications that, at a minimum,
| ||||||
2 | will be required by the Commission to be produced by the
| ||||||
3 | design-build entities.
| ||||||
4 | (c) The scope and performance criteria shall be prepared by | ||||||
5 | a design
professional who is an employee of the Commission, or | ||||||
6 | the Commission may
contract with an independent design | ||||||
7 | professional selected under the
Local Government Professional | ||||||
8 | Services Selection Act (50 ILCS 510/) to provide these | ||||||
9 | services.
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10 | (d) The design professional that prepares the scope and | ||||||
11 | performance criteria
is prohibited from participating in any | ||||||
12 | design-build entity proposal for the
project.
| ||||||
13 | (e) (Blank). This Section is repealed on June 1, 2018; | ||||||
14 | provided that any design-build contracts entered into before | ||||||
15 | such date or any procurement of a project under this Act | ||||||
16 | commenced before such date, and the contracts resulting from | ||||||
17 | those procurements, shall remain effective.
| ||||||
18 | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, | ||||||
19 | eff. 1-7-14.)
| ||||||
20 | (50 ILCS 20/20.5) | ||||||
21 | (Section scheduled to be repealed on June 1, 2018) | ||||||
22 | Sec. 20.5. Procedures for design-build selection. | ||||||
23 | (a) The Commission must use a two-phase procedure for the
| ||||||
24 | selection of the
successful design-build entity. Phase I of the | ||||||
25 | procedure will evaluate and
shortlist the design-build |
| |||||||
| |||||||
1 | entities based on qualifications, and Phase II
will
evaluate | ||||||
2 | the technical and cost proposals. | ||||||
3 | (b) The Commission shall include in the request for | ||||||
4 | proposal
the
evaluating factors to be used in Phase I. These | ||||||
5 | factors are in addition to any
prequalification requirements of | ||||||
6 | design-build entities that the Commission has set
forth. Each | ||||||
7 | request for proposal shall establish the relative importance
| ||||||
8 | assigned to each evaluation factor and subfactor, including any | ||||||
9 | weighting of
criteria to be employed by the Commission. The | ||||||
10 | Commission must maintain a
record of the evaluation scoring to | ||||||
11 | be disclosed in event of a protest
regarding the solicitation.
| ||||||
12 | The Commission shall include the following criteria in | ||||||
13 | every
Phase I
evaluation of design-build entities: (1) | ||||||
14 | experience of personnel; (2)
successful
experience with | ||||||
15 | similar project types; (3) financial capability; (4) | ||||||
16 | timeliness
of past performance; (5) experience with similarly | ||||||
17 | sized projects; (6)
successful reference checks of the firm; | ||||||
18 | (7) commitment to assign personnel
for the duration of the | ||||||
19 | project and qualifications of the entity's consultants; and (8) | ||||||
20 | ability or past performance in meeting or exhausting good faith | ||||||
21 | efforts to meet the utilization goals for minority and women | ||||||
22 | business enterprises established by the corporate authorities | ||||||
23 | of the Commission and in complying with Section 2-105 of the | ||||||
24 | Illinois Human Rights Act. The Commission may include any | ||||||
25 | additional relevant criteria in Phase I that it deems necessary | ||||||
26 | for a proper qualification review.
|
| |||||||
| |||||||
1 | The Commission may not consider any design-build entity for
| ||||||
2 | evaluation or
award if the entity has any pecuniary interest in | ||||||
3 | the project or has other
relationships or circumstances, | ||||||
4 | including but not limited to, long-term
leasehold, mutual | ||||||
5 | performance, or development contracts with the Commission,
| ||||||
6 | that may give the design-build entity a financial or tangible | ||||||
7 | advantage over
other design-build entities in the preparation, | ||||||
8 | evaluation, or performance of
the
design-build contract or that | ||||||
9 | create the appearance of impropriety. No design-build proposal | ||||||
10 | shall be considered that does not include an entity's plan to | ||||||
11 | comply with the requirements established in the minority and | ||||||
12 | women business enterprises and economically disadvantaged | ||||||
13 | firms established by the corporate authorities of the | ||||||
14 | Commission and with Section 2-105 of the Illinois Human Rights | ||||||
15 | Act.
| ||||||
16 | Upon completion of the qualifications evaluation, the | ||||||
17 | Commission shall
create a shortlist of the most highly | ||||||
18 | qualified design-build entities. The
Commission, in its | ||||||
19 | discretion, is not required to shortlist the
maximum number of
| ||||||
20 | entities as identified for Phase II evaluation, provided | ||||||
21 | however, no less than
2
design-build entities nor more than 6 | ||||||
22 | are selected to submit Phase II
proposals.
| ||||||
23 | The Commission shall notify the entities selected for the
| ||||||
24 | shortlist in
writing. This notification shall commence the | ||||||
25 | period for the preparation of the
Phase II technical and cost | ||||||
26 | evaluations. The Commission must
allow sufficient
time for the |
| |||||||
| |||||||
1 | shortlist entities to prepare their Phase II submittals
| ||||||
2 | considering
the scope and detail requested by the Commission.
| ||||||
3 | (c) The Commission shall include in the request for | ||||||
4 | proposal
the
evaluating factors to be used in the technical and | ||||||
5 | cost submission components
of Phase II. Each request for | ||||||
6 | proposal shall establish, for both the technical
and cost | ||||||
7 | submission components of Phase II, the relative importance | ||||||
8 | assigned to
each evaluation factor and subfactor, including any | ||||||
9 | weighting of criteria to be
employed by the Commission. The | ||||||
10 | Commission must
maintain a record of the
evaluation scoring to | ||||||
11 | be disclosed in event of a protest regarding the
solicitation.
| ||||||
12 | The Commission shall include the following criteria in | ||||||
13 | every
Phase II
technical evaluation of design-build entities: | ||||||
14 | (1) compliance with objectives
of
the
project; (2) compliance | ||||||
15 | of proposed services to the request for proposal
requirements; | ||||||
16 | (3) quality of products or materials proposed; (4) quality of
| ||||||
17 | design parameters; (5) design concepts; (6) innovation in | ||||||
18 | meeting the scope and
performance criteria; and (7) | ||||||
19 | constructability of the
proposed project. The Commission may | ||||||
20 | include any additional
relevant
technical evaluation factors | ||||||
21 | it deems necessary for proper selection.
| ||||||
22 | The Commission shall include the following criteria in | ||||||
23 | every
Phase II cost
evaluation: the guaranteed maximum project | ||||||
24 | cost and the time of
completion. The Commission may include any | ||||||
25 | additional relevant
technical
evaluation factors it deems | ||||||
26 | necessary for proper selection. The guaranteed maximum project |
| |||||||
| |||||||
1 | cost criteria weighing factor shall not exceed 30%.
| ||||||
2 | The Commission shall directly employ or retain a licensed
| ||||||
3 | design
professional to evaluate the technical and cost | ||||||
4 | submissions to determine if the
technical submissions are in | ||||||
5 | accordance with generally
accepted industry standards.
| ||||||
6 | Upon completion of the technical submissions and cost | ||||||
7 | submissions evaluation,
the Commission may award the | ||||||
8 | design-build contract to the
highest
overall ranked entity.
| ||||||
9 | (d) (Blank). This Section is repealed on June 1, 2018; | ||||||
10 | provided that any design-build contracts entered into before | ||||||
11 | such date or any procurement of a project under this Act | ||||||
12 | commenced before such date, and the contracts resulting from | ||||||
13 | those procurements, shall remain effective.
| ||||||
14 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
15 | (50 ILCS 20/20.10)
| ||||||
16 | (Section scheduled to be repealed on June 1, 2018) | ||||||
17 | Sec. 20.10. Small design-build projects. In any case where | ||||||
18 | the total overall cost of the
project is estimated to be less | ||||||
19 | than $12,000,000, the Commission
may combine
the two-phase | ||||||
20 | procedure for design-build selection described in Section 20.5 | ||||||
21 | into one combined
step, provided that all the requirements of | ||||||
22 | evaluation are performed in
accordance with Section 20.5. | ||||||
23 | This Section is repealed on June 1, 2018; provided that any | ||||||
24 | design-build contracts entered into before such date or any | ||||||
25 | procurement of a project under this Act commenced before such |
| |||||||
| |||||||
1 | date, and the contracts resulting from those procurements, | ||||||
2 | shall remain effective.
| ||||||
3 | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, | ||||||
4 | eff. 1-7-14.)
| ||||||
5 | (50 ILCS 20/20.15)
| ||||||
6 | (Section scheduled to be repealed on June 1, 2018) | ||||||
7 | Sec. 20.15. Submission of design-build proposals. | ||||||
8 | Design-build proposals must be properly identified
and sealed. | ||||||
9 | Proposals may not be reviewed until after the deadline for
| ||||||
10 | submission has passed as set forth in the request for | ||||||
11 | proposals. All
design-build entities submitting proposals | ||||||
12 | shall be disclosed after the
deadline
for submission, and all | ||||||
13 | design-build entities who are selected for Phase II
evaluation | ||||||
14 | shall also be disclosed at the time of that determination. | ||||||
15 | Phase II design-build proposals shall include a bid bond in | ||||||
16 | the form and security as designated in
the request for | ||||||
17 | proposals. Proposals shall also contain a separate sealed
| ||||||
18 | envelope with the cost information within the overall proposal | ||||||
19 | submission.
Proposals shall include a list of all design | ||||||
20 | professionals and other entities
to which any work identified | ||||||
21 | in Section 30-30 of the Illinois Procurement Code as a | ||||||
22 | subdivision of construction work may be subcontracted during | ||||||
23 | the performance of the contract.
| ||||||
24 | Proposals must meet all material requirements of the | ||||||
25 | request for proposal or
they may be rejected as non-responsive. |
| |||||||
| |||||||
1 | The Commission shall
have the right
to reject any and all | ||||||
2 | proposals.
| ||||||
3 | The drawings and specifications of any unsuccessful | ||||||
4 | design-build proposal shall remain the property of
the | ||||||
5 | design-build entity.
| ||||||
6 | The Commission shall review the proposals for compliance | ||||||
7 | with
the
performance criteria and evaluation factors.
| ||||||
8 | Proposals may be withdrawn prior to the due date and time | ||||||
9 | for submissions for any cause. After
evaluation begins by the | ||||||
10 | Commission, clear and convincing
evidence of error
is required | ||||||
11 | for withdrawal.
| ||||||
12 | This Section is repealed on June 1, 2018; provided that any | ||||||
13 | design-build contracts entered into before such date or any | ||||||
14 | procurement of a project under this Act commenced before such | ||||||
15 | date, and the contracts resulting from those procurements, | ||||||
16 | shall remain effective.
| ||||||
17 | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, | ||||||
18 | eff. 1-7-14.)
| ||||||
19 | (50 ILCS 20/20.20)
| ||||||
20 | (Section scheduled to be repealed on June 1, 2018) | ||||||
21 | Sec. 20.20. Design-build award. The Commission may award a | ||||||
22 | design-build contract to
the highest
overall ranked entity. | ||||||
23 | Notice of award shall be made in writing. Unsuccessful
entities | ||||||
24 | shall also be notified in writing. The Commission may
not | ||||||
25 | request a
best and final offer after the receipt of proposals. |
| |||||||
| |||||||
1 | The Commission may
negotiate with the selected design-build | ||||||
2 | entity after award but prior to
contract
execution for the | ||||||
3 | purpose of securing better terms than originally proposed,
| ||||||
4 | provided that the salient features of the request for proposal | ||||||
5 | are not
diminished. | ||||||
6 | This Section is repealed on June 1, 2018; provided that any | ||||||
7 | design-build contracts entered into before such date or any | ||||||
8 | procurement of a project under this Act commenced before such | ||||||
9 | date, and the contracts resulting from those procurements, | ||||||
10 | shall remain effective.
| ||||||
11 | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, | ||||||
12 | eff. 1-7-14.)
| ||||||
13 | (50 ILCS 20/20.25)
| ||||||
14 | (Section scheduled to be repealed on June 1, 2018) | ||||||
15 | Sec. 20.25. Minority and female owned enterprises; total | ||||||
16 | construction budget. | ||||||
17 | (a) Each year, within 60 days following the end of a | ||||||
18 | commission's fiscal year, the commission shall provide a report | ||||||
19 | to the General Assembly addressing the utilization of minority | ||||||
20 | and female owned business enterprises on design-build | ||||||
21 | projects. | ||||||
22 | (b) The payments for design-build projects by any | ||||||
23 | commission in one fiscal year shall not exceed 50% of the | ||||||
24 | moneys spent on construction projects during the same fiscal | ||||||
25 | year. |
| |||||||
| |||||||
1 | (c) (Blank). This Section is repealed on June 1, 2018; | ||||||
2 | provided that any design-build contracts entered into before | ||||||
3 | such date or any procurement of a project under this Act | ||||||
4 | commenced before such date, and the contracts resulting from | ||||||
5 | those procurements, shall remain effective.
| ||||||
6 | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, | ||||||
7 | eff. 1-7-14.)
| ||||||
8 | (50 ILCS 20/23.5) | ||||||
9 | Sec. 23.5. Continuation of Sections 2.5, 20.3, 20.4, 20.5, | ||||||
10 | 20.10, 20.15, 20.20, and 20.25 of this Act; validation. | ||||||
11 | (a) The General Assembly finds and declares that: | ||||||
12 | (1) When Public Act 95-595 (effective June 1, 2008) | ||||||
13 | amended the Public Building Commission Act, it provided | ||||||
14 | repeal dates for Sections 2.5, 20.3, 20.4, 20.5, 20.10, | ||||||
15 | 20.15, 20.20, and 20.25 of this Act of 5 years after the | ||||||
16 | effective date of Public Act 95-595 (June 1, 2013). | ||||||
17 | (2) Senate Bill 2233 of the 98th General Assembly | ||||||
18 | contained provisions that would have changed the repeal | ||||||
19 | dates of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, | ||||||
20 | 20.20, and 20.25 of this Act from 5 years after the | ||||||
21 | effective date of Public Act 95-595 to June 1, 2018. Senate | ||||||
22 | Bill 2233 passed both houses on May 31, 2013. Senate Bill | ||||||
23 | 2233 provided that it took effect upon becoming law. Senate | ||||||
24 | Bill 2233 was sent to the Governor on June 10, 2013. Senate | ||||||
25 | Bill 2233 was approved by the Governor on August 9, 2013. |
| |||||||
| |||||||
1 | Senate Bill 2233 became Public Act 98-299. | ||||||
2 | (3) The Statute on Statutes sets forth general rules on
| ||||||
3 | the repeal of statutes and the construction of multiple
| ||||||
4 | amendments, but Section 1 of that Act also states that
| ||||||
5 | these rules will not be observed when the result would be
| ||||||
6 | "inconsistent with the manifest intent of the General
| ||||||
7 | Assembly or repugnant to the context of the statute". | ||||||
8 | (4) The actions of the General Assembly
clearly | ||||||
9 | manifest the intention of the General Assembly to extend
| ||||||
10 | the repeal of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, | ||||||
11 | 20.20, and 20.25 of this Act and have those Sections
| ||||||
12 | continue in effect until June 1, 2018 . | ||||||
13 | (5) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, | ||||||
14 | 20.20, and 20.25 of this Act were
originally enacted to | ||||||
15 | protect, promote, and preserve the
general welfare. Any | ||||||
16 | construction of this Act that results
in the repeal of | ||||||
17 | those Sections on June 1, 2013 would be
inconsistent with | ||||||
18 | the manifest intent of the General
Assembly and repugnant | ||||||
19 | to the context of this Act. | ||||||
20 | (b) It is hereby declared to have been the intent of the
| ||||||
21 | General Assembly, in enacting Public Act 98-299, that Sections | ||||||
22 | 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this | ||||||
23 | Act be changed to make June 1, 2018 the repeal date of Sections | ||||||
24 | 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this | ||||||
25 | Act, and that Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, | ||||||
26 | 20.20, and 20.25 of this Act therefore not be subject to repeal |
| |||||||
| |||||||
1 | on June 1, 2013. | ||||||
2 | (c) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, | ||||||
3 | and 20.25 of this Act shall be
deemed to have been in | ||||||
4 | continuous effect since June 1, 2008
(the effective date of | ||||||
5 | Public Act 95-595), and shall
continue to be in effect | ||||||
6 | henceforward until June 1, 2018, unless they are otherwise
| ||||||
7 | lawfully repealed . All previously enacted amendments to this | ||||||
8 | Act
taking effect on or after June 1, 2013 are hereby
| ||||||
9 | validated. | ||||||
10 | (d) All actions taken in reliance on or pursuant to | ||||||
11 | Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 | ||||||
12 | of this Act by the Public Building Commission or any other | ||||||
13 | person or entity are hereby validated. | ||||||
14 | (e) In order to ensure the continuing effectiveness of | ||||||
15 | Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 | ||||||
16 | of this Act, those Sections are set forth in
full and reenacted | ||||||
17 | by this amendatory Act of the 98th General
Assembly. This | ||||||
18 | reenactment is intended as a continuation of
those Sections. It | ||||||
19 | is not intended to supersede any amendment to the
Act that is | ||||||
20 | enacted by the 98th General Assembly. | ||||||
21 | (f) In this amendatory Act of the 98th General Assembly, | ||||||
22 | the base text of the reenacted Sections is set forth as amended | ||||||
23 | by Public Act 98-299. Striking and underscoring is used only to | ||||||
24 | show changes being made to the base text. In this instance, no | ||||||
25 | underscoring or striking is shown in the base text because no | ||||||
26 | additional changes are being made. |
| |||||||
| |||||||
1 | (g) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, | ||||||
2 | and 20.25 of this Act apply
to all claims, civil actions, and | ||||||
3 | proceedings pending on or
filed on or before the effective date | ||||||
4 | of this amendatory Act of the 98th General Assembly.
| ||||||
5 | (Source: P.A. 98-619, eff. 1-7-14.)
|