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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 3 and 20 and by adding Sections 2.5, 20.3, | ||||||
6 | 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 as follows: | ||||||
7 | (50 ILCS 20/2.5 new)
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8 | Sec. 2.5. Legislative policy; conditions for use of | ||||||
9 | design-build. It is the intent of the General Assembly that a | ||||||
10 | commission be allowed to use the design-build delivery method | ||||||
11 | for public projects if
it is shown to be in the commission's | ||||||
12 | best interest for that particular project. | ||||||
13 | It shall be the policy of the commission in the procurement | ||||||
14 | of design-build services to publicly announce all requirements | ||||||
15 | for design-build services and to procure these services on the | ||||||
16 | basis of demonstrated competence and qualifications and with | ||||||
17 | due regard for the principles of competitive selection. | ||||||
18 | The commission shall, prior to issuing requests for | ||||||
19 | proposals, promulgate and publish procedures for the | ||||||
20 | solicitation and award of contracts pursuant to this Act. | ||||||
21 | The commission shall, for each public project or projects | ||||||
22 | permitted under this Act, make a written determination, | ||||||
23 | including a description as to the particular
advantages of the |
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1 | design-build procurement method, that it is in the best | ||||||
2 | interests of the commission to enter into a design-build | ||||||
3 | contract for the project or projects. | ||||||
4 | In making that determination, the following factors shall | ||||||
5 | be considered: | ||||||
6 | (1) The probability that the design-build procurement | ||||||
7 | method will be in the best interests of the commission by | ||||||
8 | providing a material savings of time or cost over the | ||||||
9 | design-bid-build or other delivery system. | ||||||
10 | (2) The type and size of the project and its | ||||||
11 | suitability to the design-build procurement method. | ||||||
12 | (3) The ability of the design-build entity to define | ||||||
13 | and provide comprehensive scope and performance criteria | ||||||
14 | for the project. | ||||||
15 | The commission shall require the design-build entity to | ||||||
16 | comply with the utilization goals established by the corporate | ||||||
17 | authorities of the commission for minority and women business | ||||||
18 | enterprises and to comply with Section 2-105 of the Illinois | ||||||
19 | Human Rights Act. | ||||||
20 | This Section is repealed 5 years after the effective date | ||||||
21 | of this amendatory Act of the 95th General Assembly.
| ||||||
22 | (50 ILCS 20/3) (from Ch. 85, par. 1033)
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23 | Sec. 3. The following terms, wherever used, or referred to | ||||||
24 | in this Act,
mean unless the context clearly requires a | ||||||
25 | different meaning:
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1 | (a) "Commission" means a Public Building Commission | ||||||
2 | created pursuant to
this Act.
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3 | (b) "Commissioner" or "Commissioners" means a Commissioner | ||||||
4 | or
Commissioners of a Public Building Commission.
| ||||||
5 | (c) "County seat" means a city, village or town which is | ||||||
6 | the county seat
of a county.
| ||||||
7 | (d) "Municipality" means any city, village or incorporated | ||||||
8 | town of the
State of Illinois.
| ||||||
9 | (e) "Municipal corporation" includes a county, city, | ||||||
10 | village, town,
(including a county seat), park district,
school | ||||||
11 | district in a county of 3,000,000 or more population, board of
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12 | education of a school district in a county of 3,000,000 or more | ||||||
13 | population,
sanitary district,
airport authority contiguous | ||||||
14 | with the County
Seat as of July 1, 1969 and any other municipal | ||||||
15 | body or governmental agency
of the State, and until July 1, | ||||||
16 | 2011, a school district that (i) was organized prior to 1860, | ||||||
17 | (ii) is located in part in a city originally incorporated prior | ||||||
18 | to 1840, and (iii) entered into a lease with a Commission prior | ||||||
19 | to 1993, and its board of education, but does not include a | ||||||
20 | school district in a county of less
than 3,000,000 population, | ||||||
21 | a board of education of a school district in a
county of less | ||||||
22 | than 3,000,000 population, or a community college district in
a | ||||||
23 | county of less than 3,000,000 population, except that until | ||||||
24 | July 1, 2011, a school district that (i) was organized prior to | ||||||
25 | 1860, (ii) is located in part in a city originally incorporated | ||||||
26 | prior to 1840, and (iii) entered into a lease with a Commission |
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1 | prior to 1993, and its board of education, are included.
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2 | (f) "Governing body" includes a city council, county board, | ||||||
3 | or any other
body or board, by whatever name it may be known, | ||||||
4 | charged with the governing
of a municipal corporation.
| ||||||
5 | (g) "Presiding officer" includes the mayor or president of | ||||||
6 | a city,
village or town, the presiding officer of a county | ||||||
7 | board, or the presiding
officer of any other board or | ||||||
8 | commission, as the case may be.
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9 | (h) "Oath" means oath or affirmation.
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10 | (i) "Building" means an improvement to real estate to be | ||||||
11 | made available
for use by a municipal corporation for the | ||||||
12 | furnishing of governmental
services to its citizens, together | ||||||
13 | with any land or interest in land
necessary or useful in | ||||||
14 | connection with the improvement.
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15 | (j) "Delivery system" means the design and construction | ||||||
16 | approach used to develop
and construct a project.
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17 | (k) "Design-bid-build" means the traditional delivery | ||||||
18 | system used on public
projects that incorporates the Local | ||||||
19 | Government Professional Services Selection Act (50 ILCS 510/) | ||||||
20 | and the
principles of competitive selection.
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21 | (l) "Design-build" means a delivery system that provides | ||||||
22 | responsibility within a
single contract for the furnishing of | ||||||
23 | architecture, engineering, land surveying
and related services | ||||||
24 | as required, and the labor, materials, equipment, and
other | ||||||
25 | construction services for the project.
| ||||||
26 | (m) "Design-build contract" means a contract for a public |
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1 | project under this Act
between the Commission and a | ||||||
2 | design-build entity to furnish
architecture,
engineering, land | ||||||
3 | surveying, and related services as required, and to furnish
the | ||||||
4 | labor, materials, equipment, and other construction services | ||||||
5 | for the
project. The design-build contract may be conditioned | ||||||
6 | upon subsequent
refinements in scope and price and may allow | ||||||
7 | the Commission to
make
modifications in the project scope | ||||||
8 | without invalidating the design-build
contract.
| ||||||
9 | (n) "Design-build entity" means any individual, sole | ||||||
10 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
11 | professional corporation, or other
entity that proposes to | ||||||
12 | design and construct any public project under this Act.
A | ||||||
13 | design-build entity and associated design-build professionals | ||||||
14 | shall conduct themselves in accordance with the laws of this | ||||||
15 | State and the related provisions of the Illinois Administrative | ||||||
16 | Code, as referenced by the licensed design professionals Acts | ||||||
17 | of this State.
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18 | (o) "Design professional" means any individual, sole | ||||||
19 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
20 | professional corporation, or other
entity that offers services | ||||||
21 | under the Illinois Architecture Practice Act of
1989 (225 ILCS | ||||||
22 | 305/), the Professional Engineering Practice Act of 1989 (225
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23 | ILCS 325/),
the Structural Engineering Licensing Act of 1989 | ||||||
24 | (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | ||||||
25 | of 1989 (225 ILCS 330/).
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26 | (p) "Evaluation criteria" means the requirements for the |
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1 | separate phases of the
selection process for design-build | ||||||
2 | proposals as defined in this Act and may include the | ||||||
3 | specialized
experience, technical qualifications and | ||||||
4 | competence, capacity to perform, past
performance, experience | ||||||
5 | with similar projects, assignment of personnel to the
project, | ||||||
6 | and other appropriate factors. Price may not be used as a | ||||||
7 | factor in
the evaluation of Phase I proposals.
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8 | (q) "Proposal" means the offer to enter into a design-build | ||||||
9 | contract as submitted
by a design-build entity in accordance | ||||||
10 | with this Act.
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11 | (r) "Request for proposal" means the document used by the | ||||||
12 | Commission
to solicit
proposals for a design-build contract.
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13 | (s) "Scope and performance criteria" means the | ||||||
14 | requirements for the public
project, including but not limited | ||||||
15 | to, the intended usage, capacity, size,
scope, quality and | ||||||
16 | performance standards, life-cycle costs, and other
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17 | programmatic criteria that are expressed in | ||||||
18 | performance-oriented and
quantifiable specifications and | ||||||
19 | drawings that can be reasonably inferred and
are suited to | ||||||
20 | allow a design-build entity to develop a proposal.
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21 | (t) "Guaranteed maximum price" means a form of contract in | ||||||
22 | which compensation may vary according to the scope of work | ||||||
23 | involved but in any case may not exceed an agreed total amount.
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24 | Definitions in this Section with respect to design-build | ||||||
25 | shall have no effect beginning 5 years after the effective date | ||||||
26 | of this amendatory Act of the 95th General Assembly.
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1 | (Source: P.A. 94-1071, eff. 1-1-07.)
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2 | (50 ILCS 20/20) (from Ch. 85, par. 1050)
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3 | Sec. 20. Contracts let to lowest responsible bidder; | ||||||
4 | competitive bidding; advertisement for bids; design-build | ||||||
5 | contracts.
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6 | (a) All contracts to be let for the construction, | ||||||
7 | alteration,
improvement, repair, enlargement, demolition or | ||||||
8 | removal of any buildings or
other facilities, or for materials | ||||||
9 | or supplies to be furnished, where the
amount thereof is in | ||||||
10 | excess of $5,000, shall be awarded as a design-build contract | ||||||
11 | in accordance with Sections 20.3 through 20.20 or shall be let | ||||||
12 | to the lowest
responsible bidder, or bidders on open | ||||||
13 | competitive bidding . , | ||||||
14 | (b) A contract awarded on the basis of competitive bidding | ||||||
15 | shall be awarded after public
advertisement published at least | ||||||
16 | once in each week for three consecutive
weeks prior to the | ||||||
17 | opening of bids, in a daily newspaper of general
circulation in | ||||||
18 | the county where the commission is located. Nothing
contained | ||||||
19 | in this Section shall be construed to prohibit the Board of
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20 | Commissioners from placing additional advertisements in | ||||||
21 | recognized trade
journals. Advertisements for bids shall | ||||||
22 | describe the character of the
proposed contract in sufficient | ||||||
23 | detail to enable the bidders thereon to
know what their | ||||||
24 | obligation will be, either in the advertisement itself, or
by | ||||||
25 | reference to detailed plans and specifications on file in the |
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1 | office of
the Public Building Commission at the time of the | ||||||
2 | publication of the first
announcement. Such advertisement | ||||||
3 | shall also state the date, time, and place
assigned for the | ||||||
4 | opening of bids . No
and no bids shall be received at any time
| ||||||
5 | subsequent to the time indicated in said advertisement. | ||||||
6 | (c) In addition to the requirements of Section 20.3, the | ||||||
7 | Commission shall advertise a design-build solicitation at | ||||||
8 | least once in a daily newspaper of general circulation in the | ||||||
9 | county where the Commission is located. The date that Phase I | ||||||
10 | submissions by design-build entities are due must be at least | ||||||
11 | 14 calendar days after the date the newspaper advertisement for | ||||||
12 | design-build proposals is first published. The advertisement | ||||||
13 | shall identify the design-build project, the due date, the | ||||||
14 | place and time for Phase I submissions, and the place where | ||||||
15 | proposers can obtain a complete copy of the request for | ||||||
16 | design-build proposals, including the criteria for evaluation | ||||||
17 | and the scope and performance criteria. The Commission is not | ||||||
18 | precluded from using other media or from placing advertisements | ||||||
19 | in addition to the one required under this subsection. | ||||||
20 | (d) The Board of
Commissioners may reject any and all bids | ||||||
21 | and proposals received and may readvertise for
bids or issue a | ||||||
22 | new request for design-build proposals . | ||||||
23 | (e) All bids shall be open to public inspection in the | ||||||
24 | office of the
Public Building Commission for a period of at | ||||||
25 | least forty-eight (48) hours
before award is made. The | ||||||
26 | successful bidder for such work shall enter into
contracts |
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1 | furnished and prescribed by the Board of Commissioners and in
| ||||||
2 | addition to any other bonds required under this Act the | ||||||
3 | successful bidder
shall execute and give bond, payable to and | ||||||
4 | to be approved by the
Commission, with a corporate surety | ||||||
5 | authorized to do business under the
laws of the State of | ||||||
6 | Illinois, in an amount to be determined by the Board
of | ||||||
7 | Commissioners, conditioned upon the payment of all labor | ||||||
8 | furnished and
materials supplied in the prosecution of the | ||||||
9 | contracted work. If the bidder
whose bid has been accepted | ||||||
10 | shall neglect or refuse to accept the contract
within five (5) | ||||||
11 | days after written notice that the same has been awarded to
| ||||||
12 | him, or if he accepts but does not execute the contract and | ||||||
13 | give the proper
security, the Commission may accept the next | ||||||
14 | lowest bidder, or readvertise
and relet in manner above | ||||||
15 | provided. | ||||||
16 | (f) In case any work shall be abandoned by
any contractor | ||||||
17 | or design-build entity, the Commission may, if the best | ||||||
18 | interests of the Commission
be thereby served, adopt on behalf | ||||||
19 | of the Commission all subcontracts made
by such contractor or | ||||||
20 | design-build entity for such work and all such sub-contractors | ||||||
21 | shall be
bound by such adoption if made; and the Commission | ||||||
22 | shall, in the manner
provided in this Act
herein , readvertise | ||||||
23 | and relet , or request proposals and award design-build | ||||||
24 | contracts for, the work specified in the original
contract | ||||||
25 | exclusive of so much thereof as shall be accepted. Every | ||||||
26 | contract
when made and entered into, as herein provided in this |
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1 | Section or Section 20.20
for , shall be executed in
duplicate, | ||||||
2 | one copy of which shall be held by the Commission, and filed
in
| ||||||
3 | its records, and one copy of which shall be given to the | ||||||
4 | contractor or design-build entity .
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5 | (g) The provisions of this Section with respect to | ||||||
6 | design-build shall have no effect beginning 5 years after the | ||||||
7 | effective date of this amendatory Act of the 95th General | ||||||
8 | Assembly.
| ||||||
9 | (Source: P.A. 84-249.)
| ||||||
10 | (50 ILCS 20/20.3 new)
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11 | Sec. 20.3. Solicitation of design-build proposals.
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12 | (a) When the Commission elects to use the design-build | ||||||
13 | delivery
method, it must
issue a notice of intent to receive | ||||||
14 | proposals for the project at
least 14 days before issuing the | ||||||
15 | request for the proposal. The Commission
must publish the | ||||||
16 | advance notice in a daily newspaper of general circulation in | ||||||
17 | the county where the Commission is located. The
Commission is | ||||||
18 | encouraged to use publication of the notice in related | ||||||
19 | construction
industry service publications. A brief | ||||||
20 | description of the proposed procurement
must be included in the | ||||||
21 | notice. The Commission must provide a
copy of the
request for | ||||||
22 | proposal to any party requesting a copy.
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23 | (b) The request for proposal shall be prepared for each | ||||||
24 | project and must
contain, without limitation, the following | ||||||
25 | information:
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1 | (1) The name of the Commission.
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2 | (2) A preliminary schedule for the completion of the | ||||||
3 | contract.
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4 | (3) The proposed budget for the project, the source of | ||||||
5 | funds, and the
currently available funds at the time the | ||||||
6 | request for proposal is submitted.
| ||||||
7 | (4) Prequalification criteria for design-build | ||||||
8 | entities wishing to submit
proposals.
The Commission shall | ||||||
9 | include, at a minimum, its normal
prequalification, | ||||||
10 | licensing, registration, and other requirements, but | ||||||
11 | nothing
contained herein precludes the use of additional | ||||||
12 | prequalification criteria
by the Commission.
| ||||||
13 | (5) Material requirements of the contract, including | ||||||
14 | but not limited to,
the proposed terms and conditions, | ||||||
15 | required performance and payment bonds,
insurance, and the | ||||||
16 | entity's plan to comply with the utilization goals | ||||||
17 | established by the corporate authorities of the Commission | ||||||
18 | for minority and women business enterprises and to comply | ||||||
19 | with Section 2-105 of the Illinois Human Rights Act.
| ||||||
20 | (6) The performance criteria.
| ||||||
21 | (7) The evaluation criteria for each phase of the | ||||||
22 | solicitation.
| ||||||
23 | (8) The number of entities that will be considered for | ||||||
24 | the technical and
cost
evaluation phase.
| ||||||
25 | (c) The Commission may include any other relevant | ||||||
26 | information
that it
chooses to supply. The design-build entity |
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1 | shall be entitled to rely upon the
accuracy of this | ||||||
2 | documentation in the development of its proposal.
| ||||||
3 | (d) The date that proposals are due must be at least 21 | ||||||
4 | calendar days after
the date of the issuance of the request for | ||||||
5 | proposal. In the event the cost of
the project
is estimated to | ||||||
6 | exceed $12,000,000, then the proposal due date must be at least
| ||||||
7 | 28 calendar days after the date of the issuance of the request | ||||||
8 | for proposal.
The Commission shall include in the request for | ||||||
9 | proposal a
minimum of 30 days
to develop the Phase II | ||||||
10 | submissions after the selection of entities
from the Phase I | ||||||
11 | evaluation is completed.
| ||||||
12 | (e) This Section is repealed 5 years after the effective | ||||||
13 | date of this amendatory Act of the 95th General Assembly.
| ||||||
14 | (50 ILCS 20/20.4 new)
| ||||||
15 | Sec. 20.4. Development of design-build scope and | ||||||
16 | performance criteria.
| ||||||
17 | (a) The Commission shall develop, with the assistance of a
| ||||||
18 | licensed design professional, a request
for proposal, which | ||||||
19 | shall include scope and performance criteria.
The scope and | ||||||
20 | performance criteria must be in sufficient detail and contain
| ||||||
21 | adequate information to reasonably apprise the qualified | ||||||
22 | design-build entities
of the Commission's overall programmatic | ||||||
23 | needs and goals,
including criteria and preliminary design | ||||||
24 | plans,
general budget parameters, schedule, and delivery | ||||||
25 | requirements.
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1 | (b) Each request for proposal shall also include a | ||||||
2 | description of the level
of design to be provided in the | ||||||
3 | proposals. This description must include the
scope and type of | ||||||
4 | renderings, drawings, and specifications that, at a minimum,
| ||||||
5 | will be required by the Commission to be produced by the
| ||||||
6 | design-build entities.
| ||||||
7 | (c) The scope and performance criteria shall be prepared by | ||||||
8 | a design
professional who is an employee of the Commission, or | ||||||
9 | the Commission may
contract with an independent design | ||||||
10 | professional selected under the
Local Government Professional | ||||||
11 | Services Selection Act (50 ILCS 510/) to provide these | ||||||
12 | services.
| ||||||
13 | (d) The design professional that prepares the scope and | ||||||
14 | performance criteria
is prohibited from participating in any | ||||||
15 | design-build entity proposal for the
project.
| ||||||
16 | (e) This Section is repealed 5 years after the effective | ||||||
17 | date of this amendatory Act of the 95th General Assembly.
| ||||||
18 | (50 ILCS 20/20.5 new) | ||||||
19 | Sec. 20.5. Procedures for design-build selection. | ||||||
20 | (a) The Commission must use a two-phase procedure for the
| ||||||
21 | selection of the
successful design-build entity. Phase I of the | ||||||
22 | procedure will evaluate and
shortlist the design-build | ||||||
23 | entities based on qualifications, and Phase II
will
evaluate | ||||||
24 | the technical and cost proposals. | ||||||
25 | (b) The Commission shall include in the request for |
| |||||||
| |||||||
1 | proposal
the
evaluating factors to be used in Phase I. These | ||||||
2 | factors are in addition to any
prequalification requirements of | ||||||
3 | design-build entities that the Commission has set
forth. Each | ||||||
4 | request for proposal shall establish the relative importance
| ||||||
5 | assigned to each evaluation factor and subfactor, including any | ||||||
6 | weighting of
criteria to be employed by the Commission. The | ||||||
7 | Commission must maintain a
record of the evaluation scoring to | ||||||
8 | be disclosed in event of a protest
regarding the solicitation.
| ||||||
9 | The Commission shall include the following criteria in | ||||||
10 | every
Phase I
evaluation of design-build entities: (1) | ||||||
11 | experience of personnel; (2)
successful
experience with | ||||||
12 | similar project types; (3) financial capability; (4) | ||||||
13 | timeliness
of past performance; (5) experience with similarly | ||||||
14 | sized projects; (6)
successful reference checks of the firm; | ||||||
15 | (7) commitment to assign personnel
for the duration of the | ||||||
16 | project and qualifications of the entity's consultants; and (8) | ||||||
17 | ability or past performance in meeting or exhausting good faith | ||||||
18 | efforts to meet the utilization goals for minority and women | ||||||
19 | business enterprises established by the corporate authorities | ||||||
20 | of the Commission and in complying with Section 2-105 of the | ||||||
21 | Illinois Human Rights Act. The Commission may include any | ||||||
22 | additional relevant criteria in Phase I that it deems necessary | ||||||
23 | for a proper qualification review.
The Commission may include | ||||||
24 | any additional relevant criteria in
Phase I that
it deems | ||||||
25 | necessary for a proper qualification review.
| ||||||
26 | The Commission may not consider any design-build entity for
|
| |||||||
| |||||||
1 | evaluation or
award if the entity has any pecuniary interest in | ||||||
2 | the project or has other
relationships or circumstances, | ||||||
3 | including but not limited to, long-term
leasehold, mutual | ||||||
4 | performance, or development contracts with the Commission,
| ||||||
5 | that may give the design-build entity a financial or tangible | ||||||
6 | advantage over
other design-build entities in the preparation, | ||||||
7 | evaluation, or performance of
the
design-build contract or that | ||||||
8 | create the appearance of impropriety. No design-build proposal | ||||||
9 | shall be considered that does not include an entity's plan to | ||||||
10 | comply with the requirements established in the minority and | ||||||
11 | women business enterprises and economically disadvantaged | ||||||
12 | firms established by the corporate authorities of the | ||||||
13 | Commission and with Section 2-105 of the Illinois Human Rights | ||||||
14 | Act.
| ||||||
15 | Upon completion of the qualifications evaluation, the | ||||||
16 | Commission shall
create a shortlist of the most highly | ||||||
17 | qualified design-build entities. The
Commission, in its | ||||||
18 | discretion, is not required to shortlist the
maximum number of
| ||||||
19 | entities as identified for Phase II evaluation, provided | ||||||
20 | however, no less than
2
design-build entities nor more than 6 | ||||||
21 | are selected to submit Phase II
proposals.
| ||||||
22 | The Commission shall notify the entities selected for the
| ||||||
23 | shortlist in
writing. This notification shall commence the | ||||||
24 | period for the preparation of the
Phase II technical and cost | ||||||
25 | evaluations. The Commission must
allow sufficient
time for the | ||||||
26 | shortlist entities to prepare their Phase II submittals
|
| |||||||
| |||||||
1 | considering
the scope and detail requested by the Commission.
| ||||||
2 | (c) The Commission shall include in the request for | ||||||
3 | proposal
the
evaluating factors to be used in the technical and | ||||||
4 | cost submission components
of Phase II. Each request for | ||||||
5 | proposal shall establish, for both the technical
and cost | ||||||
6 | submission components of Phase II, the relative importance | ||||||
7 | assigned to
each evaluation factor and subfactor, including any | ||||||
8 | weighting of criteria to be
employed by the Commission. The | ||||||
9 | Commission must
maintain a record of the
evaluation scoring to | ||||||
10 | be disclosed in event of a protest regarding the
solicitation.
| ||||||
11 | The Commission shall include the following criteria in | ||||||
12 | every
Phase II
technical evaluation of design-build entities: | ||||||
13 | (1) compliance with objectives
of
the
project; (2) compliance | ||||||
14 | of proposed services to the request for proposal
requirements; | ||||||
15 | (3) quality of products or materials proposed; (4) quality of
| ||||||
16 | design parameters; (5) design concepts; (6) innovation in | ||||||
17 | meeting the scope and
performance criteria; and (7) | ||||||
18 | constructability of the
proposed project. The Commission may | ||||||
19 | include any additional
relevant
technical evaluation factors | ||||||
20 | it deems necessary for proper selection.
| ||||||
21 | The Commission shall include the following criteria in | ||||||
22 | every
Phase II cost
evaluation: the guaranteed maximum project | ||||||
23 | cost and the time of
completion. The Commission may include any | ||||||
24 | additional relevant
technical
evaluation factors it deems | ||||||
25 | necessary for proper selection. The guaranteed maximum project | ||||||
26 | cost criteria weighing factor shall not exceed 30%.
|
| |||||||
| |||||||
1 | The Commission shall directly employ or retain a licensed
| ||||||
2 | design
professional to evaluate the technical and cost | ||||||
3 | submissions to determine if the
technical submissions are in | ||||||
4 | accordance with generally
accepted industry standards.
| ||||||
5 | Upon completion of the technical submissions and cost | ||||||
6 | submissions evaluation,
the Commission may award the | ||||||
7 | design-build contract to the
highest
overall ranked entity.
| ||||||
8 | (d) This Section is repealed 5 years after the effective | ||||||
9 | date of this amendatory Act of the 95th General Assembly.
| ||||||
10 | (50 ILCS 20/20.10 new)
| ||||||
11 | Sec. 20.10. Small design-build projects. In any case where | ||||||
12 | the total overall cost of the
project is estimated to be less | ||||||
13 | than $12,000,000, the Commission
may combine
the two-phase | ||||||
14 | procedure for design-build selection described in Section 20.5 | ||||||
15 | into one combined
step, provided that all the requirements of | ||||||
16 | evaluation are performed in
accordance with Section 20.5. | ||||||
17 | This Section is repealed 5 years after the effective date | ||||||
18 | of this amendatory Act of the 95th General Assembly.
| ||||||
19 | (50 ILCS 20/20.15 new)
| ||||||
20 | Sec. 20.15. Submission of design-build proposals. | ||||||
21 | Design-build proposals must be properly identified
and sealed. | ||||||
22 | Proposals may not be reviewed until after the deadline for
| ||||||
23 | submission has passed as set forth in the request for | ||||||
24 | proposals. All
design-build entities submitting proposals |
| |||||||
| |||||||
1 | shall be disclosed after the
deadline
for submission, and all | ||||||
2 | design-build entities who are selected for Phase II
evaluation | ||||||
3 | shall also be disclosed at the time of that determination. | ||||||
4 | Phase II design-build proposals shall include a bid bond in | ||||||
5 | the form and security as designated in
the request for | ||||||
6 | proposals. Proposals shall also contain a separate sealed
| ||||||
7 | envelope with the cost information within the overall proposal | ||||||
8 | submission.
Proposals shall include a list of all design | ||||||
9 | professionals and other entities
to which any work identified | ||||||
10 | in Section 30-30 of the Illinois Procurement Code as a | ||||||
11 | subdivision of construction work may be subcontracted during | ||||||
12 | the performance of the contract.
| ||||||
13 | Proposals must meet all material requirements of the | ||||||
14 | request for proposal or
they may be rejected as non-responsive. | ||||||
15 | The Commission shall
have the right
to reject any and all | ||||||
16 | proposals.
| ||||||
17 | The drawings and specifications of any unsuccessful | ||||||
18 | design-build proposal shall remain the property of
the | ||||||
19 | design-build entity.
| ||||||
20 | The Commission shall review the proposals for compliance | ||||||
21 | with
the
performance criteria and evaluation factors.
| ||||||
22 | Proposals may be withdrawn prior to the due date and time | ||||||
23 | for submissions for any cause. After
evaluation begins by the | ||||||
24 | Commission, clear and convincing
evidence of error
is required | ||||||
25 | for withdrawal.
| ||||||
26 | This Section is repealed 5 years after the effective date |
| |||||||
| |||||||
1 | of this amendatory Act of the 95th General Assembly.
| ||||||
2 | (50 ILCS 20/20.20 new)
| ||||||
3 | Sec. 20.20. Design-build award. The Commission may award a | ||||||
4 | design-build contract to
the highest
overall ranked entity. | ||||||
5 | Notice of award shall be made in writing. Unsuccessful
entities | ||||||
6 | shall also be notified in writing. The Commission may
not | ||||||
7 | request a
best and final offer after the receipt of proposals. | ||||||
8 | The Commission may
negotiate with the selected design-build | ||||||
9 | entity after award but prior to
contract
execution for the | ||||||
10 | purpose of securing better terms than originally proposed,
| ||||||
11 | provided that the salient features of the request for proposal | ||||||
12 | are not
diminished. | ||||||
13 | This Section is repealed 5 years after the effective date | ||||||
14 | of this amendatory Act of the 95th General Assembly.
| ||||||
15 | (50 ILCS 20/20.25 new)
| ||||||
16 | Sec. 20.25. Minority and female owned enterprises; total | ||||||
17 | construction budget. | ||||||
18 | (a) Each year, within 60 days following the end of a | ||||||
19 | commission's fiscal year, the commission shall provide a report | ||||||
20 | to the General Assembly addressing the utilization of minority | ||||||
21 | and female owned business enterprises on design-build | ||||||
22 | projects. | ||||||
23 | (b) The payments for design-build projects by any | ||||||
24 | commission in one fiscal year shall not exceed 25% of the |
| |||||||
| |||||||
1 | moneys spent on construction projects during the same fiscal | ||||||
2 | year. | ||||||
3 | (c) This Section is repealed 5 years after the effective | ||||||
4 | date of this amendatory Act of the 95th General Assembly.
|