|
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3132 Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
| 30 ILCS 537/5 | | 30 ILCS 537/10 | | 30 ILCS 537/90 | |
|
Amends the Design-Build
Procurement Act. Provides that the Act also applies to the Department of Transportation. Extends the repeal of the Act to July 1, 2018 (instead of July 1, 2014). Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | HB3132 | | LRB098 08752 HLH 38877 b |
|
|
1 | | AN ACT concerning finance.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Design-Build
Procurement Act is amended by |
5 | | changing Sections 5, 10, and 90 as follows: |
6 | | (30 ILCS 537/5) |
7 | | (Section scheduled to be repealed on July 1, 2014)
|
8 | | Sec. 5. Legislative policy. It is the intent of the |
9 | | General Assembly
that
the Capital Development Board and the |
10 | | Department of Transportation be allowed to use the design-build |
11 | | delivery method
for public
projects if it is shown to be in the |
12 | | State's best interest for that particular
project. It shall be |
13 | | the policy of the Capital Development Board and the Department |
14 | | of Transportation in the
procurement of
design-build services |
15 | | to publicly announce all requirements for design-build
|
16 | | services and to procure these services on the basis of |
17 | | demonstrated competence
and qualifications and with due regard |
18 | | for the principles of competitive
selection.
|
19 | | The Capital Development Board and the Department of |
20 | | Transportation shall, prior to issuing requests for proposals,
|
21 | | promulgate
and publish procedures for the solicitation and |
22 | | award of contracts pursuant to
this Act.
|
23 | | The Capital Development Board and the Department of |
|
| | HB3132 | - 2 - | LRB098 08752 HLH 38877 b |
|
|
1 | | Transportation shall, for each public project or projects
|
2 | | permitted under
this Act, make a written determination, |
3 | | including a description as to the
particular advantages of the |
4 | | design-build procurement method, that it is in the
best |
5 | | interests of this State to enter into a design-build contract |
6 | | for the
project or projects. In making that determination, the |
7 | | following factors shall
be considered:
|
8 | | (1) The probability that the design-build procurement |
9 | | method will be in
the best interests of the State by |
10 | | providing a material savings of time or
cost over the |
11 | | design-bid-build or other delivery system.
|
12 | | (2) The type and size of the project and its |
13 | | suitability to the
design-build procurement method.
|
14 | | (3) The ability of the State construction agency to |
15 | | define and provide
comprehensive
scope and performance |
16 | | criteria for the project.
|
17 | | No State construction agency may use a design-build |
18 | | procurement method unless the agency determines in writing that |
19 | | the project will comply with the disadvantaged business and |
20 | | equal employment practices of the State as established in the |
21 | | Business Enterprise for Minorities, Females, and Persons with |
22 | | Disabilities Act and Section 2-105 of the Illinois Human Rights |
23 | | Act.
|
24 | | The Capital Development Board and the Department of |
25 | | Transportation shall within 15 days after the initial
|
26 | | determination provide an advisory copy to the Procurement |
|
| | HB3132 | - 3 - | LRB098 08752 HLH 38877 b |
|
|
1 | | Policy Board and
maintain the full record of determination for |
2 | | 5 years.
|
3 | | (Source: P.A. 94-716, eff. 12-13-05 .) |
4 | | (30 ILCS 537/10) |
5 | | (Section scheduled to be repealed on July 1, 2014)
|
6 | | Sec. 10. Definitions. As used in this Act:
|
7 | | "State construction agency" means the Capital Development |
8 | | Board or the Department of Transportation .
|
9 | | "Delivery system" means the design and construction |
10 | | approach used to develop
and construct a project.
|
11 | | "Design-bid-build" means the traditional delivery system |
12 | | used on public
projects in this State that incorporates the |
13 | | Architectural, Engineering, and
Land Surveying Qualification |
14 | | Based Selection Act (30 ILCS 535/) and the
principles of |
15 | | competitive selection in the Illinois Procurement Code (30 ILCS
|
16 | | 500/).
|
17 | | "Design-build" means a delivery system that provides |
18 | | responsibility within a
single contract for the furnishing of |
19 | | architecture, engineering, land surveying
and related services |
20 | | as required, and the labor, materials, equipment, and
other |
21 | | construction services for the project.
|
22 | | "Design-build contract" means a contract for a public |
23 | | project under this Act
between the State construction agency |
24 | | and a design-build entity to furnish
architecture,
|
25 | | engineering, land surveying, and related services as required, |
|
| | HB3132 | - 4 - | LRB098 08752 HLH 38877 b |
|
|
1 | | and to furnish
the labor, materials, equipment, and other |
2 | | construction services for the
project. The design-build |
3 | | contract may be conditioned upon subsequent
refinements in |
4 | | scope and price and may allow the State construction agency to
|
5 | | make
modifications in the project scope without invalidating |
6 | | the design-build
contract.
|
7 | | "Design-build entity" means any individual, sole |
8 | | proprietorship, firm,
partnership, joint venture, corporation, |
9 | | professional corporation, or other
entity that proposes to |
10 | | design and construct any public project under this Act.
A |
11 | | design-build entity and associated design-build professionals |
12 | | shall conduct themselves in accordance with the laws of this |
13 | | State and the related provisions of the Illinois Administrative |
14 | | Code, as referenced by the licensed design professionals Acts |
15 | | of this State.
|
16 | | "Design professional" means any individual, sole |
17 | | proprietorship, firm,
partnership, joint venture, corporation, |
18 | | professional corporation, or other
entity that offers services |
19 | | under the Illinois Architecture Practice Act of
1989 (225 ILCS |
20 | | 305/), the Professional Engineering Practice Act of 1989 (225
|
21 | | ILCS 325/),
the Structural Engineering Licensing Act of 1989 |
22 | | (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act |
23 | | of 1989 (225 ILCS 330/).
|
24 | | "Evaluation criteria" means the requirements for the |
25 | | separate phases of the
selection process as defined in this Act |
26 | | and may include the specialized
experience, technical |
|
| | HB3132 | - 5 - | LRB098 08752 HLH 38877 b |
|
|
1 | | qualifications and competence, capacity to perform, past
|
2 | | performance, experience with similar projects, assignment of |
3 | | personnel to the
project, and other appropriate factors. Price |
4 | | may not be used as a factor in
the evaluation of Phase I |
5 | | proposals.
|
6 | | "Proposal" means the offer to enter into a design-build |
7 | | contract as submitted
by a design-build entity in accordance |
8 | | with this Act.
|
9 | | "Request for proposal" means the document used by the State |
10 | | construction agency
to solicit
proposals for a design-build |
11 | | contract.
|
12 | | "Scope and performance criteria" means the requirements |
13 | | for the public
project, including but not limited to, the |
14 | | intended usage, capacity, size,
scope, quality and performance |
15 | | standards, life-cycle costs, and other
programmatic criteria |
16 | | that are expressed in performance-oriented and
quantifiable |
17 | | specifications and drawings that can be reasonably inferred and
|
18 | | are suited to allow a design-build entity to develop a |
19 | | proposal.
|
20 | | (Source: P.A. 94-716, eff. 12-13-05 .) |
21 | | (30 ILCS 537/90) |
22 | | (Section scheduled to be repealed on July 1, 2014)
|
23 | | Sec. 90. Repealer. This Act is repealed on July 1, 2018 |
24 | | July 1, 2014 .
|
25 | | (Source: P.A. 96-21, eff. 6-30-09.)
|