SB2049ham001 94TH GENERAL ASSEMBLY

Local Government Committee

Filed: 4/26/2006

09400SB2049ham001 LRB094 09144 RCE 58524 a

AMENDMENT TO SENATE BILL 2049

AMENDMENT NO. ______. Amend Senate Bill 2049 by replacing everything after the enacting clause with the following:

"Section 5. The Public Building Commission Act is amended by changing Section 20 and by adding Section 20.1 as follows:

(50 ILCS 20/20) (from Ch. 85, par. 1050)

Sec. 20. Contracts let to lowest responsible bidder; competitive bidding; advertisement for bids; design-build contracts. All contracts to be let for the construction, alteration, improvement, repair, enlargement, demolition or removal of any buildings or other facilities, or for materials or supplies to be furnished, where the amount thereof is in excess of $5,000, shall be let to the lowest responsible bidder, or bidders, except in the case of an offeror for a design-build contract, on open competitive bidding after public advertisement published at least once in each week for three consecutive weeks prior to the opening of bids, in a daily newspaper of general circulation in the county where the commission is located. Nothing contained in this Section shall be construed to prohibit the Board of Commissioners from placing additional advertisements in recognized trade journals. Advertisements for bids shall describe the character of the proposed contract in sufficient detail to enable the bidders or offerors thereon to know what their obligation will be, either in the advertisement itself, or by reference to detailed plans and specifications, or a design-build scope of work statement that includes criteria and preliminary design, budget parameters or guaranteed maximum price, schedule, and delivery requirements, on file in the office of the Public Building Commission at the time of the publication of the first announcement. Such advertisement shall also state the date, time, and place assigned for the opening of bids or offers. No and no bids or offers shall be received at any time subsequent to the time indicated in said advertisement. The Board of Commissioners may reject any and all bids or offers received and readvertise for bids or offers. All bids shall be open to public inspection in the office of the Public Building Commission for a period of at least forty-eight (48) hours before award is made. The successful bidder or offeror for such work shall enter into contracts furnished and prescribed by the Board of Commissioners and in addition to any other bonds required under this Act the successful bidder shall execute and give bond, payable to and to be approved by the Commission, with a corporate surety authorized to do business under the laws of the State of Illinois, in an amount to be determined by the Board of Commissioners, conditioned upon the payment of all labor furnished and materials supplied in the prosecution of the contracted work. If the bidder or offeror whose bid has been accepted shall neglect or refuse to accept the contract within five (5) days after written notice that the same has been awarded to him, or if he accepts but does not execute the contract and give the proper security, the Commission may accept the next lowest bidder or offeror, or readvertise and relet in manner above provided. In case any work shall be abandoned by any contractor or design-builder, the Commission may, if the best interests of the Commission be thereby served, adopt on behalf of the Commission all subcontracts made by such contractor or design-builder for such work and all such sub-contractors shall be bound by such adoption if made; and the Commission shall, in the manner provided herein, readvertise and relet the work specified in the original contract exclusive of so much thereof as shall be accepted. Every contract when made and entered into, as herein provided for, shall be executed in duplicate, one copy of which shall be held by the Commission, and filed in its records, and one copy of which shall be given to the contractor or design-builder.

(Source: P.A. 84-249.)

(50 ILCS 20/20.1 new)

Sec. 20.1. Design-build; criteria and evaluation factors. Notwithstanding any provision to the contrary in Section 20 of this Act, any contract with a design-build company or firm to furnish the architectural or engineering and related design services as well as labor, material, and construction services for a building or improvement shall be let based upon criteria and evaluation factors determined by the Commission, which may include, without limitation, specialized experience and technical competence, capability to perform, past performance of the offeror's team, and other appropriate technical and qualifications factors.".