Full Text of SB2233 98th General Assembly
SB2233ham001 98TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 5/7/2013
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| 1 | | AMENDMENT TO SENATE BILL 2233
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2233 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Building Commission Act is amended | 5 | | by changing Sections 2.5, 3, 20, 20.3, 20.4, 20.5, 20.10, | 6 | | 20.15, 20.20, and 20.25 as follows: | 7 | | (50 ILCS 20/2.5)
| 8 | | (Section scheduled to be repealed on June 1, 2013) | 9 | | Sec. 2.5.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 |
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| 1 | | basis of demonstrated competence and qualifications and with | 2 | | due regard for the principles of competitive selection. | 3 | | The commission shall, prior to issuing requests for | 4 | | proposals, promulgate and publish procedures for the | 5 | | solicitation and award of contracts pursuant to this Act. | 6 | | The commission shall, for each public project or projects | 7 | | permitted under this Act, make a written determination, | 8 | | including a description as to the particular
advantages of the | 9 | | design-build procurement method, that it is in the best | 10 | | interests of the commission to enter into a design-build | 11 | | contract for the project or projects. | 12 | | In making that determination, the following factors shall | 13 | | be considered: | 14 | | (1) The probability that the design-build procurement | 15 | | method will be in the best interests of the commission by | 16 | | providing a material savings of time or cost over the | 17 | | design-bid-build or other delivery system. | 18 | | (2) The type and size of the project and its | 19 | | suitability to the design-build procurement method. | 20 | | (3) The ability of the design-build entity to define | 21 | | and provide comprehensive scope and performance criteria | 22 | | for the project. | 23 | | The commission shall require the design-build entity to | 24 | | comply with the utilization goals established by the corporate | 25 | | authorities of the commission for minority and women business | 26 | | enterprises and to comply with Section 2-105 of the Illinois |
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| 1 | | Human Rights Act. | 2 | | This Section is repealed on June 1, 2018; provided that any | 3 | | design-build contracts entered into before such date or any | 4 | | procurement of a project under this Act commenced before such | 5 | | date, and the contracts resulting from those procurements, | 6 | | shall remain effective 5 years after the effective date of this | 7 | | amendatory Act of the 95th General Assembly .
| 8 | | (Source: P.A. 95-595, eff. 6-1-08 .)
| 9 | | (50 ILCS 20/3) (from Ch. 85, par. 1033)
| 10 | | Sec. 3. The following terms, wherever used, or referred to | 11 | | in this Act,
mean unless the context clearly requires a | 12 | | different meaning:
| 13 | | (a) "Commission" means a Public Building Commission | 14 | | created pursuant to
this Act.
| 15 | | (b) "Commissioner" or "Commissioners" means a Commissioner | 16 | | or
Commissioners of a Public Building Commission.
| 17 | | (c) "County seat" means a city, village or town which is | 18 | | the county seat
of a county.
| 19 | | (d) "Municipality" means any city, village or incorporated | 20 | | town of the
State of Illinois.
| 21 | | (e) "Municipal corporation" includes a county, city, | 22 | | village, town,
(including a county seat), park district,
school | 23 | | district in a county of 3,000,000 or more population, board of
| 24 | | education of a school district in a county of 3,000,000 or more | 25 | | population,
sanitary district,
airport authority contiguous |
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| 1 | | with the County
Seat as of July 1, 1969 and any other municipal | 2 | | body or governmental agency
of the State, and until July 1, | 3 | | 2011, a school district that (i) was organized prior to 1860, | 4 | | (ii) is located in part in a city originally incorporated prior | 5 | | to 1840, and (iii) entered into a lease with a Commission prior | 6 | | to 1993, and its board of education, but does not include a | 7 | | school district in a county of less
than 3,000,000 population, | 8 | | a board of education of a school district in a
county of less | 9 | | than 3,000,000 population, or a community college district in
a | 10 | | county of less than 3,000,000 population, except that until | 11 | | July 1, 2011, a school district that (i) was organized prior to | 12 | | 1860, (ii) is located in part in a city originally incorporated | 13 | | prior to 1840, and (iii) entered into a lease with a Commission | 14 | | prior to 1993, and its board of education, are included.
| 15 | | (f) "Governing body" includes a city council, county board, | 16 | | or any other
body or board, by whatever name it may be known, | 17 | | charged with the governing
of a municipal corporation.
| 18 | | (g) "Presiding officer" includes the mayor or president of | 19 | | a city,
village or town, the presiding officer of a county | 20 | | board, or the presiding
officer of any other board or | 21 | | commission, as the case may be.
| 22 | | (h) "Oath" means oath or affirmation.
| 23 | | (i) "Building" means an improvement to real estate to be | 24 | | made available
for use by a municipal corporation for the | 25 | | furnishing of governmental
services to its citizens, together | 26 | | with any land or interest in land
necessary or useful in |
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| 1 | | connection with the improvement.
| 2 | | (j) "Delivery system" means the design and construction | 3 | | approach used to develop
and construct a project.
| 4 | | (k) "Design-bid-build" means the traditional delivery | 5 | | system used on public
projects that incorporates the Local | 6 | | Government Professional Services Selection Act (50 ILCS 510/) | 7 | | and the
principles of competitive selection.
| 8 | | (l) "Design-build" means a delivery system that provides | 9 | | responsibility within a
single contract for the furnishing of | 10 | | architecture, engineering, land surveying
and related services | 11 | | as required, and the labor, materials, equipment, and
other | 12 | | construction services for the project.
| 13 | | (m) "Design-build contract" means a contract for a public | 14 | | project under this Act
between the Commission and a | 15 | | design-build entity to furnish
architecture,
engineering, land | 16 | | surveying, and related services as required, and to furnish
the | 17 | | labor, materials, equipment, and other construction services | 18 | | for the
project. The design-build contract may be conditioned | 19 | | upon subsequent
refinements in scope and price and may allow | 20 | | the Commission to
make
modifications in the project scope | 21 | | without invalidating the design-build
contract.
| 22 | | (n) "Design-build entity" means any individual, sole | 23 | | proprietorship, firm,
partnership, joint venture, corporation, | 24 | | professional corporation, or other
entity that proposes to | 25 | | design and construct any public project under this Act.
A | 26 | | design-build entity and associated design-build professionals |
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| 1 | | shall conduct themselves in accordance with the laws of this | 2 | | State and the related provisions of the Illinois Administrative | 3 | | Code, as referenced by the licensed design professionals Acts | 4 | | of this State.
| 5 | | (o) "Design professional" means any individual, sole | 6 | | proprietorship, firm,
partnership, joint venture, corporation, | 7 | | professional corporation, or other
entity that offers services | 8 | | under the Illinois Architecture Practice Act of
1989 (225 ILCS | 9 | | 305/), the Professional Engineering Practice Act of 1989 (225
| 10 | | ILCS 325/),
the Structural Engineering Licensing Act of 1989 | 11 | | (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | 12 | | of 1989 (225 ILCS 330/).
| 13 | | (p) "Evaluation criteria" means the requirements for the | 14 | | separate phases of the
selection process for design-build | 15 | | proposals as defined in this Act and may include the | 16 | | specialized
experience, technical qualifications and | 17 | | competence, capacity to perform, past
performance, experience | 18 | | with similar projects, assignment of personnel to the
project, | 19 | | and other appropriate factors. Price may not be used as a | 20 | | factor in
the evaluation of Phase I proposals.
| 21 | | (q) "Proposal" means the offer to enter into a design-build | 22 | | contract as submitted
by a design-build entity in accordance | 23 | | with this Act.
| 24 | | (r) "Request for proposal" means the document used by the | 25 | | Commission
to solicit
proposals for a design-build contract.
| 26 | | (s) "Scope and performance criteria" means the |
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| 1 | | requirements for the public
project, including but not limited | 2 | | to, the intended usage, capacity, size,
scope, quality and | 3 | | performance standards, life-cycle costs, and other
| 4 | | programmatic criteria that are expressed in | 5 | | performance-oriented and
quantifiable specifications and | 6 | | drawings that can be reasonably inferred and
are suited to | 7 | | allow a design-build entity to develop a proposal.
| 8 | | (t) "Guaranteed maximum price" means a form of contract in | 9 | | which compensation may vary according to the scope of work | 10 | | involved but in any case may not exceed an agreed total amount.
| 11 | | Definitions in this Section with respect to design-build | 12 | | shall have no effect beginning on June 1, 2018; provided that | 13 | | any 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 5 years after the effective date of this | 17 | | amendatory Act of the 95th General Assembly .
| 18 | | (Source: P.A. 94-1071, eff. 1-1-07; 95-595, eff. 6-1-08 .)
| 19 | | (50 ILCS 20/20) (from Ch. 85, par. 1050)
| 20 | | Sec. 20. Contracts let to lowest responsible bidder; | 21 | | competitive bidding; advertisement for bids; design-build | 22 | | contracts. | 23 | | (a) All contracts to be let for the construction, | 24 | | alteration,
improvement, repair, enlargement, demolition or | 25 | | removal of any buildings or
other facilities, or for materials |
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| 1 | | or supplies to be furnished, where the
amount thereof is in | 2 | | excess of $20,000, shall be awarded as a design-build contract | 3 | | in accordance with Sections 20.3 through 20.20 or shall be let | 4 | | to the lowest
responsible bidder, or bidders, on open | 5 | | competitive bidding. | 6 | | (b) A contract awarded on the basis of competitive bidding | 7 | | shall be awarded after public
advertisement published at least | 8 | | once in each week for three consecutive
weeks prior to the | 9 | | opening of bids, in a daily newspaper of general
circulation in | 10 | | the county where the commission is located, except in the case | 11 | | of an emergency situation, as determined by the chief executive | 12 | | officer. If a contract is awarded in an emergency situation, | 13 | | (i) the contract accepted must be based on the lowest | 14 | | responsible proposal after the commission has made a diligent | 15 | | effort to solicit multiple proposals by telephone, facsimile, | 16 | | or other efficient means and (ii) the chief executive officer | 17 | | must submit a report at the next regular meeting of the Board, | 18 | | to be ratified by the Board and entered into the official | 19 | | record, that states the chief executive officer's reason for | 20 | | declaring an emergency situation, the names of all parties | 21 | | solicited for proposals, and their proposals and that includes | 22 | | a copy of the contract awarded. Nothing
contained in this | 23 | | Section shall be construed to prohibit the Board of
| 24 | | Commissioners from placing additional advertisements in | 25 | | recognized trade
journals. Advertisements for bids shall | 26 | | describe the character of the
proposed contract in sufficient |
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| 1 | | detail to enable the bidders thereon to
know what their | 2 | | obligation will be, either in the advertisement itself, or
by | 3 | | reference to detailed plans and specifications on file in the | 4 | | office of
the Public Building Commission at the time of the | 5 | | publication of the first
announcement. Such advertisement | 6 | | shall also state the date, time, and place
assigned for the | 7 | | opening of bids. No bids shall be received at any time
| 8 | | subsequent to the time indicated in said advertisement. | 9 | | (c) In addition to the requirements of Section 20.3, the | 10 | | Commission shall advertise a design-build solicitation at | 11 | | least once in a daily newspaper of general circulation in the | 12 | | county where the Commission is located. The date that Phase I | 13 | | submissions by design-build entities are due must be at least | 14 | | 14 calendar days after the date the newspaper advertisement for | 15 | | design-build proposals is first published. The advertisement | 16 | | shall identify the design-build project, the due date, the | 17 | | place and time for Phase I submissions, and the place where | 18 | | proposers can obtain a complete copy of the request for | 19 | | design-build proposals, including the criteria for evaluation | 20 | | and the scope and performance criteria. The Commission is not | 21 | | precluded from using other media or from placing advertisements | 22 | | in addition to the one required under this subsection. | 23 | | (d) The Board of
Commissioners may reject any and all bids | 24 | | and proposals received and may readvertise for
bids or issue a | 25 | | new request for design-build proposals. | 26 | | (e) All bids shall be open to public inspection in the |
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| 1 | | office of the
Public Building Commission after an award or | 2 | | final selection has been made. The successful bidder for such | 3 | | work shall enter into
contracts furnished and prescribed by the | 4 | | Board of Commissioners and in
addition to any other bonds | 5 | | required under this Act the successful bidder
shall execute and | 6 | | give bond, payable to and to be approved by the
Commission, | 7 | | with a corporate surety authorized to do business under the
| 8 | | laws of the State of Illinois, in an amount to be determined by | 9 | | the Board
of Commissioners, conditioned upon the payment of all | 10 | | labor furnished and
materials supplied in the prosecution of | 11 | | the contracted work. If the bidder
whose bid has been accepted | 12 | | shall neglect or refuse to accept the contract
within five (5) | 13 | | days after written notice that the same has been awarded to
| 14 | | him, or if he accepts but does not execute the contract and | 15 | | give the proper
security, the Commission may accept the next | 16 | | lowest bidder, or readvertise
and relet in manner above | 17 | | provided. | 18 | | (f) In case any work shall be abandoned by
any contractor | 19 | | or design-build entity, the Commission may, if the best | 20 | | interests of the Commission
be thereby served, adopt on behalf | 21 | | of the Commission all subcontracts made
by such contractor or | 22 | | design-build entity for such work and all such sub-contractors | 23 | | shall be
bound by such adoption if made; and the Commission | 24 | | shall, in the manner
provided in this Act, readvertise and | 25 | | relet, or request proposals and award design-build contracts | 26 | | for, the work specified in the original
contract exclusive of |
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| 1 | | so much thereof as shall be accepted. Every contract
when made | 2 | | and entered into, as provided in this Section or Section 20.20, | 3 | | shall be executed, held by the Commission, and filed
in
its | 4 | | records, and one copy of which shall be given to the contractor | 5 | | or design-build entity.
| 6 | | (g) The provisions of this Section with respect to | 7 | | design-build shall have no effect beginning on June 1, 2018; | 8 | | provided that any design-build contracts entered into before | 9 | | such date or any procurement of a project under this Act | 10 | | commenced before such date, and the contracts resulting from | 11 | | those procurements, shall remain effective 5 years after June | 12 | | 1, 2008 (the effective date of Public Act 95-595) . | 13 | | (Source: P.A. 95-595, eff. 6-1-08; 95-614, eff. 9-11-07; | 14 | | 95-876, eff. 8-21-08.)
| 15 | | (50 ILCS 20/20.3)
| 16 | | (Section scheduled to be repealed on June 1, 2013) | 17 | | Sec. 20.3. Solicitation of design-build proposals.
| 18 | | (a) When the Commission elects to use the design-build | 19 | | delivery
method, it must
issue a notice of intent to receive | 20 | | proposals for the project at
least 14 days before issuing the | 21 | | request for the proposal. The Commission
must publish the | 22 | | advance notice in a daily newspaper of general circulation in | 23 | | the county where the Commission is located. The
Commission is | 24 | | encouraged to use publication of the notice in related | 25 | | construction
industry service publications. A brief |
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| 1 | | description of the proposed procurement
must be included in the | 2 | | notice. The Commission must provide a
copy of the
request for | 3 | | proposal to any party requesting a copy.
| 4 | | (b) The request for proposal shall be prepared for each | 5 | | project and must
contain, without limitation, the following | 6 | | information:
| 7 | | (1) The name of the Commission.
| 8 | | (2) A preliminary schedule for the completion of the | 9 | | contract.
| 10 | | (3) The proposed budget for the project, the source of | 11 | | funds, and the
currently available funds at the time the | 12 | | request for proposal is submitted.
| 13 | | (4) Prequalification criteria for design-build | 14 | | entities wishing to submit
proposals.
The Commission shall | 15 | | include, at a minimum, its normal
prequalification, | 16 | | licensing, registration, and other requirements, but | 17 | | nothing
contained herein precludes the use of additional | 18 | | prequalification criteria
by the Commission.
| 19 | | (5) Material requirements of the contract, including | 20 | | but not limited to,
the proposed terms and conditions, | 21 | | required performance and payment bonds,
insurance, and the | 22 | | entity's plan to comply with the utilization goals | 23 | | established by the corporate authorities of the Commission | 24 | | for minority and women business enterprises and to comply | 25 | | with Section 2-105 of the Illinois Human Rights Act.
| 26 | | (6) The performance criteria.
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| 1 | | (7) The evaluation criteria for each phase of the | 2 | | solicitation.
| 3 | | (8) The number of entities that will be considered for | 4 | | the technical and
cost
evaluation phase.
| 5 | | (c) The Commission may include any other relevant | 6 | | information
that it
chooses to supply. The design-build entity | 7 | | shall be entitled to rely upon the
accuracy of this | 8 | | documentation in the development of its proposal.
| 9 | | (d) The date that proposals are due must be at least 21 | 10 | | calendar days after
the date of the issuance of the request for | 11 | | proposal. In the event the cost of
the project
is estimated to | 12 | | exceed $12,000,000, then the proposal due date must be at least
| 13 | | 28 calendar days after the date of the issuance of the request | 14 | | for proposal.
The Commission shall include in the request for | 15 | | proposal a
minimum of 30 days
to develop the Phase II | 16 | | submissions after the selection of entities
from the Phase I | 17 | | evaluation is completed.
| 18 | | (e) This Section is repealed on June 1, 2018; provided that | 19 | | any design-build contracts entered into before such date or any | 20 | | procurement of a project under this Act commenced before such | 21 | | date, and the contracts resulting from those procurements, | 22 | | shall remain effective 5 years after the effective date of this | 23 | | amendatory Act of the 95th General Assembly .
| 24 | | (Source: P.A. 95-595, eff. 6-1-08 .) | 25 | | (50 ILCS 20/20.4)
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| 1 | | (Section scheduled to be repealed on June 1, 2013) | 2 | | Sec. 20.4. Development of design-build scope and | 3 | | performance criteria.
| 4 | | (a) The Commission shall develop, with the assistance of a
| 5 | | licensed design professional, a request
for proposal, which | 6 | | shall include scope and performance criteria.
The scope and | 7 | | performance criteria must be in sufficient detail and contain
| 8 | | adequate information to reasonably apprise the qualified | 9 | | design-build entities
of the Commission's overall programmatic | 10 | | needs and goals,
including criteria and preliminary design | 11 | | plans,
general budget parameters, schedule, and delivery | 12 | | requirements.
| 13 | | (b) Each request for proposal shall also include a | 14 | | description of the level
of design to be provided in the | 15 | | proposals. This description must include the
scope and type of | 16 | | renderings, drawings, and specifications that, at a minimum,
| 17 | | will be required by the Commission to be produced by the
| 18 | | design-build entities.
| 19 | | (c) The scope and performance criteria shall be prepared by | 20 | | a design
professional who is an employee of the Commission, or | 21 | | the Commission may
contract with an independent design | 22 | | professional selected under the
Local Government Professional | 23 | | Services Selection Act (50 ILCS 510/) to provide these | 24 | | services.
| 25 | | (d) The design professional that prepares the scope and | 26 | | performance criteria
is prohibited from participating in any |
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| 1 | | design-build entity proposal for the
project.
| 2 | | (e) This Section is repealed on June 1, 2018; provided that | 3 | | any design-build contracts entered into before such date or any | 4 | | procurement of a project under this Act commenced before such | 5 | | date, and the contracts resulting from those procurements, | 6 | | shall remain effective 5 years after the effective date of this | 7 | | amendatory Act of the 95th General Assembly .
| 8 | | (Source: P.A. 95-595, eff. 6-1-08 .) | 9 | | (50 ILCS 20/20.5) | 10 | | (Section scheduled to be repealed on June 1, 2013) | 11 | | Sec. 20.5. Procedures for design-build selection. | 12 | | (a) The Commission must use a two-phase procedure for the
| 13 | | selection of the
successful design-build entity. Phase I of the | 14 | | procedure will evaluate and
shortlist the design-build | 15 | | entities based on qualifications, and Phase II
will
evaluate | 16 | | the technical and cost proposals. | 17 | | (b) The Commission shall include in the request for | 18 | | proposal
the
evaluating factors to be used in Phase I. These | 19 | | factors are in addition to any
prequalification requirements of | 20 | | design-build entities that the Commission has set
forth. Each | 21 | | request for proposal shall establish the relative importance
| 22 | | assigned to each evaluation factor and subfactor, including any | 23 | | weighting of
criteria to be employed by the Commission. The | 24 | | Commission must maintain a
record of the evaluation scoring to | 25 | | be disclosed in event of a protest
regarding the solicitation.
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| 1 | | The Commission shall include the following criteria in | 2 | | every
Phase I
evaluation of design-build entities: (1) | 3 | | experience of personnel; (2)
successful
experience with | 4 | | similar project types; (3) financial capability; (4) | 5 | | timeliness
of past performance; (5) experience with similarly | 6 | | sized projects; (6)
successful reference checks of the firm; | 7 | | (7) commitment to assign personnel
for the duration of the | 8 | | project and qualifications of the entity's consultants; and (8) | 9 | | ability or past performance in meeting or exhausting good faith | 10 | | efforts to meet the utilization goals for minority and women | 11 | | business enterprises established by the corporate authorities | 12 | | of the Commission and in complying with Section 2-105 of the | 13 | | Illinois Human Rights Act. The Commission may include any | 14 | | additional relevant criteria in Phase I that it deems necessary | 15 | | for a proper qualification review.
The Commission may include | 16 | | any additional relevant criteria in
Phase I that
it deems | 17 | | necessary for a proper qualification review.
| 18 | | The Commission may not consider any design-build entity for
| 19 | | evaluation or
award if the entity has any pecuniary interest in | 20 | | the project or has other
relationships or circumstances, | 21 | | including but not limited to, long-term
leasehold, mutual | 22 | | performance, or development contracts with the Commission,
| 23 | | that may give the design-build entity a financial or tangible | 24 | | advantage over
other design-build entities in the preparation, | 25 | | evaluation, or performance of
the
design-build contract or that | 26 | | create the appearance of impropriety. No design-build proposal |
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| 1 | | shall be considered that does not include an entity's plan to | 2 | | comply with the requirements established in the minority and | 3 | | women business enterprises and economically disadvantaged | 4 | | firms established by the corporate authorities of the | 5 | | Commission and with Section 2-105 of the Illinois Human Rights | 6 | | Act.
| 7 | | Upon completion of the qualifications evaluation, the | 8 | | Commission shall
create a shortlist of the most highly | 9 | | qualified design-build entities. The
Commission, in its | 10 | | discretion, is not required to shortlist the
maximum number of
| 11 | | entities as identified for Phase II evaluation, provided | 12 | | however, no less than
2
design-build entities nor more than 6 | 13 | | are selected to submit Phase II
proposals.
| 14 | | The Commission shall notify the entities selected for the
| 15 | | shortlist in
writing. This notification shall commence the | 16 | | period for the preparation of the
Phase II technical and cost | 17 | | evaluations. The Commission must
allow sufficient
time for the | 18 | | shortlist entities to prepare their Phase II submittals
| 19 | | considering
the scope and detail requested by the Commission.
| 20 | | (c) The Commission shall include in the request for | 21 | | proposal
the
evaluating factors to be used in the technical and | 22 | | cost submission components
of Phase II. Each request for | 23 | | proposal shall establish, for both the technical
and cost | 24 | | submission components of Phase II, the relative importance | 25 | | assigned to
each evaluation factor and subfactor, including any | 26 | | weighting of criteria to be
employed by the Commission. The |
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| 1 | | Commission must
maintain a record of the
evaluation scoring to | 2 | | be disclosed in event of a protest regarding the
solicitation.
| 3 | | The Commission shall include the following criteria in | 4 | | every
Phase II
technical evaluation of design-build entities: | 5 | | (1) compliance with objectives
of
the
project; (2) compliance | 6 | | of proposed services to the request for proposal
requirements; | 7 | | (3) quality of products or materials proposed; (4) quality of
| 8 | | design parameters; (5) design concepts; (6) innovation in | 9 | | meeting the scope and
performance criteria; and (7) | 10 | | constructability of the
proposed project. The Commission may | 11 | | include any additional
relevant
technical evaluation factors | 12 | | it deems necessary for proper selection.
| 13 | | The Commission shall include the following criteria in | 14 | | every
Phase II cost
evaluation: the guaranteed maximum project | 15 | | cost and the time of
completion. The Commission may include any | 16 | | additional relevant
technical
evaluation factors it deems | 17 | | necessary for proper selection. The guaranteed maximum project | 18 | | cost criteria weighing factor shall not exceed 30%.
| 19 | | The Commission shall directly employ or retain a licensed
| 20 | | design
professional to evaluate the technical and cost | 21 | | submissions to determine if the
technical submissions are in | 22 | | accordance with generally
accepted industry standards.
| 23 | | Upon completion of the technical submissions and cost | 24 | | submissions evaluation,
the Commission may award the | 25 | | design-build contract to the
highest
overall ranked entity.
| 26 | | (d) This Section is repealed on June 1, 2018; provided that |
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| 1 | | any design-build contracts entered into before such date or any | 2 | | procurement of a project under this Act commenced before such | 3 | | date, and the contracts resulting from those procurements, | 4 | | shall remain effective 5 years after the effective date of this | 5 | | amendatory Act of the 95th General Assembly .
| 6 | | (Source: P.A. 95-595, eff. 6-1-08 .) | 7 | | (50 ILCS 20/20.10)
| 8 | | (Section scheduled to be repealed on June 1, 2013) | 9 | | Sec. 20.10. Small design-build projects. In any case where | 10 | | the total overall cost of the
project is estimated to be less | 11 | | than $12,000,000, the Commission
may combine
the two-phase | 12 | | procedure for design-build selection described in Section 20.5 | 13 | | into one combined
step, provided that all the requirements of | 14 | | evaluation are performed in
accordance with Section 20.5. | 15 | | This Section is repealed on June 1, 2018; provided that any | 16 | | design-build contracts entered into before such date or any | 17 | | procurement of a project under this Act commenced before such | 18 | | date, and the contracts resulting from those procurements, | 19 | | shall remain effective 5 years after the effective date of this | 20 | | amendatory Act of the 95th General Assembly .
| 21 | | (Source: P.A. 95-595, eff. 6-1-08 .) | 22 | | (50 ILCS 20/20.15)
| 23 | | (Section scheduled to be repealed on June 1, 2013) | 24 | | Sec. 20.15. Submission of design-build proposals. |
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| 1 | | Design-build proposals must be properly identified
and sealed. | 2 | | Proposals may not be reviewed until after the deadline for
| 3 | | submission has passed as set forth in the request for | 4 | | proposals. All
design-build entities submitting proposals | 5 | | shall be disclosed after the
deadline
for submission, and all | 6 | | design-build entities who are selected for Phase II
evaluation | 7 | | shall also be disclosed at the time of that determination. | 8 | | Phase II design-build proposals shall include a bid bond in | 9 | | the form and security as designated in
the request for | 10 | | proposals. Proposals shall also contain a separate sealed
| 11 | | envelope with the cost information within the overall proposal | 12 | | submission.
Proposals shall include a list of all design | 13 | | professionals and other entities
to which any work identified | 14 | | in Section 30-30 of the Illinois Procurement Code as a | 15 | | subdivision of construction work may be subcontracted during | 16 | | the performance of the contract.
| 17 | | Proposals must meet all material requirements of the | 18 | | request for proposal or
they may be rejected as non-responsive. | 19 | | The Commission shall
have the right
to reject any and all | 20 | | proposals.
| 21 | | The drawings and specifications of any unsuccessful | 22 | | design-build proposal shall remain the property of
the | 23 | | design-build entity.
| 24 | | The Commission shall review the proposals for compliance | 25 | | with
the
performance criteria and evaluation factors.
| 26 | | Proposals may be withdrawn prior to the due date and time |
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| 1 | | for submissions for any cause. After
evaluation begins by the | 2 | | Commission, clear and convincing
evidence of error
is required | 3 | | for withdrawal.
| 4 | | This Section is repealed on June 1, 2018; provided that any | 5 | | design-build contracts entered into before such date or any | 6 | | procurement of a project under this Act commenced before such | 7 | | date, and the contracts resulting from those procurements, | 8 | | shall remain effective 5 years after the effective date of this | 9 | | amendatory Act of the 95th General Assembly .
| 10 | | (Source: P.A. 95-595, eff. 6-1-08 .) | 11 | | (50 ILCS 20/20.20)
| 12 | | (Section scheduled to be repealed on June 1, 2013) | 13 | | Sec. 20.20. Design-build award. The Commission may award a | 14 | | design-build contract to
the highest
overall ranked entity. | 15 | | Notice of award shall be made in writing. Unsuccessful
entities | 16 | | shall also be notified in writing. The Commission may
not | 17 | | request a
best and final offer after the receipt of proposals. | 18 | | The Commission may
negotiate with the selected design-build | 19 | | entity after award but prior to
contract
execution for the | 20 | | purpose of securing better terms than originally proposed,
| 21 | | provided that the salient features of the request for proposal | 22 | | are not
diminished. | 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 |
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| 1 | | date, and the contracts resulting from those procurements, | 2 | | shall remain effective 5 years after the effective date of this | 3 | | amendatory Act of the 95th General Assembly .
| 4 | | (Source: P.A. 95-595, eff. 6-1-08 .) | 5 | | (50 ILCS 20/20.25)
| 6 | | (Section scheduled to be repealed on June 1, 2013) | 7 | | Sec. 20.25. Minority and female owned enterprises; total | 8 | | construction budget. | 9 | | (a) Each year, within 60 days following the end of a | 10 | | commission's fiscal year, the commission shall provide a report | 11 | | to the General Assembly addressing the utilization of minority | 12 | | and female owned business enterprises on design-build | 13 | | projects. | 14 | | (b) The payments for design-build projects by any | 15 | | commission in one fiscal year shall not exceed 50% 25% of the | 16 | | moneys spent on construction projects during the same fiscal | 17 | | year. | 18 | | (c) This Section is repealed on June 1, 2018; provided that | 19 | | any design-build contracts entered into before such date or any | 20 | | procurement of a project under this Act commenced before such | 21 | | date, and the contracts resulting from those procurements, | 22 | | shall remain effective 5 years after the effective date of this | 23 | | amendatory Act of the 95th General Assembly .
| 24 | | (Source: P.A. 95-595, eff. 6-1-08 .)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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