Rep. Barbara Flynn Currie

Filed: 10/21/2013

 

 


 

 


 
09800SB0492ham004LRB098 04743 JWD 48926 a

1
AMENDMENT TO SENATE BILL 492

2    AMENDMENT NO. ______. Amend Senate Bill 492 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Building Commission Act is amended
5by adding Section 23.5 as follows:
 
6    (50 ILCS 20/23.5 new)
7    Sec. 23.5. Continuation of Sections 2.5, 20.3, 20.4, 20.5,
820.10, 20.15, 20.20, and 20.25 of this Act; validation.
9    (a) The General Assembly finds and declares that:
10        (1) When Public Act 95-595 (effective June 1, 2008)
11    amended the Public Building Commission Act, it provided
12    repeal dates for Sections 2.5, 20.3, 20.4, 20.5, 20.10,
13    20.15, 20.20, and 20.25 of this Act of 5 years after the
14    effective date of Public Act 95-595 (June 1, 2013).
15        (2) Senate Bill 2233 of the 98th General Assembly
16    contained provisions that would have changed the repeal

 

 

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1    dates of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
2    20.20, and 20.25 of this Act from 5 years after the
3    effective date of Public Act 95-595 to June 1, 2018. Senate
4    Bill 2233 passed both houses on May 31, 2013. Senate Bill
5    2233 provided that it took effect upon becoming law. Senate
6    Bill 2233 was sent to the Governor on June 10, 2013. Senate
7    Bill 2233 was approved by the Governor on August 9, 2013.
8    Senate Bill 2233 became Public Act 98-299.
9        (3) The Statute on Statutes sets forth general rules on
10    the repeal of statutes and the construction of multiple
11    amendments, but Section 1 of that Act also states that
12    these rules will not be observed when the result would be
13    "inconsistent with the manifest intent of the General
14    Assembly or repugnant to the context of the statute".
15        (4) The actions of the General Assembly clearly
16    manifest the intention of the General Assembly to extend
17    the repeal of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
18    20.20, and 20.25 of this Act and have those Sections
19    continue in effect until June 1, 2018.
20        (5) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
21    20.20, and 20.25 of this Act were originally enacted to
22    protect, promote, and preserve the general welfare. Any
23    construction of this Act that results in the repeal of
24    those Sections on June 1, 2013 would be inconsistent with
25    the manifest intent of the General Assembly and repugnant
26    to the context of this Act.

 

 

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1    (b) It is hereby declared to have been the intent of the
2General Assembly, in enacting Public Act 98-299, that Sections
32.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this
4Act be changed to make June 1, 2018 the repeal date of Sections
52.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this
6Act, and that Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
720.20, and 20.25 of this Act therefore not be subject to repeal
8on June 1, 2013.
9    (c) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20,
10and 20.25 of this Act shall be deemed to have been in
11continuous effect since June 1, 2008 (the effective date of
12Public Act 95-595), and shall continue to be in effect
13henceforward until June 1, 2018, unless they are otherwise
14lawfully repealed. All previously enacted amendments to this
15Act taking effect on or after June 1, 2013 are hereby
16validated.
17    (d) All actions taken in reliance on or pursuant to
18Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25
19of this Act by the Public Building Commission or any other
20person or entity are hereby validated.
21    (e) In order to ensure the continuing effectiveness of
22Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25
23of this Act, those Sections are set forth in full and reenacted
24by this amendatory Act of the 98th General Assembly. This
25reenactment is intended as a continuation of those Sections. It
26is not intended to supersede any amendment to the Act that is

 

 

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1enacted by the 98th General Assembly.
2    (f) In this amendatory Act of the 98th General Assembly,
3the base text of the reenacted Sections is set forth as amended
4by Public Act 98-299. Striking and underscoring is used only to
5show changes being made to the base text. In this instance, no
6underscoring or striking is shown in the base text because no
7additional changes are being made.
8    (g) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20,
9and 20.25 of this Act apply to all claims, civil actions, and
10proceedings pending on or filed on or before the effective date
11of this amendatory Act of the 98th General Assembly.
 
12    Section 10. The Public Building Commission Act is amended
13by reenacting Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
1420.20, and 20.25 as follows:
 
15    (50 ILCS 20/2.5)
16    (Section scheduled to be repealed on June 1, 2018)
17    Sec. 2.5. Legislative policy; conditions for use of
18design-build. It is the intent of the General Assembly that a
19commission be allowed to use the design-build delivery method
20for public projects if it is shown to be in the commission's
21best interest for that particular project.
22    It shall be the policy of the commission in the procurement
23of design-build services to publicly announce all requirements
24for design-build services and to procure these services on the

 

 

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1basis of demonstrated competence and qualifications and with
2due regard for the principles of competitive selection.
3    The commission shall, prior to issuing requests for
4proposals, promulgate and publish procedures for the
5solicitation and award of contracts pursuant to this Act.
6    The commission shall, for each public project or projects
7permitted under this Act, make a written determination,
8including a description as to the particular advantages of the
9design-build procurement method, that it is in the best
10interests of the commission to enter into a design-build
11contract for the project or projects.
12    In making that determination, the following factors shall
13be 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
24comply with the utilization goals established by the corporate
25authorities of the commission for minority and women business
26enterprises and to comply with Section 2-105 of the Illinois

 

 

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1Human Rights Act.
2    This Section is repealed on June 1, 2018; provided that any
3design-build contracts entered into before such date or any
4procurement of a project under this Act commenced before such
5date, and the contracts resulting from those procurements,
6shall remain effective.
7(Source: P.A. 98-299, eff. 8-9-13.)
 
8    (50 ILCS 20/20.3)
9    (Section scheduled to be repealed on June 1, 2018)
10    Sec. 20.3. Solicitation of design-build proposals.
11    (a) When the Commission elects to use the design-build
12delivery method, it must issue a notice of intent to receive
13proposals for the project at least 14 days before issuing the
14request for the proposal. The Commission must publish the
15advance notice in a daily newspaper of general circulation in
16the county where the Commission is located. The Commission is
17encouraged to use publication of the notice in related
18construction industry service publications. A brief
19description of the proposed procurement must be included in the
20notice. The Commission must provide a copy of the request for
21proposal to any party requesting a copy.
22    (b) The request for proposal shall be prepared for each
23project and must contain, without limitation, the following
24information:
25        (1) The name of the Commission.

 

 

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1        (2) A preliminary schedule for the completion of the
2    contract.
3        (3) The proposed budget for the project, the source of
4    funds, and the currently available funds at the time the
5    request for proposal is submitted.
6        (4) Prequalification criteria for design-build
7    entities wishing to submit proposals. The Commission shall
8    include, at a minimum, its normal prequalification,
9    licensing, registration, and other requirements, but
10    nothing contained herein precludes the use of additional
11    prequalification criteria by the Commission.
12        (5) Material requirements of the contract, including
13    but not limited to, the proposed terms and conditions,
14    required performance and payment bonds, insurance, and the
15    entity's plan to comply with the utilization goals
16    established by the corporate authorities of the Commission
17    for minority and women business enterprises and to comply
18    with Section 2-105 of the Illinois Human Rights Act.
19        (6) The performance criteria.
20        (7) The evaluation criteria for each phase of the
21    solicitation.
22        (8) The number of entities that will be considered for
23    the technical and cost evaluation phase.
24    (c) The Commission may include any other relevant
25information that it chooses to supply. The design-build entity
26shall be entitled to rely upon the accuracy of this

 

 

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1documentation in the development of its proposal.
2    (d) The date that proposals are due must be at least 21
3calendar days after the date of the issuance of the request for
4proposal. In the event the cost of the project is estimated to
5exceed $12,000,000, then the proposal due date must be at least
628 calendar days after the date of the issuance of the request
7for proposal. The Commission shall include in the request for
8proposal a minimum of 30 days to develop the Phase II
9submissions after the selection of entities from the Phase I
10evaluation is completed.
11    (e) This Section is repealed on June 1, 2018; provided that
12any design-build contracts entered into before such date or any
13procurement of a project under this Act commenced before such
14date, and the contracts resulting from those procurements,
15shall remain effective.
16(Source: P.A. 98-299, eff. 8-9-13.)
 
17    (50 ILCS 20/20.4)
18    (Section scheduled to be repealed on June 1, 2018)
19    Sec. 20.4. Development of design-build scope and
20performance criteria.
21    (a) The Commission shall develop, with the assistance of a
22licensed design professional, a request for proposal, which
23shall include scope and performance criteria. The scope and
24performance criteria must be in sufficient detail and contain
25adequate information to reasonably apprise the qualified

 

 

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1design-build entities of the Commission's overall programmatic
2needs and goals, including criteria and preliminary design
3plans, general budget parameters, schedule, and delivery
4requirements.
5    (b) Each request for proposal shall also include a
6description of the level of design to be provided in the
7proposals. This description must include the scope and type of
8renderings, drawings, and specifications that, at a minimum,
9will be required by the Commission to be produced by the
10design-build entities.
11    (c) The scope and performance criteria shall be prepared by
12a design professional who is an employee of the Commission, or
13the Commission may contract with an independent design
14professional selected under the Local Government Professional
15Services Selection Act (50 ILCS 510/) to provide these
16services.
17    (d) The design professional that prepares the scope and
18performance criteria is prohibited from participating in any
19design-build entity proposal for the project.
20    (e) This Section is repealed on June 1, 2018; provided that
21any design-build contracts entered into before such date or any
22procurement of a project under this Act commenced before such
23date, and the contracts resulting from those procurements,
24shall remain effective.
25(Source: P.A. 98-299, eff. 8-9-13.)
 

 

 

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1    (50 ILCS 20/20.5)
2    (Section scheduled to be repealed on June 1, 2018)
3    Sec. 20.5. Procedures for design-build selection.
4    (a) The Commission must use a two-phase procedure for the
5selection of the successful design-build entity. Phase I of the
6procedure will evaluate and shortlist the design-build
7entities based on qualifications, and Phase II will evaluate
8the technical and cost proposals.
9    (b) The Commission shall include in the request for
10proposal the evaluating factors to be used in Phase I. These
11factors are in addition to any prequalification requirements of
12design-build entities that the Commission has set forth. Each
13request for proposal shall establish the relative importance
14assigned to each evaluation factor and subfactor, including any
15weighting of criteria to be employed by the Commission. The
16Commission must maintain a record of the evaluation scoring to
17be disclosed in event of a protest regarding the solicitation.
18    The Commission shall include the following criteria in
19every Phase I evaluation of design-build entities: (1)
20experience of personnel; (2) successful experience with
21similar project types; (3) financial capability; (4)
22timeliness of past performance; (5) experience with similarly
23sized projects; (6) successful reference checks of the firm;
24(7) commitment to assign personnel for the duration of the
25project and qualifications of the entity's consultants; and (8)
26ability or past performance in meeting or exhausting good faith

 

 

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1efforts to meet the utilization goals for minority and women
2business enterprises established by the corporate authorities
3of the Commission and in complying with Section 2-105 of the
4Illinois Human Rights Act. The Commission may include any
5additional relevant criteria in Phase I that it deems necessary
6for a proper qualification review. The Commission may include
7any additional relevant criteria in Phase I that it deems
8necessary for a proper qualification review.
9    The Commission may not consider any design-build entity for
10evaluation or award if the entity has any pecuniary interest in
11the project or has other relationships or circumstances,
12including but not limited to, long-term leasehold, mutual
13performance, or development contracts with the Commission,
14that may give the design-build entity a financial or tangible
15advantage over other design-build entities in the preparation,
16evaluation, or performance of the design-build contract or that
17create the appearance of impropriety. No design-build proposal
18shall be considered that does not include an entity's plan to
19comply with the requirements established in the minority and
20women business enterprises and economically disadvantaged
21firms established by the corporate authorities of the
22Commission and with Section 2-105 of the Illinois Human Rights
23Act.
24    Upon completion of the qualifications evaluation, the
25Commission shall create a shortlist of the most highly
26qualified design-build entities. The Commission, in its

 

 

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1discretion, is not required to shortlist the maximum number of
2entities as identified for Phase II evaluation, provided
3however, no less than 2 design-build entities nor more than 6
4are selected to submit Phase II proposals.
5    The Commission shall notify the entities selected for the
6shortlist in writing. This notification shall commence the
7period for the preparation of the Phase II technical and cost
8evaluations. The Commission must allow sufficient time for the
9shortlist entities to prepare their Phase II submittals
10considering the scope and detail requested by the Commission.
11    (c) The Commission shall include in the request for
12proposal the evaluating factors to be used in the technical and
13cost submission components of Phase II. Each request for
14proposal shall establish, for both the technical and cost
15submission components of Phase II, the relative importance
16assigned to each evaluation factor and subfactor, including any
17weighting of criteria to be employed by the Commission. The
18Commission must maintain a record of the evaluation scoring to
19be disclosed in event of a protest regarding the solicitation.
20    The Commission shall include the following criteria in
21every Phase II technical evaluation of design-build entities:
22(1) compliance with objectives of the project; (2) compliance
23of proposed services to the request for proposal requirements;
24(3) quality of products or materials proposed; (4) quality of
25design parameters; (5) design concepts; (6) innovation in
26meeting the scope and performance criteria; and (7)

 

 

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1constructability of the proposed project. The Commission may
2include any additional relevant technical evaluation factors
3it deems necessary for proper selection.
4    The Commission shall include the following criteria in
5every Phase II cost evaluation: the guaranteed maximum project
6cost and the time of completion. The Commission may include any
7additional relevant technical evaluation factors it deems
8necessary for proper selection. The guaranteed maximum project
9cost criteria weighing factor shall not exceed 30%.
10    The Commission shall directly employ or retain a licensed
11design professional to evaluate the technical and cost
12submissions to determine if the technical submissions are in
13accordance with generally accepted industry standards.
14    Upon completion of the technical submissions and cost
15submissions evaluation, the Commission may award the
16design-build contract to the highest overall ranked entity.
17    (d) This Section is repealed on June 1, 2018; provided that
18any design-build contracts entered into before such date or any
19procurement of a project under this Act commenced before such
20date, and the contracts resulting from those procurements,
21shall remain effective.
22(Source: P.A. 98-299, eff. 8-9-13.)
 
23    (50 ILCS 20/20.10)
24    (Section scheduled to be repealed on June 1, 2018)
25    Sec. 20.10. Small design-build projects. In any case where

 

 

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1the total overall cost of the project is estimated to be less
2than $12,000,000, the Commission may combine the two-phase
3procedure for design-build selection described in Section 20.5
4into one combined step, provided that all the requirements of
5evaluation are performed in accordance with Section 20.5.
6    This Section is repealed on June 1, 2018; provided that any
7design-build contracts entered into before such date or any
8procurement of a project under this Act commenced before such
9date, and the contracts resulting from those procurements,
10shall remain effective.
11(Source: P.A. 98-299, eff. 8-9-13.)
 
12    (50 ILCS 20/20.15)
13    (Section scheduled to be repealed on June 1, 2018)
14    Sec. 20.15. Submission of design-build proposals.
15Design-build proposals must be properly identified and sealed.
16Proposals may not be reviewed until after the deadline for
17submission has passed as set forth in the request for
18proposals. All design-build entities submitting proposals
19shall be disclosed after the deadline for submission, and all
20design-build entities who are selected for Phase II evaluation
21shall also be disclosed at the time of that determination.
22    Phase II design-build proposals shall include a bid bond in
23the form and security as designated in the request for
24proposals. Proposals shall also contain a separate sealed
25envelope with the cost information within the overall proposal

 

 

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1submission. Proposals shall include a list of all design
2professionals and other entities to which any work identified
3in Section 30-30 of the Illinois Procurement Code as a
4subdivision of construction work may be subcontracted during
5the performance of the contract.
6    Proposals must meet all material requirements of the
7request for proposal or they may be rejected as non-responsive.
8The Commission shall have the right to reject any and all
9proposals.
10    The drawings and specifications of any unsuccessful
11design-build proposal shall remain the property of the
12design-build entity.
13    The Commission shall review the proposals for compliance
14with the performance criteria and evaluation factors.
15    Proposals may be withdrawn prior to the due date and time
16for submissions for any cause. After evaluation begins by the
17Commission, clear and convincing evidence of error is required
18for withdrawal.
19    This Section is repealed on June 1, 2018; provided that any
20design-build contracts entered into before such date or any
21procurement of a project under this Act commenced before such
22date, and the contracts resulting from those procurements,
23shall remain effective.
24(Source: P.A. 98-299, eff. 8-9-13.)
 
25    (50 ILCS 20/20.20)

 

 

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1    (Section scheduled to be repealed on June 1, 2018)
2    Sec. 20.20. Design-build award. The Commission may award a
3design-build contract to the highest overall ranked entity.
4Notice of award shall be made in writing. Unsuccessful entities
5shall also be notified in writing. The Commission may not
6request a best and final offer after the receipt of proposals.
7The Commission may negotiate with the selected design-build
8entity after award but prior to contract execution for the
9purpose of securing better terms than originally proposed,
10provided that the salient features of the request for proposal
11are not diminished.
12    This Section is repealed on June 1, 2018; provided that any
13design-build contracts entered into before such date or any
14procurement of a project under this Act commenced before such
15date, and the contracts resulting from those procurements,
16shall remain effective.
17(Source: P.A. 98-299, eff. 8-9-13.)
 
18    (50 ILCS 20/20.25)
19    (Section scheduled to be repealed on June 1, 2018)
20    Sec. 20.25. Minority and female owned enterprises; total
21construction budget.
22    (a) Each year, within 60 days following the end of a
23commission's fiscal year, the commission shall provide a report
24to the General Assembly addressing the utilization of minority
25and female owned business enterprises on design-build

 

 

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1projects.
2    (b) The payments for design-build projects by any
3commission in one fiscal year shall not exceed 50% of the
4moneys spent on construction projects during the same fiscal
5year.
6    (c) This Section is repealed on June 1, 2018; provided that
7any design-build contracts entered into before such date or any
8procurement of a project under this Act commenced before such
9date, and the contracts resulting from those procurements,
10shall remain effective.
11(Source: P.A. 98-299, eff. 8-9-13.)
 
12    Section 15. The Public Building Commission Act is amended
13by changing Sections 3 and 20 as follows:
 
14    (50 ILCS 20/3)  (from Ch. 85, par. 1033)
15    Sec. 3. The following terms, wherever used, or referred to
16in this Act, mean unless the context clearly requires a
17different meaning:
18        (a) "Commission" means a Public Building Commission
19    created pursuant to this Act.
20        (b) "Commissioner" or "Commissioners" means a
21    Commissioner or Commissioners of a Public Building
22    Commission.
23        (c) "County seat" means a city, village or town which
24    is the county seat of a county.

 

 

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1        (d) "Municipality" means any city, village or
2    incorporated town of the State of Illinois.
3        (e) "Municipal corporation" includes a county, city,
4    village, town, (including a county seat), park district,
5    school district in a county of 3,000,000 or more
6    population, board of education of a school district in a
7    county of 3,000,000 or more population, sanitary district,
8    airport authority contiguous with the County Seat as of
9    July 1, 1969 and any other municipal body or governmental
10    agency of the State, and until July 1, 2011, a school
11    district that (i) was organized prior to 1860, (ii) is
12    located in part in a city originally incorporated prior to
13    1840, and (iii) entered into a lease with a Commission
14    prior to 1993, and its board of education, but does not
15    include a school district in a county of less than
16    3,000,000 population, a board of education of a school
17    district in a county of less than 3,000,000 population, or
18    a community college district in a county of less than
19    3,000,000 population, except that until July 1, 2011, a
20    school district that (i) was organized prior to 1860, (ii)
21    is located in part in a city originally incorporated prior
22    to 1840, and (iii) entered into a lease with a Commission
23    prior to 1993, and its board of education, are included.
24        (f) "Governing body" includes a city council, county
25    board, or any other body or board, by whatever name it may
26    be known, charged with the governing of a municipal

 

 

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1    corporation.
2        (g) "Presiding officer" includes the mayor or
3    president of a city, village or town, the presiding officer
4    of a county board, or the presiding officer of any other
5    board or commission, as the case may be.
6        (h) "Oath" means oath or affirmation.
7        (i) "Building" means an improvement to real estate to
8    be made available for use by a municipal corporation for
9    the furnishing of governmental services to its citizens,
10    together with any land or interest in land necessary or
11    useful in connection with the improvement.
12        (j) "Delivery system" means the design and
13    construction approach used to develop and construct a
14    project.
15        (k) "Design-bid-build" means the traditional delivery
16    system used on public projects that incorporates the Local
17    Government Professional Services Selection Act (50 ILCS
18    510/) and the principles of competitive selection.
19        (l) "Design-build" means a delivery system that
20    provides responsibility within a single contract for the
21    furnishing of architecture, engineering, land surveying
22    and related services as required, and the labor, materials,
23    equipment, and other construction services for the
24    project.
25        (m) "Design-build contract" means a contract for a
26    public project under this Act between the Commission and a

 

 

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1    design-build entity to furnish architecture, engineering,
2    land surveying, and related services as required, and to
3    furnish the labor, materials, equipment, and other
4    construction services for the project. The design-build
5    contract may be conditioned upon subsequent refinements in
6    scope and price and may allow the Commission to make
7    modifications in the project scope without invalidating
8    the design-build contract.
9        (n) "Design-build entity" means any individual, sole
10    proprietorship, firm, partnership, joint venture,
11    corporation, professional corporation, or other entity
12    that proposes to design and construct any public project
13    under this Act. A design-build entity and associated
14    design-build professionals shall conduct themselves in
15    accordance with the laws of this State and the related
16    provisions of the Illinois Administrative Code, as
17    referenced by the licensed design professionals Acts of
18    this State.
19        (o) "Design professional" means any individual, sole
20    proprietorship, firm, partnership, joint venture,
21    corporation, professional corporation, or other entity
22    that offers services under the Illinois Architecture
23    Practice Act of 1989 (225 ILCS 305/), the Professional
24    Engineering Practice Act of 1989 (225 ILCS 325/), the
25    Structural Engineering Licensing Act of 1989 (225 ILCS
26    340/), or the Illinois Professional Land Surveyor Act of

 

 

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1    1989 (225 ILCS 330/).
2        (p) "Evaluation criteria" means the requirements for
3    the separate phases of the selection process for
4    design-build proposals as defined in this Act and may
5    include the specialized experience, technical
6    qualifications and competence, capacity to perform, past
7    performance, experience with similar projects, assignment
8    of personnel to the project, and other appropriate factors.
9    Price may not be used as a factor in the evaluation of
10    Phase I proposals.
11        (q) "Proposal" means the offer to enter into a
12    design-build contract as submitted by a design-build
13    entity in accordance with this Act.
14        (r) "Request for proposal" means the document used by
15    the Commission to solicit proposals for a design-build
16    contract.
17        (s) "Scope and performance criteria" means the
18    requirements for the public project, including but not
19    limited to, the intended usage, capacity, size, scope,
20    quality and performance standards, life-cycle costs, and
21    other programmatic criteria that are expressed in
22    performance-oriented and quantifiable specifications and
23    drawings that can be reasonably inferred and are suited to
24    allow a design-build entity to develop a proposal.
25        (t) "Guaranteed maximum price" means a form of contract
26    in which compensation may vary according to the scope of

 

 

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1    work involved but in any case may not exceed an agreed
2    total amount.
3    Definitions in this Section with respect to design-build
4shall have no effect beginning on June 1, 2018; provided that
5any design-build contracts entered into before such date or any
6procurement of a project under this Act commenced before such
7date, and the contracts resulting from those procurements,
8shall remain effective. The actions of any person or entity
9taken on or after June 1, 2013 and before the effective date of
10this amendatory Act of the 98th General Assembly in reliance on
11the provisions of this Section with respect to design-build
12continuing to be effective are hereby validated.
13(Source: P.A. 98-299, eff. 8-9-13.)
 
14    (50 ILCS 20/20)  (from Ch. 85, par. 1050)
15    Sec. 20. Contracts let to lowest responsible bidder;
16competitive bidding; advertisement for bids; design-build
17contracts.
18    (a) All contracts to be let for the construction,
19alteration, improvement, repair, enlargement, demolition or
20removal of any buildings or other facilities, or for materials
21or supplies to be furnished, where the amount thereof is in
22excess of $20,000, shall be awarded as a design-build contract
23in accordance with Sections 20.3 through 20.20 or shall be let
24to the lowest responsible bidder, or bidders, on open
25competitive bidding.

 

 

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1    (b) A contract awarded on the basis of competitive bidding
2shall be awarded after public advertisement published at least
3once in each week for three consecutive weeks prior to the
4opening of bids, in a daily newspaper of general circulation in
5the county where the commission is located, except in the case
6of an emergency situation, as determined by the chief executive
7officer. If a contract is awarded in an emergency situation,
8(i) the contract accepted must be based on the lowest
9responsible proposal after the commission has made a diligent
10effort to solicit multiple proposals by telephone, facsimile,
11or other efficient means and (ii) the chief executive officer
12must submit a report at the next regular meeting of the Board,
13to be ratified by the Board and entered into the official
14record, that states the chief executive officer's reason for
15declaring an emergency situation, the names of all parties
16solicited for proposals, and their proposals and that includes
17a copy of the contract awarded. Nothing contained in this
18Section shall be construed to prohibit the Board of
19Commissioners from placing additional advertisements in
20recognized trade journals. Advertisements for bids shall
21describe the character of the proposed contract in sufficient
22detail to enable the bidders thereon to know what their
23obligation will be, either in the advertisement itself, or by
24reference to detailed plans and specifications on file in the
25office of the Public Building Commission at the time of the
26publication of the first announcement. Such advertisement

 

 

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1shall also state the date, time, and place assigned for the
2opening of bids. No bids shall be received at any time
3subsequent to the time indicated in said advertisement.
4    (c) In addition to the requirements of Section 20.3, the
5Commission shall advertise a design-build solicitation at
6least once in a daily newspaper of general circulation in the
7county where the Commission is located. The date that Phase I
8submissions by design-build entities are due must be at least
914 calendar days after the date the newspaper advertisement for
10design-build proposals is first published. The advertisement
11shall identify the design-build project, the due date, the
12place and time for Phase I submissions, and the place where
13proposers can obtain a complete copy of the request for
14design-build proposals, including the criteria for evaluation
15and the scope and performance criteria. The Commission is not
16precluded from using other media or from placing advertisements
17in addition to the one required under this subsection.
18    (d) The Board of Commissioners may reject any and all bids
19and proposals received and may readvertise for bids or issue a
20new request for design-build proposals.
21    (e) All bids shall be open to public inspection in the
22office of the Public Building Commission after an award or
23final selection has been made. The successful bidder for such
24work shall enter into contracts furnished and prescribed by the
25Board of Commissioners and in addition to any other bonds
26required under this Act the successful bidder shall execute and

 

 

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1give bond, payable to and to be approved by the Commission,
2with a corporate surety authorized to do business under the
3laws of the State of Illinois, in an amount to be determined by
4the Board of Commissioners, conditioned upon the payment of all
5labor furnished and materials supplied in the prosecution of
6the contracted work. If the bidder whose bid has been accepted
7shall neglect or refuse to accept the contract within five (5)
8days after written notice that the same has been awarded to
9him, or if he accepts but does not execute the contract and
10give the proper security, the Commission may accept the next
11lowest bidder, or readvertise and relet in manner above
12provided.
13    (f) In case any work shall be abandoned by any contractor
14or design-build entity, the Commission may, if the best
15interests of the Commission be thereby served, adopt on behalf
16of the Commission all subcontracts made by such contractor or
17design-build entity for such work and all such sub-contractors
18shall be bound by such adoption if made; and the Commission
19shall, in the manner provided in this Act, readvertise and
20relet, or request proposals and award design-build contracts
21for, the work specified in the original contract exclusive of
22so much thereof as shall be accepted. Every contract when made
23and entered into, as provided in this Section or Section 20.20,
24shall be executed, held by the Commission, and filed in its
25records, and one copy of which shall be given to the contractor
26or design-build entity.

 

 

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1    (g) The provisions of this Section with respect to
2design-build shall have no effect beginning on June 1, 2018;
3provided that any design-build contracts entered into before
4such date or any procurement of a project under this Act
5commenced before such date, and the contracts resulting from
6those procurements, shall remain effective. The actions of any
7person or entity taken on or after June 1, 2013 and before the
8effective date of this amendatory Act of the 98th General
9Assembly in reliance on the provisions of this Section with
10respect to design-build continuing to be effective are hereby
11validated.
12(Source: P.A. 98-299, eff. 8-9-13.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".