Sen. Don Harmon
Filed: 5/17/2009
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1 | AMENDMENT TO HOUSE BILL 3986
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2 | AMENDMENT NO. ______. Amend House Bill 3986 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Building Commission Act is amended | ||||||
5 | by changing Sections 3, 14, 20.3, 20.5, 20.15, 20.20, and 20.25 | ||||||
6 | and adding Section 20.12 as follows:
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7 | (50 ILCS 20/3) (from Ch. 85, par. 1033)
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8 | Sec. 3. The following terms, wherever used, or referred to | ||||||
9 | in this Act,
mean unless the context clearly requires a | ||||||
10 | different meaning:
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11 | (a) "Commission" means a Public Building Commission | ||||||
12 | created pursuant to
this Act.
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13 | (b) "Commissioner" or "Commissioners" means a Commissioner | ||||||
14 | or
Commissioners of a Public Building Commission.
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15 | (c) "County seat" means a city, village or town which is | ||||||
16 | the county seat
of a county.
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1 | (d) "Municipality" means any city, village or incorporated | ||||||
2 | town of the
State of Illinois.
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3 | (e) "Municipal corporation" includes a county, city, | ||||||
4 | village, town,
(including a county seat), park district,
school | ||||||
5 | district in a county of 3,000,000 or more population, board of
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6 | education of a school district in a county of 3,000,000 or more | ||||||
7 | population,
sanitary district,
airport authority contiguous | ||||||
8 | with the County
Seat as of July 1, 1969 and any other municipal | ||||||
9 | body or governmental agency
of the State, and until July 1, | ||||||
10 | 2011, a school district that (i) was organized prior to 1860, | ||||||
11 | (ii) is located in part in a city originally incorporated prior | ||||||
12 | to 1840, and (iii) entered into a lease with a Commission prior | ||||||
13 | to 1993, and its board of education, but does not include a | ||||||
14 | school district in a county of less
than 3,000,000 population, | ||||||
15 | a board of education of a school district in a
county of less | ||||||
16 | than 3,000,000 population, or a community college district in
a | ||||||
17 | county of less than 3,000,000 population, except that until | ||||||
18 | July 1, 2011, a school district that (i) was organized prior to | ||||||
19 | 1860, (ii) is located in part in a city originally incorporated | ||||||
20 | prior to 1840, and (iii) entered into a lease with a Commission | ||||||
21 | prior to 1993, and its board of education, are included.
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22 | (f) "Governing body" includes a city council, county board, | ||||||
23 | or any other
body or board, by whatever name it may be known, | ||||||
24 | charged with the governing
of a municipal corporation.
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25 | (g) "Presiding officer" includes the mayor or president of | ||||||
26 | a city,
village or town, the presiding officer of a county |
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1 | board, or the presiding
officer of any other board or | ||||||
2 | commission, as the case may be.
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3 | (h) "Oath" means oath or affirmation.
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4 | (i) "Building" means an improvement to real estate to be | ||||||
5 | made available
for use by a municipal corporation for the | ||||||
6 | furnishing of governmental
services to its citizens, together | ||||||
7 | with any land or interest in land
necessary or useful in | ||||||
8 | connection with the improvement.
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9 | (j) "Delivery system" means the design and construction | ||||||
10 | approach used to develop
and construct a project.
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11 | (k) "Design-bid-build" means the traditional delivery | ||||||
12 | system used on public
projects that incorporates the Local | ||||||
13 | Government Professional Services Selection Act (50 ILCS 510/) | ||||||
14 | and the
principles of competitive selection.
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15 | (l) "Design-build" means a delivery system that provides | ||||||
16 | responsibility within a
single contract for the furnishing of | ||||||
17 | architecture, engineering, land surveying
and related services | ||||||
18 | as required, and the labor, materials, equipment, and
other | ||||||
19 | construction services for the project.
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20 | (m) "Design-build contract" means a contract for a public | ||||||
21 | project under this Act
between the Commission and a | ||||||
22 | design-build entity to furnish
architecture,
engineering, land | ||||||
23 | surveying, and related services as required, and to furnish
the | ||||||
24 | labor, materials, equipment, and other construction services | ||||||
25 | for the
project. The design-build contract may be conditioned | ||||||
26 | upon subsequent
refinements in scope and price and may allow |
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1 | the Commission to
make
modifications in the project scope | ||||||
2 | without invalidating the design-build
contract.
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3 | (n) "Design-build entity" means any individual, sole | ||||||
4 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
5 | professional corporation, or other
entity that proposes to | ||||||
6 | design and construct any public project under this Act.
A | ||||||
7 | design-build entity and associated design-build professionals | ||||||
8 | shall conduct themselves in accordance with the laws of this | ||||||
9 | State and the related provisions of the Illinois Administrative | ||||||
10 | Code, as referenced by the licensed design professionals Acts | ||||||
11 | of this State.
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12 | (o) "Design professional" means any individual, sole | ||||||
13 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
14 | professional corporation, or other
entity that offers services | ||||||
15 | under the Illinois Architecture Practice Act of
1989 (225 ILCS | ||||||
16 | 305/), the Professional Engineering Practice Act of 1989 (225
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17 | ILCS 325/),
the Structural Engineering Licensing Act of 1989 | ||||||
18 | (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | ||||||
19 | of 1989 (225 ILCS 330/).
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20 | (p) "Evaluation criteria" means the requirements for the | ||||||
21 | separate phases of the
selection process for design-build | ||||||
22 | proposals as defined in this Act and may include the | ||||||
23 | specialized
experience, technical qualifications and | ||||||
24 | competence, capacity to perform, past
performance, experience | ||||||
25 | with similar projects, assignment of personnel to the
project, | ||||||
26 | and other appropriate factors. Price may not be used as a |
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1 | factor in
the evaluation of Phase I proposals.
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2 | (q) "Proposal" means the offer to enter into a design-build | ||||||
3 | contract as submitted
by a design-build entity in accordance | ||||||
4 | with this Act.
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5 | (r) "Request for proposal" means the document used by the | ||||||
6 | Commission
to solicit
proposals for a design-build contract.
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7 | (s) "Scope and performance criteria" means the | ||||||
8 | requirements for the public
project, including but not limited | ||||||
9 | to, the intended usage, capacity, size,
scope, quality and | ||||||
10 | performance standards, life-cycle costs, and other
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11 | programmatic criteria that are expressed in | ||||||
12 | performance-oriented and
quantifiable specifications and | ||||||
13 | drawings that can be reasonably inferred and
are suited to | ||||||
14 | allow a design-build entity to develop a proposal.
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15 | (t) "Guaranteed maximum price" means a form of contract in | ||||||
16 | which compensation may vary according to the scope of work | ||||||
17 | involved but in any case may not exceed an agreed total amount.
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18 | Definitions in this Section with respect to design-build | ||||||
19 | shall have no effect beginning 5 years after the effective date | ||||||
20 | of this amendatory Act of the 95th General Assembly.
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21 | (Source: P.A. 94-1071, eff. 1-1-07; 95-595, eff. 6-1-08 .)
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22 | (50 ILCS 20/14) (from Ch. 85, par. 1044)
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23 | Sec. 14. A Public Building Commission is a municipal | ||||||
24 | corporation and
constitutes a body both corporate and politic | ||||||
25 | separate and apart from
any other municipal corporation or any |
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1 | other public or governmental
agency. It may sue and be sued, | ||||||
2 | plead and be impleaded, and have a seal
and alter such at | ||||||
3 | pleasure, have perpetual succession, make and execute
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4 | contracts, leases, deeds and other instruments necessary or | ||||||
5 | convenient
to the exercise of its powers, and make and from | ||||||
6 | time to time amend and
repeal its by-laws, rules and | ||||||
7 | regulations not inconsistent with this
Act. In addition, it has | ||||||
8 | and shall exercise the following public and
essential | ||||||
9 | governmental powers and functions and all other powers
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10 | incidental or necessary, to carry out and effectuate such | ||||||
11 | express powers:
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12 | (a) To select, locate and designate, at any time and from | ||||||
13 | time to
time, one or more areas lying wholly within the | ||||||
14 | territorial limits of
the municipality or of the county seat of | ||||||
15 | the county in which the
Commission is organized, or within the | ||||||
16 | territorial limits of the county
if the site is to be used for | ||||||
17 | county purposes, or (in the case of a county
having a | ||||||
18 | population of at least 20,000 but not more than 21,000 as
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19 | determined by the 1980 federal census) within the territorial | ||||||
20 | limits of the
county if the site is to be used for municipal | ||||||
21 | purposes, as the site or
sites to be acquired for the erection, | ||||||
22 | alteration or improvement of a
building or buildings, public | ||||||
23 | improvement or other facilities for the
purposes set forth in | ||||||
24 | this Section. The site or sites selected shall be
conveniently | ||||||
25 | located within such county, municipality or county seat and of
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26 | an area in size sufficiently large to accomplish and effectuate |
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1 | the purpose
of this Act and sufficient to provide for proper | ||||||
2 | architectural setting and
adequate landscaping for such | ||||||
3 | building or buildings, public improvement or
other facilities.
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4 | (1) Where the governing body of the county seat or the | ||||||
5 | governing
body of any municipality with 3,000 or more | ||||||
6 | inhabitants has adopted the
original resolution for the | ||||||
7 | creation of the Commission, the site or
sites selected, and in | ||||||
8 | the case of a project for an Airport Authority,
the site or | ||||||
9 | sites selected, the project and any lease agreements, are
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10 | subject to approval by a majority of the members of the | ||||||
11 | governing body
of the county seat or by a majority of the | ||||||
12 | members of the governing body
of the municipality. However, | ||||||
13 | where the site is for a county project and
is outside the | ||||||
14 | limits of a municipality, the approval of the site shall
be by | ||||||
15 | the county board.
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16 | (2) Where the original resolution for the creation of the | ||||||
17 | Commission
has been adopted by the governing body of the | ||||||
18 | county, the site or sites
selected, and in the case of a | ||||||
19 | project for an Airport Authority, the
site or sites selected, | ||||||
20 | the project and any lease agreements, are
subject to approval | ||||||
21 | by a majority of the members of the governing body
of the | ||||||
22 | county and to approval by 3/4 of the members of the governing
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23 | body of the county seat, except that approval of 3/4 of the | ||||||
24 | members of
the governing body of the county seat is not | ||||||
25 | required where the site is for
a county or (in the case of a | ||||||
26 | county having a population of at least 20,000
but not more than |
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1 | 21,000 as determined by the 1980 federal census) a
municipal | ||||||
2 | project and is outside the limits of the county seat, in which
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3 | case approval by 3/4 of the members of the governing body of | ||||||
4 | any
municipality where the site or sites will be located is | ||||||
5 | required; and, if
such site or sites so selected, and in the | ||||||
6 | case of a project for an
Airport Authority, the site or sites | ||||||
7 | selected, the project and any lease
agreements, are not | ||||||
8 | approved by 3/4 of the members of the governing body
of the | ||||||
9 | county seat the Commission may by resolution request that the
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10 | approval of the site or sites so selected, and in the case of a | ||||||
11 | project
for an Airport Authority, the site or sites selected, | ||||||
12 | the project and
any lease agreements, be submitted to a | ||||||
13 | referendum at the next general
election in accordance with the | ||||||
14 | general election law, and shall present
such resolution to the | ||||||
15 | county clerk. Upon receipt of such resolution the
county clerk | ||||||
16 | shall immediately notify the board of election commissioners,
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17 | if any; however, referenda pursuant to such resolution shall | ||||||
18 | not be called
more frequently than once in 4 years. The | ||||||
19 | proposition shall be in
substantially the following form:
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20 | -------------------------------------------------------------
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21 | Shall ......... be acquired for the
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22 | erection, alteration or improvement of
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23 | a building or buildings pursuant to YES
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24 | the Public Building Commission Act,
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25 | approved July 5, 1955, which project
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26 | it is estimated will cost $........., -----------------
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1 | including the cost of the site
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2 | acquisition and for the payment of which
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3 | revenue bonds in the amount of $...., NO
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4 | maturing .... and bearing interest at
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5 | the rate of .....% per annum, may be
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6 | issued?
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7 | -------------------------------------------------------------
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8 | If a majority of the electors voting on the proposition | ||||||
9 | vote in favor of
the proposition, the site or sites so | ||||||
10 | selected, and in the case of a
project for an Airport | ||||||
11 | Authority, the site or sites selected, the project
and any | ||||||
12 | lease agreements, shall be approved. Except where approval of | ||||||
13 | the
site or sites has been obtained by referendum, the area or | ||||||
14 | areas may be
enlarged by the Board of Commissioners, from time | ||||||
15 | to time, as the need
therefor arises. The selection, location | ||||||
16 | and designation of more than one
area may, but need not, be | ||||||
17 | made at one time but may be made from time to time.
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18 | (b) To acquire the fee simple title to or any lesser | ||||||
19 | interest in the real property located
within such area or | ||||||
20 | areas, including easements and reversionary
interests in the | ||||||
21 | streets, alleys and other public places and personal
property | ||||||
22 | required for its purposes, by purchase, gift, legacy, or by the
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23 | exercise of the power of eminent domain, and title thereto | ||||||
24 | shall be
taken in the corporate name of the Commission. Eminent | ||||||
25 | domain
proceedings shall be in all respects in the manner | ||||||
26 | provided for the exercise
of the right of eminent domain under |
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1 | the Eminent Domain Act. All land and appurtenances
thereto, | ||||||
2 | acquired or owned by the Commission are to be deemed acquired | ||||||
3 | or
owned for a public use or public purpose.
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4 | Any municipal corporation which owns fee simple title to or | ||||||
5 | any lesser interest in real
property located within such an | ||||||
6 | area, may convey such real property, or
any part thereof or | ||||||
7 | interest therein, to the Commission with a provision in such | ||||||
8 | conveyance
for the reverter of such real property or interest | ||||||
9 | therein to the transferor municipal
corporation at such time as | ||||||
10 | all revenue bonds and other obligations of
the Commission | ||||||
11 | incident to the real property or interest therein so conveyed, | ||||||
12 | have been paid
in full, and such Commission is hereby | ||||||
13 | authorized to accept such a
conveyance.
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14 | (c) To demolish, repair, alter or improve any building or | ||||||
15 | buildings
within the area or areas and to erect a new building | ||||||
16 | or buildings,
improvement and other facilities within the area | ||||||
17 | or areas to provide
space for the conduct of the executive, | ||||||
18 | legislative and judicial
functions of government, its various | ||||||
19 | branches, departments and agencies
thereof and to provide | ||||||
20 | buildings, improvements and other facilities for
use by local | ||||||
21 | government in the furnishing of essential governmental,
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22 | health, safety and welfare services to its citizens; to furnish | ||||||
23 | and
equip such building or buildings, improvements and other | ||||||
24 | facilities, and
maintain and operate them so as to effectuate | ||||||
25 | the purposes of this Act.
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26 | (d) To pave and improve streets within such area or areas, |
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1 | and to
construct, repair and install sidewalks, sewers, | ||||||
2 | waterpipes and other
similar facilities and site improvements | ||||||
3 | within such area or areas and
to provide for adequate | ||||||
4 | landscaping essential to the preparation of such
site or sites | ||||||
5 | in accordance with the purposes of this Act.
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6 | (e) To make provisions for offstreet parking facilities.
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7 | (f) To operate, maintain, manage and to make and enter into
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8 | contracts for the operation, maintenance and management of such
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9 | buildings and other facilities and to provide rules and | ||||||
10 | regulations for
the operation, maintenance and management | ||||||
11 | thereof.
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12 | (g) To employ and discharge without regard to any Civil | ||||||
13 | Services
Act, engineering, architectural, construction, | ||||||
14 | design-build, legal and financial
experts and such other | ||||||
15 | employees as may be necessary in its judgment to
carry out the | ||||||
16 | purposes of this Act and to fix compensation for such
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17 | employees, and enter into contracts for the employment of any | ||||||
18 | person,
firm, or corporation, and for professional services | ||||||
19 | necessary or
desirable for the accomplishment of the objects | ||||||
20 | and purposes of the
Commission and the proper administration, | ||||||
21 | management, protection and
control of its property.
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22 | (h) To rent all or any part or parts of such building, | ||||||
23 | buildings, or
other facilities to any municipal corporation | ||||||
24 | that organized or joined
in the organization of the Public | ||||||
25 | Building Commission or to any branch,
department, or agency | ||||||
26 | thereof, or to any branch, department, or agency of
the State |
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1 | or Federal government, or to any other state or any agency or
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2 | political subdivision of another state with which the | ||||||
3 | Commission has entered
into an intergovernmental agreement or | ||||||
4 | contract under the Intergovernmental
Cooperation Act, or to any | ||||||
5 | municipal corporation with which the Commission has
entered | ||||||
6 | into an intergovernmental agreement or contract under the
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7 | Intergovernmental Cooperation Act, or to any other municipal | ||||||
8 | corporation, quasi
municipal corporation, political | ||||||
9 | subdivision or body politic, or agency
thereof, doing business, | ||||||
10 | maintaining an office, or rendering a public service
in such | ||||||
11 | county for any period of time.
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12 | (i) To rent such space in such building or buildings as | ||||||
13 | from time to
time may not be needed by any governmental agency | ||||||
14 | for such other
purposes as the Board of Commissioners may | ||||||
15 | determine will best serve the
comfort and convenience of the | ||||||
16 | occupants of such building or buildings,
and upon such terms | ||||||
17 | and in such manner as the Board of Commissioners may
determine.
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18 | (j) To execute written leases evidencing the rental | ||||||
19 | agreements
authorized in paragraphs (h) and (i) of this | ||||||
20 | Section.
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21 | (k) To procure and enter into contracts for any type of | ||||||
22 | insurance or
indemnity against loss or damage to property from | ||||||
23 | any cause, including
loss of use and occupancy, against death | ||||||
24 | or injury of any person,
against employer's liability, against | ||||||
25 | any act of any member, officer or
employee of the Public | ||||||
26 | Building Commission in the performance of the
duties of his |
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1 | office or employment or any other insurable risk, as the
Board | ||||||
2 | of Commissioners in its discretion may deem necessary.
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3 | (l) To accept donations, contributions, capital grants or | ||||||
4 | gifts from
any individuals, associations, municipal and | ||||||
5 | private corporations and
the United States of America, or any | ||||||
6 | agency or instrumentality thereof,
for or in aid of any of the | ||||||
7 | purposes of this Act and to enter into
agreements in connection | ||||||
8 | therewith.
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9 | (m) To borrow money from time to time and in evidence | ||||||
10 | thereof to
issue and sell revenue bonds in such amount or | ||||||
11 | amounts as the Board of
Commissioners may determine to provide | ||||||
12 | funds for the purpose of
acquiring, erecting, demolishing, | ||||||
13 | improving, altering, equipping,
repairing, maintaining and | ||||||
14 | operating buildings and other facilities and
to acquire sites | ||||||
15 | necessary and convenient therefor and to pay all costs
and | ||||||
16 | expenses incident thereto, including, but without in any way
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17 | limiting the generality of the foregoing, architectural, | ||||||
18 | engineering,
legal and financing expense, which may include an | ||||||
19 | amount sufficient to
meet the interest charges on such revenue | ||||||
20 | bonds during such period or
periods as may elapse prior to the | ||||||
21 | time when the project or projects may
become revenue producing | ||||||
22 | and for one year in addition thereto; and to
refund and | ||||||
23 | refinance, from time to time, revenue bonds so issued and
sold, | ||||||
24 | as often as may be deemed to be advantageous by the Board of
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25 | Commissioners.
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26 | (n) To enter into any agreement or contract with any |
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1 | lessee, who,
pursuant to the terms of this Act, is renting or | ||||||
2 | is about to rent from
the Commission all or part of any | ||||||
3 | building or buildings or facilities,
whereby under such | ||||||
4 | agreement or contract such lessee obligates itself to
pay all | ||||||
5 | or part of the cost of maintaining and operating the premises | ||||||
6 | so
leased. Such agreement may be included as a provision of any | ||||||
7 | lease
entered into pursuant to the terms of this Act or may be | ||||||
8 | made the
subject of a separate agreement or contract between | ||||||
9 | the Commission and
such lessee.
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10 | (Source: P.A. 94-1055, eff. 1-1-07; 95-614, eff. 9-11-07.)
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11 | (50 ILCS 20/20.3)
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12 | (Section scheduled to be repealed on June 1, 2013) | ||||||
13 | Sec. 20.3. Solicitation of design-build proposals.
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14 | (a) When the Commission elects to use the design-build | ||||||
15 | delivery
method, it must
issue a notice of intent to receive | ||||||
16 | proposals for the project at
least 14 days before issuing the | ||||||
17 | request for the proposal. The Commission
must publish the | ||||||
18 | advance notice in a daily newspaper of general circulation in | ||||||
19 | the county where the Commission is located. The
Commission is | ||||||
20 | encouraged to use publication of the notice in related | ||||||
21 | construction
industry service publications. A brief | ||||||
22 | description of the proposed procurement
must be included in the | ||||||
23 | notice. The Commission must provide a
copy of the
request for | ||||||
24 | proposal to any party requesting a copy.
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25 | (b) The request for proposal shall be prepared for each |
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1 | project and must
contain, without limitation, the following | ||||||
2 | information:
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3 | (1) The name of the Commission.
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4 | (2) A preliminary schedule for the completion of the | ||||||
5 | contract.
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6 | (3) The proposed budget for the project, the source of | ||||||
7 | funds, and the
currently available funds at the time the | ||||||
8 | request for proposal is submitted.
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9 | (4) Prequalification criteria for design-build | ||||||
10 | entities wishing to submit
proposals.
The Commission shall | ||||||
11 | include, at a minimum, its normal
prequalification, | ||||||
12 | licensing, registration, and other requirements, but | ||||||
13 | nothing
contained herein precludes the use of additional | ||||||
14 | prequalification criteria
by the Commission.
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15 | (5) Material requirements of the contract, including | ||||||
16 | but not limited to,
the proposed terms and conditions, | ||||||
17 | required performance and payment bonds,
insurance, and the | ||||||
18 | entity's plan to comply with the utilization goals | ||||||
19 | established by the corporate authorities of the Commission | ||||||
20 | for minority and women business enterprises and to comply | ||||||
21 | with Section 2-105 of the Illinois Human Rights Act.
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22 | (6) The performance criteria.
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23 | (7) The evaluation criteria for each phase of the | ||||||
24 | solicitation.
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25 | (8) The number of entities that will be considered for | ||||||
26 | the technical and
cost
evaluations evaluation phase .
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1 | (c) The Commission may include any other relevant | ||||||
2 | information
that it
chooses to supply. The design-build entity | ||||||
3 | shall be entitled to rely upon the
accuracy of this | ||||||
4 | documentation in the development of its proposal.
| ||||||
5 | (d) Proposals shall be due within a reasonable period of | ||||||
6 | time to allow for entities to prepare their responses, given | ||||||
7 | the size and complexity of the contemplated project. In the | ||||||
8 | event that the Commission contemplates a multiple step | ||||||
9 | procurement process, the request for proposals shall provide a | ||||||
10 | schedule for the proposal process. The date that proposals are | ||||||
11 | due must be at least 21 calendar days after
the date of the | ||||||
12 | issuance of the request for proposal. In the event the cost of
| ||||||
13 | the project
is estimated to exceed $12,000,000, then the | ||||||
14 | proposal due date must be at least
28 calendar days after the | ||||||
15 | date of the issuance of the request for proposal.
The | ||||||
16 | Commission shall include in the request for proposal a
minimum | ||||||
17 | of 30 days
to develop the Phase II submissions after the | ||||||
18 | selection of entities
from the Phase I evaluation is completed.
| ||||||
19 | (e) This Section is repealed 5 years after the effective | ||||||
20 | date of this amendatory Act of the 95th General Assembly.
| ||||||
21 | (Source: P.A. 95-595, eff. 6-1-08 .) | ||||||
22 | (50 ILCS 20/20.5) | ||||||
23 | (Section scheduled to be repealed on June 1, 2013) | ||||||
24 | Sec. 20.5. Procedures for design-build selection. | ||||||
25 | (a) The Commission shall include in the request for |
| |||||||
| |||||||
1 | proposals the evaluating factors to be used to assess the | ||||||
2 | qualifications of the design-build entities. The Commission | ||||||
3 | shall maintain a record of the evaluation scoring. The record | ||||||
4 | shall be disclosed in the event of any protest regarding the | ||||||
5 | solicitation. | ||||||
6 | The following criteria must be included in every evaluation | ||||||
7 | of the qualifications of the design-build entities: (1) | ||||||
8 | experience of personnel; (2) successful experience with | ||||||
9 | similar project types; (3) financial capability; (4) | ||||||
10 | timeliness of past performance; (5) experience with similarly | ||||||
11 | sized projects; (6) successful reference checks of the firm; | ||||||
12 | (7) commitment to assign personnel for the duration of the | ||||||
13 | project and qualifications of the entity's consultants; and (8) | ||||||
14 | ability or past performance in meeting or exhausting good faith | ||||||
15 | efforts to meet the utilization goals for minority and women | ||||||
16 | business enterprises established by the corporate authorities | ||||||
17 | of the Commission and in complying with Section 2-105 of the | ||||||
18 | Illinois Human Rights Act. The Commission may include any | ||||||
19 | additional relevant criteria that it deems necessary for a | ||||||
20 | proper qualification review. | ||||||
21 | The Commission may not consider any design-build entity for | ||||||
22 | evaluation or award if the entity has any pecuniary interest in | ||||||
23 | the project or has other relationships or circumstances, | ||||||
24 | including but not limited to, long-term leasehold, mutual | ||||||
25 | performance, or development contracts with the Commission, | ||||||
26 | that may give the design-build entity a financial or tangible |
| |||||||
| |||||||
1 | advantage over other design-build entities in the preparation, | ||||||
2 | evaluation, or performance of the design-build contract, or | ||||||
3 | that create the appearance of impropriety. No design-build | ||||||
4 | proposal shall be considered that does not include an entity's | ||||||
5 | plan to comply with the requirements established in the | ||||||
6 | minority and women business enterprises and economically | ||||||
7 | disadvantaged firms established by the corporate authorities | ||||||
8 | of the Commission and with Section 2-105 of the Illinois Human | ||||||
9 | Rights Act. | ||||||
10 | (b) The Commission shall not be required to review the | ||||||
11 | technical and cost proposals of the firms that it finds to be | ||||||
12 | unqualified pursuant to the evaluation criteria in subsection | ||||||
13 | (a). The Commission shall include in the request for proposals | ||||||
14 | the evaluating factors to be used to assess the technical and | ||||||
15 | cost proposals of the qualified design-build entities. The | ||||||
16 | Commission shall maintain a record of the evaluation scoring. | ||||||
17 | The record shall be disclosed in the event of any protest | ||||||
18 | regarding the solicitation. | ||||||
19 | The Commission shall include the following criteria in | ||||||
20 | every technical evaluation of the design-build entities: (1) | ||||||
21 | compliance with the objectives of the project; (2) compliance | ||||||
22 | of proposed services to the request for proposal requirements; | ||||||
23 | (3) quality of products or materials proposed; (4) quality of | ||||||
24 | design parameters; (5) design concepts; (6) innovation in | ||||||
25 | meeting the scope and performance criteria; and (7) | ||||||
26 | constructability of the proposed project. The Commission may |
| |||||||
| |||||||
1 | include any relevant technical evaluation factors it deems | ||||||
2 | necessary for proper selection. | ||||||
3 | The Commission shall include the following criteria in | ||||||
4 | every cost evaluation: (1) guaranteed maximum project cost or | ||||||
5 | lump sum project cost and (2) proposed schedule for project | ||||||
6 | completion. The Commission may include any additional relevant | ||||||
7 | technical evaluation factors it deems necessary for proper | ||||||
8 | selection. | ||||||
9 | The Commission shall directly employ or retain a licensed | ||||||
10 | design professional to evaluate the technical and cost | ||||||
11 | submissions to determine if the technical submissions are in | ||||||
12 | accordance with generally accepted industry standards. | ||||||
13 | Upon completion of the technical and cost evaluations, the | ||||||
14 | Commission may award a design-build contract to the qualified | ||||||
15 | design-build entity that the Commission determines offers the | ||||||
16 | best value in terms of quality, cost, and proposed time of | ||||||
17 | completion. | ||||||
18 | (a) The Commission must use a two-phase procedure for the
| ||||||
19 | selection of the
successful design-build entity. Phase I of the | ||||||
20 | procedure will evaluate and
shortlist the design-build | ||||||
21 | entities based on qualifications, and Phase II
will
evaluate | ||||||
22 | the technical and cost proposals. | ||||||
23 | (b) The Commission shall include in the request for | ||||||
24 | proposal
the
evaluating factors to be used in Phase I. These | ||||||
25 | factors are in addition to any
prequalification requirements of | ||||||
26 | design-build entities that the Commission has set
forth. Each |
| |||||||
| |||||||
1 | request for proposal shall establish the relative importance
| ||||||
2 | assigned to each evaluation factor and subfactor, including any | ||||||
3 | weighting of
criteria to be employed by the Commission. The | ||||||
4 | Commission must maintain a
record of the evaluation scoring to | ||||||
5 | be disclosed in event of a protest
regarding the solicitation. | ||||||
6 | The Commission shall include the following criteria in | ||||||
7 | every
Phase I
evaluation of design-build entities: (1) | ||||||
8 | experience of personnel; (2)
successful
experience with | ||||||
9 | similar project types; (3) financial capability; (4) | ||||||
10 | timeliness
of past performance; (5) experience with similarly | ||||||
11 | sized projects; (6)
successful reference checks of the firm; | ||||||
12 | (7) commitment to assign personnel
for the duration of the | ||||||
13 | project and qualifications of the entity's consultants; and (8) | ||||||
14 | ability or past performance in meeting or exhausting good faith | ||||||
15 | efforts to meet the utilization goals for minority and women | ||||||
16 | business enterprises established by the corporate authorities | ||||||
17 | of the Commission and in complying with Section 2-105 of the | ||||||
18 | Illinois Human Rights Act. The Commission may include any | ||||||
19 | additional relevant criteria in Phase I that it deems necessary | ||||||
20 | for a proper qualification review.
The Commission may include | ||||||
21 | any additional relevant criteria in
Phase I that
it deems | ||||||
22 | necessary for a proper qualification review. | ||||||
23 | The Commission may not consider any design-build entity for
| ||||||
24 | evaluation or
award if the entity has any pecuniary interest in | ||||||
25 | the project or has other
relationships or circumstances, | ||||||
26 | including but not limited to, long-term
leasehold, mutual |
| |||||||
| |||||||
1 | performance, or development contracts with the Commission,
| ||||||
2 | that may give the design-build entity a financial or tangible | ||||||
3 | advantage over
other design-build entities in the preparation, | ||||||
4 | evaluation, or performance of
the
design-build contract or that | ||||||
5 | create the appearance of impropriety. No design-build proposal | ||||||
6 | shall be considered that does not include an entity's plan to | ||||||
7 | comply with the requirements established in the minority and | ||||||
8 | women business enterprises and economically disadvantaged | ||||||
9 | firms established by the corporate authorities of the | ||||||
10 | Commission and with Section 2-105 of the Illinois Human Rights | ||||||
11 | Act.
| ||||||
12 | Upon completion of the qualifications evaluation, the | ||||||
13 | Commission shall
create a shortlist of the most highly | ||||||
14 | qualified design-build entities. The
Commission, in its | ||||||
15 | discretion, is not required to shortlist the
maximum number of
| ||||||
16 | entities as identified for Phase II evaluation, provided | ||||||
17 | however, no less than
2
design-build entities nor more than 6 | ||||||
18 | are selected to submit Phase II
proposals.
| ||||||
19 | The Commission shall notify the entities selected for the
| ||||||
20 | shortlist in
writing. This notification shall commence the | ||||||
21 | period for the preparation of the
Phase II technical and cost | ||||||
22 | evaluations. The Commission must
allow sufficient
time for the | ||||||
23 | shortlist entities to prepare their Phase II submittals
| ||||||
24 | considering
the scope and detail requested by the Commission. | ||||||
25 | (c) The Commission shall include in the request for | ||||||
26 | proposal
the
evaluating factors to be used in the technical and |
| |||||||
| |||||||
1 | cost submission components
of Phase II. Each request for | ||||||
2 | proposal shall establish, for both the technical
and cost | ||||||
3 | submission components of Phase II, the relative importance | ||||||
4 | assigned to
each evaluation factor and subfactor, including any | ||||||
5 | weighting of criteria to be
employed by the Commission. The | ||||||
6 | Commission must
maintain a record of the
evaluation scoring to | ||||||
7 | be disclosed in event of a protest regarding the
solicitation.
| ||||||
8 | The Commission shall include the following criteria in | ||||||
9 | every
Phase II
technical evaluation of design-build entities: | ||||||
10 | (1) compliance with objectives
of
the
project; (2) compliance | ||||||
11 | of proposed services to the request for proposal
requirements; | ||||||
12 | (3) quality of products or materials proposed; (4) quality of
| ||||||
13 | design parameters; (5) design concepts; (6) innovation in | ||||||
14 | meeting the scope and
performance criteria; and (7) | ||||||
15 | constructability of the
proposed project. The Commission may | ||||||
16 | include any additional
relevant
technical evaluation factors | ||||||
17 | it deems necessary for proper selection. | ||||||
18 | The Commission shall include the following criteria in | ||||||
19 | every
Phase II cost
evaluation: the guaranteed maximum project | ||||||
20 | cost and the time of
completion. The Commission may include any | ||||||
21 | additional relevant
technical
evaluation factors it deems | ||||||
22 | necessary for proper selection. The guaranteed maximum project | ||||||
23 | cost criteria weighing factor shall not exceed 30%. | ||||||
24 | The Commission shall directly employ or retain a licensed
| ||||||
25 | design
professional to evaluate the technical and cost | ||||||
26 | submissions to determine if the
technical submissions are in |
| |||||||
| |||||||
1 | accordance with generally
accepted industry standards. | ||||||
2 | Upon completion of the technical submissions and cost | ||||||
3 | submissions evaluation,
the Commission may award the | ||||||
4 | design-build contract to the
highest
overall ranked entity. | ||||||
5 | (c) (d) This Section is repealed 5 years after the | ||||||
6 | effective date of this amendatory Act of the 95th General | ||||||
7 | Assembly.
| ||||||
8 | (Source: P.A. 95-595, eff. 6-1-08 .) | ||||||
9 | (50 ILCS 20/20.12 new)
| ||||||
10 | Sec. 20.12. Competitive negotiation. If the Executive | ||||||
11 | Director determines it is in the Commission's best interests, | ||||||
12 | the Commission may enter into competitive negotiations with the | ||||||
13 | qualified design-build entities. The Commission shall provide | ||||||
14 | the qualified design-build entities with appropriate notice of | ||||||
15 | the Commission's intent to enter into competitive | ||||||
16 | negotiations. Such notice shall include a detailed description | ||||||
17 | of the competitive negotiation process, which may include value | ||||||
18 | engineering or similar revisions to the scope of the project. | ||||||
19 | The Commission may require each qualified design-build entity | ||||||
20 | to furnish its best and final offer for the design and | ||||||
21 | construction of the project. Upon completion of the competitive | ||||||
22 | negotiations, the Commission may award a design-build contract | ||||||
23 | to the qualified design-build entity that the Commission | ||||||
24 | determines has offered the best value in terms of quality, | ||||||
25 | cost, and proposed time of completion. |
| |||||||
| |||||||
1 | (50 ILCS 20/20.15)
| ||||||
2 | (Section scheduled to be repealed on June 1, 2013) | ||||||
3 | Sec. 20.15. Submission of design-build proposals. | ||||||
4 | Design-build proposals must be properly identified
and sealed. | ||||||
5 | Proposals may not be reviewed until after the deadline for
| ||||||
6 | submission has passed as set forth in the request for | ||||||
7 | proposals. All
design-build entities submitting proposals | ||||||
8 | shall be disclosed after the
deadline
for submission , and all | ||||||
9 | design-build entities who are selected for Phase II
evaluation | ||||||
10 | shall also be disclosed at the time of that determination . | ||||||
11 | Design-build Phase II design-build proposals shall include | ||||||
12 | a bid bond in the form and security as designated in
the | ||||||
13 | request for proposals. Proposals shall also contain a separate | ||||||
14 | sealed
envelope with the cost information within the overall | ||||||
15 | proposal submission.
Proposals shall include a list of all | ||||||
16 | design professionals and other entities
to which any work | ||||||
17 | identified in Section 30-30 of the Illinois Procurement Code as | ||||||
18 | a subdivision of construction work may be subcontracted during | ||||||
19 | the performance of the contract.
| ||||||
20 | Proposals must meet all material requirements of the | ||||||
21 | request for proposal or
they may be rejected as non-responsive. | ||||||
22 | The Commission shall
have the right
to reject any and all | ||||||
23 | proposals.
| ||||||
24 | The drawings and specifications of any unsuccessful | ||||||
25 | design-build proposal shall remain the property of
the |
| |||||||
| |||||||
1 | design-build entity.
| ||||||
2 | The Commission shall review the proposals for compliance | ||||||
3 | with
the
performance criteria and evaluation factors.
| ||||||
4 | Proposals may be withdrawn prior to the due date and time | ||||||
5 | for submissions for any cause. After
evaluation begins by the | ||||||
6 | Commission, clear and convincing
evidence of error
is required | ||||||
7 | for withdrawal.
| ||||||
8 | This Section is repealed 5 years after the effective date | ||||||
9 | of this 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 qualified design-build entity | ||||||
15 | that the Commission determines has offered the best value in | ||||||
16 | terms of quality, cost, and proposed time of completion. Notice | ||||||
17 | of the award shall be made in writing. Unsuccessful entities | ||||||
18 | shall also be notified in writing. The Commission may award a | ||||||
19 | design-build contract to
the highest
overall ranked entity. | ||||||
20 | Notice of award shall be made in writing. Unsuccessful
entities | ||||||
21 | shall also be notified in writing. The Commission may
not | ||||||
22 | request a
best and final offer after the receipt of proposals. | ||||||
23 | The Commission may
negotiate with the selected design-build | ||||||
24 | entity after award but prior to
contract
execution for the | ||||||
25 | purpose of securing better terms than originally proposed,
|
| |||||||
| |||||||
1 | provided that the salient features of the request for proposal | ||||||
2 | are not
diminished. | ||||||
3 | This Section is repealed 5 years after the effective date | ||||||
4 | of this amendatory Act of the 95th General Assembly.
| ||||||
5 | (Source: P.A. 95-595, eff. 6-1-08 .) | ||||||
6 | (50 ILCS 20/20.25)
| ||||||
7 | (Section scheduled to be repealed on June 1, 2013) | ||||||
8 | Sec. 20.25. Minority and female owned enterprises; total | ||||||
9 | construction budget. | ||||||
10 | (a) Each year, within 60 days following the end of a | ||||||
11 | commission's fiscal year, the commission shall provide a report | ||||||
12 | to the General Assembly addressing the utilization of minority | ||||||
13 | and female owned business enterprises on design-build | ||||||
14 | projects. | ||||||
15 | (b) The payments for design-build projects by any | ||||||
16 | commission in one fiscal year shall not exceed 25% of the | ||||||
17 | moneys spent on construction projects during the same fiscal | ||||||
18 | year. | ||||||
19 | (b) (c) This Section is repealed 5 years after the | ||||||
20 | effective date of this amendatory Act of the 95th General | ||||||
21 | Assembly.
| ||||||
22 | (Source: P.A. 95-595, eff. 6-1-08 .)
| ||||||
23 | (50 ILCS 20/20.10 rep.)
| ||||||
24 | Section 10. The Public Building Commission Act is amended |
| |||||||
| |||||||
1 | by repealing Section 20.10. | ||||||
2 | Section 15. The Chicago Park District Act is amended by | ||||||
3 | adding Sections 26.10-4, 26.10-5, 26.10-6, 26.10-7, 26.10-8, | ||||||
4 | 26.10-9, 26.10-10, and 26.10-11 as follows: | ||||||
5 | (70 ILCS 1505/26.10-4 new) | ||||||
6 | Sec. 26.10-4. Definitions. The following terms, whenever | ||||||
7 | used or referred to in this Act, have the following meaning | ||||||
8 | unless the context requires a different meaning: | ||||||
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 that incorporates the Local Government | ||||||
13 | Professional Services Selection Act (50 ILCS 510/) and the
| ||||||
14 | principles of competitive selection.
| ||||||
15 | "Design-build" means a delivery system that provides | ||||||
16 | responsibility within a
single contract for the furnishing of | ||||||
17 | architecture, landscape architecture, engineering, land | ||||||
18 | surveying
and related services as required, and the labor, | ||||||
19 | materials, equipment, and
other construction services for the | ||||||
20 | project.
| ||||||
21 | "Design-build contract" means a contract for a public | ||||||
22 | project under this Act
between the Chicago Park District and a | ||||||
23 | design-build entity to furnish
architecture,
engineering, land | ||||||
24 | surveying, and related services as required, and to furnish
the |
| |||||||
| |||||||
1 | labor, materials, equipment, and other construction services | ||||||
2 | for the
project. The design-build contract may be conditioned | ||||||
3 | upon subsequent
refinements in scope and price and may allow | ||||||
4 | the Chicago Park District to
make
modifications in the project | ||||||
5 | scope without invalidating the design-build
contract.
| ||||||
6 | "Design-build entity" means any individual, sole | ||||||
7 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
8 | professional corporation, or other
entity that proposes to | ||||||
9 | design and construct any public project under this Act.
A | ||||||
10 | design-build entity and associated design-build professionals | ||||||
11 | shall conduct themselves in accordance with the laws of this | ||||||
12 | State and the related provisions of the Illinois Administrative | ||||||
13 | Code, as referenced by the licensed design professionals Acts | ||||||
14 | of this State.
| ||||||
15 | "Design professional" means any individual, sole | ||||||
16 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
17 | professional corporation, or other
entity that offers services | ||||||
18 | under the Illinois Architecture Practice Act of
1989 (225 ILCS | ||||||
19 | 305/), the Illinois Landscape Architecture Act of 1989 (225 | ||||||
20 | ILCS 315/), the Professional Engineering Practice Act of 1989 | ||||||
21 | (225
ILCS 325/),
the Structural Engineering Licensing Act of | ||||||
22 | 1989 (225 ILCS 340/), or the
Illinois Professional
Land | ||||||
23 | Surveyor Act of 1989 (225 ILCS 330/).
| ||||||
24 | "Evaluation criteria" means the requirements for the | ||||||
25 | separate phases of the
selection process for design-build | ||||||
26 | proposals as defined in this Act and may include the |
| |||||||
| |||||||
1 | specialized
experience, technical qualifications and | ||||||
2 | competence, capacity to perform, past
performance, experience | ||||||
3 | with similar projects, assignment of personnel to the
project, | ||||||
4 | and other appropriate factors. Price may not be used as a | ||||||
5 | factor in
the evaluation of Phase I 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 | ||||||
10 | Chicago Park District
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 | "Guaranteed maximum price" means a form of contract in | ||||||
21 | which compensation may vary according to the scope of work | ||||||
22 | involved but in any case may not exceed an agreed total amount.
| ||||||
23 | (70 ILCS 1505/26.10-5 new) | ||||||
24 | Sec. 26.10-5. Authorization for design-build; | ||||||
25 | advertisement. |
| |||||||
| |||||||
1 | (a) The Chicago Park District shall have the power to enter | ||||||
2 | into design-build contracts. In addition to the requirements | ||||||
3 | set forth in its ordinances, the Chicago Park District shall | ||||||
4 | advertise a design-build solicitation at least once in a daily | ||||||
5 | newspaper of general circulation in Cook County. The date that | ||||||
6 | Phase I submissions by design-build entities are due must be at | ||||||
7 | least 14 calendar days after the date the newspaper | ||||||
8 | advertisement for design-build proposals is first published. | ||||||
9 | The advertisement shall identify the design-build project, the | ||||||
10 | due date, the place and time for Phase I submissions, and the | ||||||
11 | place where proposers can obtain a complete copy of the request | ||||||
12 | for design-build proposals, including the criteria for | ||||||
13 | evaluation and the scope and performance criteria. The Chicago | ||||||
14 | Park District is not precluded from using other media or from | ||||||
15 | placing advertisements in addition to the one required under | ||||||
16 | this subsection. | ||||||
17 | (b) The Chicago Park District may reject any and all bids | ||||||
18 | and proposals received and may readvertise for bids or issue a | ||||||
19 | new request for design-build proposals. | ||||||
20 | (70 ILCS 1505/26.10-6 new) | ||||||
21 | Sec. 26.10-6. Solicitation of design-build proposals. | ||||||
22 | (a) When the Chicago Park District elects to use the | ||||||
23 | design-build delivery
method, it must
issue a notice of intent | ||||||
24 | to receive proposals for the project at
least 14 days before | ||||||
25 | issuing the request for the proposal. The Chicago Park District
|
| |||||||
| |||||||
1 | must publish the advance notice in a daily newspaper of general | ||||||
2 | circulation in Cook County. The
Chicago Park District is | ||||||
3 | encouraged to use publication of the notice in related | ||||||
4 | construction
industry service publications. A brief | ||||||
5 | description of the proposed procurement
must be included in the | ||||||
6 | notice. The Chicago Park District must provide a
copy of the
| ||||||
7 | request for proposal to any party requesting a copy. | ||||||
8 | (b) The request for proposal shall be prepared for each | ||||||
9 | project and must
contain, without limitation, the following | ||||||
10 | information: | ||||||
11 | (1) A preliminary schedule for the completion of the | ||||||
12 | contract.
| ||||||
13 | (2) The proposed budget for the project, the source of | ||||||
14 | funds, and the
currently available funds at the time the | ||||||
15 | request for proposal is submitted.
| ||||||
16 | (3) Prequalification criteria for design-build | ||||||
17 | entities wishing to submit
proposals.
The Chicago Park | ||||||
18 | District shall include, at a minimum, its normal
| ||||||
19 | prequalification, licensing, registration, and other | ||||||
20 | requirements, but nothing
contained herein precludes the | ||||||
21 | use of additional prequalification criteria
by the Chicago | ||||||
22 | Park District.
| ||||||
23 | (4) Material requirements of the contract, including | ||||||
24 | but not limited to,
the proposed terms and conditions, | ||||||
25 | required performance and payment bonds,
insurance, and the | ||||||
26 | entity's plan to comply with the utilization goals |
| |||||||
| |||||||
1 | established by the corporate authorities of the Chicago | ||||||
2 | Park District for minority and women business enterprises | ||||||
3 | and to comply with Section 2-105 of the Illinois Human | ||||||
4 | Rights Act.
| ||||||
5 | (5) The performance criteria.
| ||||||
6 | (6) The evaluation criteria for each phase of the | ||||||
7 | solicitation.
| ||||||
8 | (7) The number of entities that will be considered for | ||||||
9 | the technical and
cost
evaluation phase.
| ||||||
10 | (c) The Chicago Park District may include any other | ||||||
11 | relevant information
that it
chooses to supply. The | ||||||
12 | design-build entity shall be entitled to rely upon the
accuracy | ||||||
13 | of this documentation in the development of its proposal. | ||||||
14 | (d) The date that proposals are due must be at least 21 | ||||||
15 | calendar days after
the date of the issuance of the request for | ||||||
16 | proposal. In the event the cost of
the project
is estimated to | ||||||
17 | exceed $12,000,000, then the proposal due date must be at least
| ||||||
18 | 28 calendar days after the date of the issuance of the request | ||||||
19 | for proposal.
The Chicago Park District shall include in the | ||||||
20 | request for proposal a
minimum of 30 days
to develop the Phase | ||||||
21 | II submissions after the selection of entities
from the Phase I | ||||||
22 | evaluation is completed. | ||||||
23 | (70 ILCS 1505/26.10-7 new) | ||||||
24 | Sec. 26.10-7. Development of design-build scope and | ||||||
25 | performance criteria. |
| |||||||
| |||||||
1 | (a) The Chicago Park District shall develop, with the | ||||||
2 | assistance of a
licensed design professional, a request
for | ||||||
3 | proposal, which shall include scope and performance criteria.
| ||||||
4 | The scope and performance criteria must be in sufficient detail | ||||||
5 | and contain
adequate information to reasonably apprise the | ||||||
6 | qualified design-build entities
of the Chicago Park District's | ||||||
7 | overall programmatic needs and goals,
including criteria and | ||||||
8 | preliminary design plans,
general budget parameters, schedule, | ||||||
9 | and delivery requirements. | ||||||
10 | (b) Each request for proposal shall also include a | ||||||
11 | description of the level
of design to be provided in the | ||||||
12 | proposals. This description must include the
scope and type of | ||||||
13 | renderings, drawings, and specifications that, at a minimum,
| ||||||
14 | will be required by the Chicago Park District to be produced by | ||||||
15 | the
design-build entities.
| ||||||
16 | (c) The scope and performance criteria shall be prepared by | ||||||
17 | a design
professional who is an employee of the Chicago Park | ||||||
18 | District, or the Chicago Park District may
contract with an | ||||||
19 | independent design professional selected under the
Local | ||||||
20 | Government Professional Services Selection Act (50 ILCS 510/) | ||||||
21 | to provide these services.
| ||||||
22 | (d) The design professional that prepares the scope and | ||||||
23 | performance criteria
is prohibited from participating in any | ||||||
24 | design-build entity proposal for the
project.
| ||||||
25 | (70 ILCS 1505/26.10-8 new) |
| |||||||
| |||||||
1 | Sec. 26.10-8. Procedures for design-build selection. | ||||||
2 | (a) The Chicago Park District must use a two-phase | ||||||
3 | procedure for the
selection of the
successful design-build | ||||||
4 | entity. Phase I of the procedure will evaluate and
shortlist | ||||||
5 | the design-build entities based on qualifications, and Phase II
| ||||||
6 | will
evaluate the technical and cost proposals. | ||||||
7 | (b) The Chicago Park District shall include in the request | ||||||
8 | for proposal
the
evaluating factors to be used in Phase I. | ||||||
9 | These factors are in addition to any
prequalification | ||||||
10 | requirements of design-build entities that the Chicago Park | ||||||
11 | District has set
forth. Each request for proposal shall | ||||||
12 | establish the relative importance
assigned to each evaluation | ||||||
13 | factor and subfactor, including any weighting of
criteria to be | ||||||
14 | employed by the Chicago Park District. The Chicago Park | ||||||
15 | District must maintain a
record of the evaluation scoring to be | ||||||
16 | disclosed in event of a protest
regarding the solicitation.
| ||||||
17 | The Chicago Park District shall include the following | ||||||
18 | criteria in every
Phase I
evaluation of design-build entities: | ||||||
19 | (1) experience of personnel; (2)
successful
experience with | ||||||
20 | similar project types; (3) financial capability; (4) | ||||||
21 | timeliness
of past performance; (5) experience with similarly | ||||||
22 | sized projects; (6)
successful reference checks of the firm; | ||||||
23 | (7) commitment to assign personnel
for the duration of the | ||||||
24 | project and qualifications of the entity's consultants; and (8) | ||||||
25 | ability or past performance in meeting or exhausting good faith | ||||||
26 | efforts to meet the utilization goals for minority and women |
| |||||||
| |||||||
1 | business enterprises established by the corporate authorities | ||||||
2 | of the Chicago Park District and in complying with Section | ||||||
3 | 2-105 of the Illinois Human Rights Act. The Chicago Park | ||||||
4 | District may include any additional relevant criteria in Phase | ||||||
5 | I that it deems necessary for a proper qualification review.
| ||||||
6 | The Chicago Park District may include any additional relevant | ||||||
7 | criteria in
Phase I that
it deems necessary for a proper | ||||||
8 | qualification review.
| ||||||
9 | The Chicago Park District may not consider any design-build | ||||||
10 | entity for
evaluation or
award if the entity has any pecuniary | ||||||
11 | interest in the project or has other
relationships or | ||||||
12 | circumstances, including but not limited to, long-term
| ||||||
13 | leasehold, mutual performance, or development contracts with | ||||||
14 | the Chicago Park District,
that may give the design-build | ||||||
15 | entity a financial or tangible advantage over
other | ||||||
16 | design-build entities in the preparation, evaluation, or | ||||||
17 | performance of
the
design-build contract or that create the | ||||||
18 | appearance of impropriety. No design-build proposal shall be | ||||||
19 | considered that does not include an entity's plan to comply | ||||||
20 | with the requirements established in the minority and women | ||||||
21 | business enterprises and economically disadvantaged firms | ||||||
22 | established by the corporate authorities of the Chicago Park | ||||||
23 | District and with Section 2-105 of the Illinois Human Rights | ||||||
24 | Act.
| ||||||
25 | Upon completion of the qualifications evaluation, the | ||||||
26 | Chicago Park District shall
create a shortlist of the most |
| |||||||
| |||||||
1 | highly qualified design-build entities. The
Chicago Park | ||||||
2 | District, in its discretion, is not required to shortlist the
| ||||||
3 | maximum number of
entities as identified for Phase II | ||||||
4 | evaluation, provided however, no less than
2
design-build | ||||||
5 | entities nor more than 6 are selected to submit Phase II
| ||||||
6 | proposals.
| ||||||
7 | The Chicago Park District shall notify the entities | ||||||
8 | selected for the
shortlist in
writing. This notification shall | ||||||
9 | commence the period for the preparation of the
Phase II | ||||||
10 | technical and cost evaluations. The Chicago Park District must
| ||||||
11 | allow sufficient
time for the shortlist entities to prepare | ||||||
12 | their Phase II submittals
considering
the scope and detail | ||||||
13 | requested by the Chicago Park District.
| ||||||
14 | (c) The Chicago Park District shall include in the request | ||||||
15 | for proposal
the
evaluating factors to be used in the technical | ||||||
16 | and cost submission components
of Phase II. Each request for | ||||||
17 | proposal shall establish, for both the technical
and cost | ||||||
18 | submission components of Phase II, the relative importance | ||||||
19 | assigned to
each evaluation factor and subfactor, including any | ||||||
20 | weighting of criteria to be
employed by the Chicago Park | ||||||
21 | District. The Chicago Park District must
maintain a record of | ||||||
22 | the
evaluation scoring to be disclosed in event of a protest | ||||||
23 | regarding the
solicitation.
| ||||||
24 | The Chicago Park District shall include the following | ||||||
25 | criteria in every
Phase II
technical evaluation of design-build | ||||||
26 | entities: (1) compliance with objectives
of
the
project; (2) |
| |||||||
| |||||||
1 | compliance of proposed services to the request for proposal
| ||||||
2 | requirements; (3) quality of products or materials proposed; | ||||||
3 | (4) quality of
design parameters; (5) design concepts; (6) | ||||||
4 | innovation in meeting the scope and
performance criteria; and | ||||||
5 | (7) constructability of the
proposed project. The Chicago Park | ||||||
6 | District may include any additional
relevant
technical | ||||||
7 | evaluation factors it deems necessary for proper selection.
| ||||||
8 | The Chicago Park District shall include the following | ||||||
9 | criteria in every
Phase II cost
evaluation: the guaranteed | ||||||
10 | maximum project cost and the time of
completion. The Chicago | ||||||
11 | Park District may include any additional relevant
technical
| ||||||
12 | evaluation factors it deems necessary for proper selection. The | ||||||
13 | guaranteed maximum project cost criteria weighing factor shall | ||||||
14 | not exceed 30%.
| ||||||
15 | The Chicago Park District shall directly employ or retain a | ||||||
16 | licensed
design
professional to evaluate the technical and cost | ||||||
17 | submissions to determine if the
technical submissions are in | ||||||
18 | accordance with generally
accepted industry standards.
| ||||||
19 | Upon completion of the technical submissions and cost | ||||||
20 | submissions evaluation,
the Chicago Park District may award the | ||||||
21 | design-build contract to the
highest
overall ranked entity.
| ||||||
22 | (70 ILCS 1505/26.10-9 new) | ||||||
23 | Sec. 26.10-9. Small design-build projects. In any case | ||||||
24 | where the total overall cost of the
project is estimated to be | ||||||
25 | less than $12,000,000, the Chicago Park District
may combine
|
| |||||||
| |||||||
1 | the two-phase procedure for design-build selection described | ||||||
2 | in Section 26.10-8 into one combined
step, provided that all | ||||||
3 | the requirements of evaluation are performed in
accordance with | ||||||
4 | Section 26.10-8. | ||||||
5 | (70 ILCS 1505/26.10-10 new) | ||||||
6 | Sec. 26.10-10. Submission of design-build proposals. | ||||||
7 | Design-build proposals must be properly identified
and sealed. | ||||||
8 | Proposals may not be reviewed until after the deadline for
| ||||||
9 | submission has passed as set forth in the request for | ||||||
10 | proposals. All
design-build entities submitting proposals | ||||||
11 | shall be disclosed after the
deadline
for submission, and all | ||||||
12 | design-build entities who are selected for Phase II
evaluation | ||||||
13 | shall also be disclosed at the time of that determination. | ||||||
14 | Phase II design-build proposals shall include a bid bond in | ||||||
15 | the form and security as designated in
the request for | ||||||
16 | proposals. Proposals shall also contain a separate sealed
| ||||||
17 | envelope with the cost information within the overall proposal | ||||||
18 | submission.
Proposals shall include a list of all design | ||||||
19 | professionals and other entities
to which any work may be | ||||||
20 | subcontracted during the performance of the contract.
| ||||||
21 | Proposals must meet all material requirements of the | ||||||
22 | request for proposal or
they may be rejected as non-responsive. | ||||||
23 | The Chicago Park District shall
have the right
to reject any | ||||||
24 | and all proposals.
| ||||||
25 | The drawings and specifications of any unsuccessful |
| |||||||
| |||||||
1 | design-build proposal shall remain the property of
the | ||||||
2 | design-build entity.
| ||||||
3 | The Chicago Park District shall review the proposals for | ||||||
4 | compliance with
the
performance criteria and evaluation | ||||||
5 | factors.
| ||||||
6 | Proposals may be withdrawn prior to the due date and time | ||||||
7 | for submissions for any cause. After
evaluation begins by the | ||||||
8 | Chicago Park District, clear and convincing
evidence of error
| ||||||
9 | is required for withdrawal.
| ||||||
10 | (70 ILCS 1505/26.10-11 new) | ||||||
11 | Sec. 26.10-11. Design-build award. The Chicago Park | ||||||
12 | District may award a design-build contract to
the highest
| ||||||
13 | overall ranked entity. Notice of award shall be made in | ||||||
14 | writing. Unsuccessful
entities shall also be notified in | ||||||
15 | writing. The Chicago Park District may
not request a
best and | ||||||
16 | final offer after the receipt of proposals. The Chicago Park | ||||||
17 | District may
negotiate with the selected design-build entity | ||||||
18 | after award but prior to
contract
execution for the purpose of | ||||||
19 | securing better terms than originally proposed,
provided that | ||||||
20 | the salient features of the request for proposal are not
| ||||||
21 | diminished.
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
|