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