Full Text of SB0943 93rd General Assembly
SB0943ham002 93RD GENERAL ASSEMBLY
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Rep. Jay C. Hoffman
Filed: 5/17/2004
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| AMENDMENT TO SENATE BILL 943
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| AMENDMENT NO. ______. Amend Senate Bill 943 by replacing | 3 |
| everything after the enacting clause with the following:
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| "ARTICLE 1 | 5 |
| GENERAL PROVISIONS | 6 |
| Section 1-1. Short title. This Act may be cited as the | 7 |
| Design-Build
Procurement Act . | 8 |
| Section 1-5. Legislative policy. It is the intent of the | 9 |
| General Assembly
that
the State construction agencies be | 10 |
| allowed to use the design-build delivery method
for public
| 11 |
| projects if it is shown to be in the State's best interest for | 12 |
| that particular
project. It shall be the policy of the State | 13 |
| construction agencies in the
procurement of
design-build | 14 |
| services to publicly announce all requirements for | 15 |
| design-build
services and to procure these services on the | 16 |
| basis of demonstrated competence
and qualifications and with | 17 |
| due regard for the principles of competitive
selection.
| 18 |
| Each State construction agency shall, prior to issuing | 19 |
| requests for proposals,
promulgate
and publish procedures for | 20 |
| the solicitation and award of contracts pursuant to
this Act.
| 21 |
| Each State construction agency shall, for each public | 22 |
| project or projects
permitted under
this Act, make a written | 23 |
| determination, including a description as to the
particular |
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| advantages of the design-build procurement method, that it is | 2 |
| in the
best interests of this State to enter into a | 3 |
| design-build contract for the
project or projects. In making | 4 |
| that determination, the following factors shall
be considered:
| 5 |
| (1) The probability that the design-build procurement | 6 |
| method will be in
the best interests of the State by | 7 |
| providing a material savings of time or
cost over the | 8 |
| design-bid-build or other delivery system.
| 9 |
| (2) The type and size of the project and its | 10 |
| suitability to the
design-build procurement method.
| 11 |
| (3) The ability of the State construction agency to | 12 |
| define and provide
comprehensive
scope and performance | 13 |
| criteria for the project.
| 14 |
| The State construction agency shall within 15 days after | 15 |
| the initial
determination provide an advisory copy to the | 16 |
| Procurement Policy Board and
maintain the full record of | 17 |
| determination for 5 years.
| 18 |
| ARTICLE 5 | 19 |
| CAPITAL DEVELOPMENT BOARD | 20 |
| Section 5-10. Definitions. As used in this Article:
| 21 |
| "State construction agency" means the Capital Development | 22 |
| Board.
| 23 |
| "Delivery system" means the design and construction | 24 |
| approach used to develop
and construct a project.
| 25 |
| "Design-bid-build" means the traditional delivery system | 26 |
| used on public
projects in this State that incorporates the | 27 |
| Architectural, Engineering, and
Land Surveying Qualification | 28 |
| Based Selection Act (30 ILCS 535/) and the
principles of | 29 |
| competitive selection in the Illinois Procurement Code (30 ILCS
| 30 |
| 500/).
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| "Design-build" means a delivery system that provides | 32 |
| responsibility within a
single contract for the furnishing of |
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| architecture, engineering, land surveying
and related services | 2 |
| as required, and the labor, materials, equipment, and
other | 3 |
| construction services for the project.
| 4 |
| "Design-build contract" means a contract for a public | 5 |
| project under this Act
between the State construction agency | 6 |
| and a design-build entity to furnish
architecture,
| 7 |
| engineering, land surveying, and related services as required, | 8 |
| and to furnish
the labor, materials, equipment, and other | 9 |
| construction services for the
project. The design-build | 10 |
| contract may be conditioned upon subsequent
refinements in | 11 |
| scope and price and may allow the State construction agency to
| 12 |
| make
modifications in the project scope without invalidating | 13 |
| the design-build
contract.
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| "Design-build entity" means any individual, sole | 15 |
| proprietorship, firm,
partnership, joint venture, corporation, | 16 |
| professional corporation, or other
entity that proposes to | 17 |
| design and construct any public project under this Act.
A | 18 |
| design-build entity and associated design-build professionals | 19 |
| shall conduct themselves in accordance with the laws of this | 20 |
| State and the related provisions of the Illinois Administrative | 21 |
| Code, as referenced by the licensed design professionals Acts | 22 |
| of this State.
| 23 |
| "Design professional" means any individual, sole | 24 |
| proprietorship, firm,
partnership, joint venture, corporation, | 25 |
| professional corporation, or other
entity that offers services | 26 |
| under the Illinois Architecture Practice Act of
1989 (225 ILCS | 27 |
| 305/), the Professional Engineering Practice Act of 1989 (225
| 28 |
| ILCS 325/),
the Structural Engineering Licensing Act of 1989 | 29 |
| (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | 30 |
| of 1989 (225 ILCS 330/).
| 31 |
| "Evaluation criteria" means the requirements for the | 32 |
| separate phases of the
selection process as defined in this Act | 33 |
| and may include the specialized
experience, technical | 34 |
| qualifications and competence, capacity to perform, past
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| performance, experience with similar projects, assignment of | 2 |
| personnel to the
project, and other appropriate factors. Price | 3 |
| may not be used as a factor in
the evaluation of Phase I | 4 |
| proposals.
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| "Proposal" means the offer to enter into a design-build | 6 |
| contract as submitted
by a design-build entity in accordance | 7 |
| with this Article.
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| "Request for proposal" means the document used by the State | 9 |
| construction agency
to solicit
proposals for a design-build | 10 |
| contract.
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| "Scope and performance criteria" means the requirements | 12 |
| for the public
project, including but not limited to, the | 13 |
| intended usage, capacity, size,
scope, quality and performance | 14 |
| standards, life-cycle costs, and other
programmatic criteria | 15 |
| that are expressed in performance-oriented and
quantifiable | 16 |
| specifications and drawings that can be reasonably inferred and
| 17 |
| are suited to allow a design-build entity to develop a | 18 |
| proposal.
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| Section 5-15. Solicitation of proposals.
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| (a) When the State construction agency elects to use the | 21 |
| design-build delivery
method, it must
issue a notice of intent | 22 |
| to receive requests for proposals for the project at
least 14 | 23 |
| days before issuing the request for the proposal. The State
| 24 |
| construction agency
must publish the advance notice in the | 25 |
| official procurement bulletin of the
State or the professional | 26 |
| services bulletin of the State construction agency,
if any. The
| 27 |
| agency is encouraged to use publication of the notice in | 28 |
| related construction
industry service publications. A brief | 29 |
| description of the proposed procurement
must be included in the | 30 |
| notice. The State construction agency must provide a
copy of | 31 |
| the
request for proposal to any party requesting a copy.
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| (b) The request for proposal shall be prepared for each | 33 |
| project and must
contain, without limitation, the following |
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| information:
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| (1) The name of the State construction agency.
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| (2) A preliminary schedule for the completion of the | 4 |
| contract.
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| (3) The proposed budget for the project, the source of | 6 |
| funds, and the
currently available funds at the time the | 7 |
| request for proposal is submitted.
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| (4) Prequalification criteria for design-build | 9 |
| entities wishing to submit
proposals.
The State | 10 |
| construction agency shall include, at a minimum, its normal
| 11 |
| prequalification, licensing, registration, and other | 12 |
| requirements, but nothing
contained herein precludes the | 13 |
| use of additional prequalification criteria
by the State | 14 |
| construction agency.
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| (5) Material requirements of the contract, including | 16 |
| but not limited to,
the proposed terms and conditions, | 17 |
| required performance and payment bonds,
insurance, | 18 |
| affirmative action, and workforce requirements, if any.
| 19 |
| (6) The performance criteria.
| 20 |
| (7) The evaluation criteria for each phase of the | 21 |
| solicitation.
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| (8) The number of entities that will be considered for | 23 |
| the technical and
cost
evaluation phase.
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| (c) The State construction agency may include any other | 25 |
| relevant information
that it
chooses to supply. The | 26 |
| design-build entity shall be entitled to rely upon the
accuracy | 27 |
| of this documentation in the development of its proposal.
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| (d) The date that proposals are due must be at least 21 | 29 |
| calendar days after
the date of the issuance of the request for | 30 |
| proposal. In the event the cost of
the project
is estimated to | 31 |
| exceed $10 million, then the proposal due date must be at least
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| 28 calendar days after the date of the issuance of the request | 33 |
| for proposal.
The State construction agency shall include in | 34 |
| the request for proposal a
minimum of 30 days
to develop the |
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| Phase II submissions after the selection of entities
from the | 2 |
| Phase I evaluation is completed.
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| Section 5-20. Development of scope and performance | 4 |
| criteria.
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| (a) The State construction agency shall develop, with the | 6 |
| assistance of a
licensed design professional, a request
for | 7 |
| proposal, which shall include scope and performance criteria.
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| The scope and performance criteria must be in sufficient detail | 9 |
| and contain
adequate information to reasonably apprise the | 10 |
| qualified design-build entities
of the State construction | 11 |
| agency's overall programmatic needs and goals,
including | 12 |
| criteria and preliminary design plans,
general budget | 13 |
| parameters, schedule, and delivery requirements.
| 14 |
| (b) Each request for proposal shall also include a | 15 |
| description of the level
of design to be provided in the | 16 |
| proposals. This description must include the
scope and type of | 17 |
| renderings, drawings, and specifications that, at a minimum,
| 18 |
| will be required by the State construction agency to be | 19 |
| produced by the
design-build entities.
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| (c) The scope and performance criteria shall be prepared by | 21 |
| a design
professional who is an employee of the State | 22 |
| construction agency, or the State
construction
agency may
| 23 |
| contract with an independent design professional selected | 24 |
| under the
Architectural, Engineering and Land Surveying | 25 |
| Qualification Based Selection Act
(30 ILCS 535/) to provide | 26 |
| these services.
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| (d) The design professional that prepares the scope and | 28 |
| performance criteria
is prohibited from participating in any | 29 |
| design-build entity proposal for the
project.
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| Section 5-25. Selection Committee.
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| (a) When the State construction agency elects to use the | 32 |
| design-build
delivery method, it
shall establish a committee to |
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| evaluate and select the design-build entity. The
committee, | 2 |
| under the discretion of the State construction agency, shall | 3 |
| consist
of 3, 5, or
7 members and shall include at least one | 4 |
| licensed design professional and one
member of the public. The | 5 |
| public
member may not be employed or associated with any firm | 6 |
| holding a contract with
the State construction agency and shall | 7 |
| be nominated by design or construction
industry associations. | 8 |
| The selection committee may be designated for a set term
or
for | 9 |
| the particular project subject to the request for proposal.
| 10 |
| (b) The members of the selection committee must certify for | 11 |
| each request for
proposal that no conflict of interest exists | 12 |
| between the members and the
design-build entities submitting | 13 |
| proposals. If a conflict exists, the member
must
be replaced | 14 |
| before any review of proposals.
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| Section 5-30. Procedures for Selection.
| 16 |
| (a) The State construction agency must use a two-phase | 17 |
| procedure for the
selection of the
successful design-build | 18 |
| entity. Phase I of the procedure will evaluate and
shortlist | 19 |
| the design-build entities based on qualifications, and Phase II
| 20 |
| will
evaluate the technical and cost proposals.
| 21 |
| (b) The State construction agency shall include in the | 22 |
| request for proposal
the
evaluating factors to be used in Phase | 23 |
| I. These factors are in addition to any
prequalification | 24 |
| requirements of design-build entities that the agency has set
| 25 |
| forth. Each request for proposal shall establish the relative | 26 |
| importance
assigned to each evaluation factor and subfactor, | 27 |
| including any weighting of
criteria to be employed by the State | 28 |
| construction agency. The State
construction agency must | 29 |
| maintain a
record of the evaluation scoring to be disclosed in | 30 |
| event of a protest
regarding the solicitation.
| 31 |
| The State construction agency shall include the following | 32 |
| criteria in every
Phase I
evaluation of design-build entities: | 33 |
| (1) experience of personnel; (2)
successful
experience with |
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| similar project types; (3) financial capability; (4) | 2 |
| timeliness
of past performance; (5) experience with similarly | 3 |
| sized projects; (6)
successful reference checks of the firm; | 4 |
| and (7) commitment to assign personnel
for the duration of the | 5 |
| project and qualifications of the entity's consultants.
The | 6 |
| State construction agency may include any additional relevant | 7 |
| criteria in
Phase I that
it deems necessary for a proper | 8 |
| qualification review.
| 9 |
| The State construction agency may not consider any | 10 |
| design-build entity for
evaluation or
award if the entity has | 11 |
| any pecuniary interest in the project or has other
| 12 |
| relationships or circumstances, including but not limited to, | 13 |
| long-term
leasehold, mutual performance, or development | 14 |
| contracts with the State
construction agency,
that may give the | 15 |
| design-build entity a financial or tangible advantage over
| 16 |
| other design-build entities in the preparation, evaluation, or | 17 |
| performance of
the
design-build contract or that create the | 18 |
| appearance of impropriety.
| 19 |
| Upon completion of the qualifications evaluation, the | 20 |
| State construction
agency shall
create a shortlist of the most | 21 |
| highly qualified design-build entities. The
State
construction | 22 |
| agency, in its discretion, is not required to shortlist the
| 23 |
| maximum number of
entities as identified for Phase II | 24 |
| evaluation, provided however, no less than
2
design-build | 25 |
| entities nor more than 6 are selected to submit Phase II
| 26 |
| proposals.
| 27 |
| The State construction agency shall notify the entities | 28 |
| selected for the
shortlist in
writing. This notification shall | 29 |
| commence the period for the preparation of the
Phase II | 30 |
| technical and cost evaluations. The State construction agency | 31 |
| must
allow sufficient
time for the shortlist entities to | 32 |
| prepare their Phase II submittals
considering
the scope and | 33 |
| detail requested by the State agency.
| 34 |
| (c) The State construction agency shall include in the |
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| request for proposal
the
evaluating factors to be used in the | 2 |
| technical and cost submission components
of Phase II. Each | 3 |
| request for proposal shall establish, for both the technical
| 4 |
| and cost submission components of Phase II, the relative | 5 |
| importance assigned to
each evaluation factor and subfactor, | 6 |
| including any weighting of criteria to be
employed by the State | 7 |
| construction agency. The State construction agency must
| 8 |
| maintain a record of the
evaluation scoring to be disclosed in | 9 |
| event of a protest regarding the
solicitation.
| 10 |
| The State construction agency shall include the following | 11 |
| criteria in every
Phase II
technical evaluation of design-build | 12 |
| entities: (1) compliance with objectives
of
the
project; (2) | 13 |
| compliance of proposed services to the request for proposal
| 14 |
| requirements; (3) quality of products or materials proposed; | 15 |
| (4) quality of
design parameters; (5) design concepts; (6) | 16 |
| innovation in meeting the scope and
performance criteria; and | 17 |
| (7) constructability of the
proposed project. The State | 18 |
| construction agency may include any additional
relevant
| 19 |
| technical evaluation factors it deems necessary for proper | 20 |
| selection.
| 21 |
| The State construction agency shall include the following | 22 |
| criteria in every
Phase II cost
evaluation: the total project | 23 |
| cost, the construction costs, and the time of
completion. The | 24 |
| State construction agency may include any additional relevant
| 25 |
| technical
evaluation factors it deems necessary for proper | 26 |
| selection. The total project cost criteria weighing factor | 27 |
| shall be 25%.
| 28 |
| The State construction agency shall directly employ or | 29 |
| retain a licensed
design
professional to evaluate the technical | 30 |
| and cost submissions to determine if the
technical submissions | 31 |
| are in accordance with generally
accepted industry standards.
| 32 |
| Upon completion of the technical submissions and cost | 33 |
| submissions evaluation,
the State construction agency may | 34 |
| award the design-build contract to the
highest
overall ranked |
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| entity.
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| Section 5-35. Small projects. In any case where the total | 3 |
| overall cost of the
project is estimated to be less than $10 | 4 |
| million, the State construction agency
may combine
the | 5 |
| two-phase procedure for selection described in Section 30 into | 6 |
| one combined
step, provided that all the requirements of | 7 |
| evaluation are performed in
accordance with Section 30.
| 8 |
| Section 5-40. Submission of proposals. Proposals must be | 9 |
| properly identified
and sealed. Proposals may not be reviewed | 10 |
| until after the deadline for
submission has passed as set forth | 11 |
| in the request for proposals. All
design-build entities | 12 |
| submitting proposals shall be disclosed after the
deadline
for | 13 |
| submission, and all design-build entities who are selected for | 14 |
| Phase II
evaluation shall also be disclosed at the time of that | 15 |
| determination.
| 16 |
| Proposals shall include a bid bond in the form and security | 17 |
| as designated in
the request for proposals. Proposals shall | 18 |
| also contain a separate sealed
envelope with the cost | 19 |
| information within the overall proposal submission.
Proposals | 20 |
| shall include a list of all design professionals and other | 21 |
| entities
as defined in Section 30-30 of the Illinois | 22 |
| Procurement Code to which any work may be subcontracted during | 23 |
| the performance of the contract. Any entity that will perform | 24 |
| any of the 5 subdivisions of work defined in Section 30-30 of | 25 |
| the Illinois Procurement Code must meet prequalification | 26 |
| standards of the State construction agency.
| 27 |
| Proposals must meet all material requirements of the | 28 |
| request for proposal or
they may be rejected as non-responsive. | 29 |
| The State construction agency shall
have the right
to reject | 30 |
| any and all proposals.
| 31 |
| The drawings and specifications of the proposal shall | 32 |
| remain the property of
the design-build entity.
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| The State construction agency shall review the proposals | 2 |
| for compliance with
the
performance criteria and evaluation | 3 |
| factors.
| 4 |
| Proposals may be withdrawn prior to evaluation for any | 5 |
| cause. After
evaluation begins by the State construction | 6 |
| agency, clear and convincing
evidence of error
is required for | 7 |
| withdrawal.
| 8 |
| Section 5-45. Award. The State construction agency may | 9 |
| award the contract to
the highest
overall ranked entity. Notice | 10 |
| of award shall be made in writing. Unsuccessful
entities shall | 11 |
| also be notified in writing. The State construction agency may
| 12 |
| not request a
best and final offer after the receipt of | 13 |
| proposals. The State construction
agency may
negotiate with the | 14 |
| selected design-build entity after award but prior to
contract
| 15 |
| execution for the purpose of securing better terms than | 16 |
| originally proposed,
provided that the salient features of the | 17 |
| request for proposal are not
diminished.
| 18 |
| Section 5-50. Administrative Procedure Act. The Illinois
| 19 |
| Administrative Procedure Act (5 ILCS 100/) applies to all
| 20 |
| administrative rules and procedures of the State construction | 21 |
| agency under this
Article except that nothing herein shall be | 22 |
| construed to render any prequalification or other | 23 |
| responsibility criteria as a "license" or "licensing" under | 24 |
| that Act.
| 25 |
| Section 5-53. Federal requirements. In the procurement of | 26 |
| design-build
contracts, the State construction agency shall | 27 |
| comply with federal law and
regulations and take all necessary | 28 |
| steps to adapt their rules, policies, and
procedures to remain | 29 |
| eligible for federal aid.
| 30 |
| ARTICLE 10 |
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| DEPARTMENT OF TRANSPORTATION AND TOLL HIGHWAY AUTHORITY | 2 |
| Section 10-10. Authority for use. The Illinois Department | 3 |
| of Transportation and the Illinois State Toll Highway | 4 |
| Authority, as the State highway construction agencies, may | 5 |
| provide for use of a design-build method of source selection | 6 |
| for highway construction projects, on highways subject to their | 7 |
| jurisdiction, in order to demonstrate and evaluate the use, | 8 |
| advantages, and disadvantages of that method of source | 9 |
| selection for highway construction projects. It shall be the | 10 |
| policy of the State for the use of such method to publicly | 11 |
| announce all requirements for design-build services, and to | 12 |
| procure such services on the basis of demonstrated competence | 13 |
| and qualifications with due regard for the principles of | 14 |
| competitive selection. The State highway construction agency | 15 |
| undertaking demonstration projects selected under the | 16 |
| authority of this Article shall evaluate and submit a report as | 17 |
| prescribed in Section 10-80 of this Article on the design-build | 18 |
| method compared to the traditional method by considering the | 19 |
| following factors:
| 20 |
| (1) The relative advantages and disadvantages, | 21 |
| considering time, cost, and the resources of the agency to | 22 |
| achieving the final completion of the project.
| 23 |
| (2) The type, size, and suitability of projects to the | 24 |
| design-build method of source selection.
| 25 |
| (3) The ability of the agency to define and provide | 26 |
| comprehensive scope and performance criteria for the | 27 |
| construction project as required by this Article, as well | 28 |
| as what may be possible under a design-build contract | 29 |
| providing for greater conceptual responsibility for the | 30 |
| design-build entity.
| 31 |
| Projects selected by the Illinois Department of | 32 |
| Transportation for demonstration under this Article shall be | 33 |
| identified in the annual highway construction program document |
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| published by the Department pursuant to Section 2705-200 of the | 2 |
| Department of Transportation Law of the Civil Administrative | 3 |
| Code of Illinois.
| 4 |
| Section 10-15. Definitions. As used in this Article: | 5 |
| "Agency", "State construction agency", "State highway | 6 |
| construction agency", and "State transportation construction | 7 |
| agency" mean the Illinois Department of Transportation or the | 8 |
| Illinois State Toll Highway Authority. | 9 |
| "Design-bid-build" means the traditional method of source | 10 |
| selection used on highway construction projects in this State | 11 |
| with authority provided by the Architectural, Engineering, and | 12 |
| Land Surveying Qualifications Based Selection Act and the | 13 |
| Illinois Procurement Code to select separate design and | 14 |
| construction contractors.
| 15 |
| "Design-build" means a method of source selection that | 16 |
| allows the selection of a single contractor for the furnishing | 17 |
| of engineering, land surveying and related design services, and | 18 |
| the labor, materials, equipment, and other construction | 19 |
| services for the project.
| 20 |
| "Design-build contract" means a contract for a highway | 21 |
| construction project procured under this Article between a | 22 |
| State highway construction agency and a design-build entity to | 23 |
| furnish engineering, land surveying, and related design | 24 |
| services, and the labor, materials, equipment, and other | 25 |
| construction services for the project. The design-build | 26 |
| contract may be conditioned upon subsequent germane | 27 |
| refinements in scope and price, and may allow the State highway | 28 |
| construction agency to make germane modifications in the | 29 |
| project scope and contract price without invalidating the | 30 |
| design-build contract.
| 31 |
| "Design-build entity" means any entity organized in a | 32 |
| manner recognized in law that proposes to design and build a | 33 |
| highway construction project under this Article.
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| "Design professional" means the member of the design-build | 2 |
| entity that is licensed to offer services under the | 3 |
| Professional Engineering Practice Act of 1989, the Structural | 4 |
| Engineering Licensing Act of 1989, the Illinois Professional | 5 |
| Land Surveyor Act of 1989, or the Illinois Architecture | 6 |
| Practice Act of 1989.
| 7 |
| "Evaluation criteria" means the requirements to be used for | 8 |
| the selection process as defined in this Article to judge the | 9 |
| responsiveness and quality of the technical design component of | 10 |
| a proposal prepared by the design professional member of the | 11 |
| design-build entity, including achievement of the scope and | 12 |
| performance criteria, and any specialized technical | 13 |
| requirements and design tasks contained in the request for | 14 |
| proposals. The manner of scoring the technical components shall | 15 |
| be set forth in the evaluation criteria. The manner of judging | 16 |
| proposed costs shall be as provided in this Article.
| 17 |
| "Proposal" means the offer to enter into a design-build | 18 |
| contract as submitted by a design-build entity in response to a | 19 |
| request for proposals issued in accordance with this Article.
| 20 |
| "Qualification criteria" means the procedures and criteria | 21 |
| used by the State highway construction agency to assess the | 22 |
| responsibility of a potential design-build entity contractor, | 23 |
| including but not limited to, competence, financial capacity to | 24 |
| perform, past performance, prior experience, and personnel | 25 |
| resources. The State highway construction agency is authorized | 26 |
| to use existing prequalification procedures for purposes of | 27 |
| this Article.
| 28 |
| "Request for proposal" means the document used by a State | 29 |
| highway construction agency to solicit proposals for a | 30 |
| design-build contract.
| 31 |
| "Scope and performance criteria" means the requirements | 32 |
| for the project, including but not limited to, the intended | 33 |
| usage, capacity, size, scope, quality and performance | 34 |
| standards, life-cycle costs, and other programmatic criteria |
|
|
|
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| 1 |
| that are expressed in performance-oriented and quantifiable | 2 |
| specifications and drawings or that can be reasonably inferred | 3 |
| and that are suitable to allow a design-build entity to develop | 4 |
| a proposal and final plans for a project under this Article.
| 5 |
| Section 10-20. Scope and performance criteria. The State | 6 |
| highway construction agency shall develop the scope and | 7 |
| performance criteria. The scope and performance criteria shall | 8 |
| be in reasonably sufficient detail and contain reasonably | 9 |
| adequate information to inform the qualified design-build | 10 |
| entities of the State highway construction agency's overall | 11 |
| needs and goals, including, but not limited to, applicable | 12 |
| standards adopted by the agency governing the work of the | 13 |
| project, preliminary design plans, anticipated or acceptable | 14 |
| schedules, and any optional or mandatory delivery | 15 |
| requirements. The scope and performance criteria shall also | 16 |
| include a description of the level of design to be provided in | 17 |
| the proposals. This description must include the scope and type | 18 |
| of renderings, drawings, and specifications that, at a minimum, | 19 |
| will be required to be produced by the design-build entity for | 20 |
| the proposal and for the final plans. The scope and performance | 21 |
| criteria shall be prepared by an appropriately licensed design | 22 |
| professional who may be an employee of the agency, or the | 23 |
| agency may contract with an independent design professional | 24 |
| selected in accordance with the Architectural, Engineering and | 25 |
| Land Surveying Qualification Based Selection Act to provide | 26 |
| these services. The design professional that prepares the scope | 27 |
| and performance criteria is prohibited from participating in | 28 |
| any design-build entity proposal for the project.
| 29 |
| Section 10-25. Solicitation of design-build proposals. | 30 |
| Design-build contracts shall be procured by a request for | 31 |
| proposals process conforming to this Article. A request for | 32 |
| proposals shall be prepared for each project containing the |
|
|
|
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| 1 |
| following minimum information:
| 2 |
| (1) The State transportation construction agency that | 3 |
| will award the design-build contract.
| 4 |
| (2) The desired schedule for the completion of the | 5 |
| project or the manner in which proposed schedules be | 6 |
| accepted.
| 7 |
| (3) The qualification criteria for design-build | 8 |
| entities desiring to submit proposals.
| 9 |
| (4) The terms and conditions of the contract that will | 10 |
| govern performance.
| 11 |
| (5) The scope and performance criteria governing the | 12 |
| contract.
| 13 |
| (6) The evaluation criteria used to score the technical | 14 |
| component of proposals.
| 15 |
| (7) The requirements for identification of the | 16 |
| design-build team members.
| 17 |
| (8) The date, time, and place that proposals are due | 18 |
| that in no case shall be less than 30 calendar days after | 19 |
| the date of the issuance of the request for proposals.
| 20 |
| (9) The date, time, and place that the cost component | 21 |
| of accepted proposals will be publicly opened and read.
| 22 |
| Section 10-30. Publication of requests for proposals. All | 23 |
| requests for design-build proposals shall be published in the | 24 |
| volume of the Illinois Procurement Bulletin used by the State | 25 |
| highway construction agency for its regular construction | 26 |
| contract lettings pursuant to the Illinois Procurement Code. | 27 |
| Section 10-35. Submission of proposals. Proposals shall be | 28 |
| accepted from design-build entities meeting the qualification | 29 |
| criteria of the request for proposals. Proposals shall consist | 30 |
| of a technical component and a cost component. The cost | 31 |
| component shall be contained in a separate sealed envelope | 32 |
| within the overall proposal submission. Proposals shall |
|
|
|
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| 1 |
| include a bid bond in the form and security as designated in | 2 |
| the request for proposals. Proposals must be properly | 3 |
| identified and sealed. Proposals shall conform in all material | 4 |
| respects to the request for proposal or they may be rejected as | 5 |
| non-responsive. The State transportation construction agency | 6 |
| shall have the right to reject any and all proposals and to | 7 |
| waive technicalities. Any drawings and specifications | 8 |
| contained in proposals not selected shall remain the property | 9 |
| of the design-build entity. Proposals may be withdrawn prior to | 10 |
| evaluation for any reason.
| 11 |
| Section 10-40. Selection committee. The State highway | 12 |
| construction agency shall establish a selection committee to | 13 |
| evaluate the technical components of the proposals. The | 14 |
| selection committee shall consist of 5 members, 3 of whom shall | 15 |
| be professionally licensed officers or employees of the agency | 16 |
| and 2 of whom shall be public members. The public members may | 17 |
| not be employed or associated with any firm holding a contract | 18 |
| with the State highway construction agency and shall be | 19 |
| nominated one each by the American Council of Engineering | 20 |
| Companies of Illinois and, in the following order on a rotating | 21 |
| basis, the Associated General Contractors of Illinois, the | 22 |
| Illinois Road and Transportation Builders Association, the | 23 |
| Illinois Asphalt Pavement Association, and the Illinois | 24 |
| chapter of the American Concrete Pavement Association. The | 25 |
| selection committee and individual members may be designated | 26 |
| for a set term or for a particular project as determined by the | 27 |
| agency. Each member of the selection committee shall certify | 28 |
| for each request for proposal that no conflict of interest | 29 |
| exists between the individual and each of the design-build | 30 |
| entities submitting proposals. If a conflict exists, the member | 31 |
| must be replaced before any review of proposals. The chief | 32 |
| contracting official responsible for the conduct of lettings in | 33 |
| accordance with the regular procedures of the State highway |
|
|
|
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| 1 |
| construction agency shall serve as recording secretary to the | 2 |
| Selection Committee, and shall organize and schedule the | 3 |
| meetings of the committee.
| 4 |
| Section 10-45. Procedures for selection and award. All | 5 |
| design-build entities submitting accepted proposals shall be | 6 |
| publicly disclosed after the deadline for submission. | 7 |
| Proposals shall not be opened, reviewed, or evaluated until | 8 |
| after the deadline for submission has passed. All proposals | 9 |
| received by the date and time due shall be opened and recorded. | 10 |
| The cost components shall remain sealed and securely retained | 11 |
| by the chief contracting official in accordance with the | 12 |
| regular procedures of the agency. The chief contracting | 13 |
| official shall transmit to the selection committee all | 14 |
| technical components for evaluation. The selection committee | 15 |
| shall evaluate and score the technical components in accordance | 16 |
| with the evaluation criteria set forth in the request. The | 17 |
| selection committee may require clarification of any element | 18 |
| contained in the technical component in order to determine | 19 |
| whether the proposal conforms to the request. The time for | 20 |
| evaluation shall be no less than 24 hours unless a longer | 21 |
| period is specified in the request. Scoring shall be based on | 22 |
| factors set forth in the evaluation criteria. The scoring shall | 23 |
| be from one through 100 points. Any technical component scoring | 24 |
| less than 77 points shall be marked unacceptable. After | 25 |
| evaluation, the chief contracting official shall reseal and | 26 |
| retain all technical components. The cost component of each | 27 |
| proposal containing an accepted technical component shall be | 28 |
| opened and publicly read at the date, time, and place specified | 29 |
| in the request. The right shall be reserved to reject any and | 30 |
| all proposals, to waive technicalities, and to solicit new | 31 |
| proposals. A design-build contract shall be awarded to the best | 32 |
| value proposal, provided the cost component is responsive to | 33 |
| the request, determined by calculation of the lowest adjusted |
|
|
|
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| 1 |
| cost as follows: | 2 |
| (1) The cost component for a technical component scored | 3 |
| 97-100 shall be divided by one.
| 4 |
| (2) The cost component for a technical component scored | 5 |
| 93-96 shall be divided by .99.
| 6 |
| (3) The cost component for a technical component scored | 7 |
| 89-92 shall be divided by .98.
| 8 |
| (4) The cost component for a technical component scored | 9 |
| 85-88 shall be divided by .97.
| 10 |
| (5) The cost component for a technical component scored | 11 |
| 81-84 shall be divided by .96.
| 12 |
| (6) The cost component for a technical component scored | 13 |
| 77-80 shall be divided by .95.
| 14 |
| Section 10-50. Confidentiality. The status of a proposal as | 15 |
| accepted or not accepted and proposal scores shall not be | 16 |
| disclosed for any reason before the cost element is publicly | 17 |
| opened and read. After award, all proposals except the awarded | 18 |
| proposal shall be returned.
| 19 |
| Section 10-55. Conditions. Projects selected for | 20 |
| procurement under the terms of this Article shall be subject to | 21 |
| the following conditions: | 22 |
| (1) Illinois Department of Transportation projects | 23 |
| shall be selected that have been designed through at least | 24 |
| the completion of Phase I preliminary engineering as | 25 |
| defined by the design policies and procedures of the | 26 |
| Department, provided that all necessary approvals have | 27 |
| been obtained from the Department and, as applicable, the | 28 |
| Federal Highway Administration, for an engineering study | 29 |
| and report that establish the location and scope of the | 30 |
| project, for the type, size, and location drawings for | 31 |
| bridge projects, and for environmental documentation that | 32 |
| analyzes the environmental impacts of the project |
|
|
|
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| 1 |
| alternatives considered.
| 2 |
| (2) All necessary rights-of-way, permanent and | 3 |
| temporary, shall be acquired prior to the commencement of | 4 |
| construction by the design-build entity. Nothing herein | 5 |
| shall prohibit the design-build entity from securing any | 6 |
| additional temporary interests or rights of access deemed | 7 |
| necessary to accomplish the project.
| 8 |
| (3) The State highway construction agency shall secure | 9 |
| all necessary permits identified in the Phase I engineering | 10 |
| report.
| 11 |
| (4) The State highway construction agency shall secure | 12 |
| any necessary relocation of utilities located on existing | 13 |
| or acquired right-of-way unless the request for proposals | 14 |
| provides that existing utilities will be planned for and | 15 |
| adjusted during construction. Notwithstanding any | 16 |
| provision contained in Section 9-113 of the Illinois | 17 |
| Highway Code respecting the provision of final engineering | 18 |
| plans prior to notice given to permitted utilities to | 19 |
| relocate, a permitted utility shall proceed to relocate and | 20 |
| adjust permitted facilities upon notice given pursuant to | 21 |
| Section 9-113 except that preliminary plans showing | 22 |
| acceptable final locations or adjusted positions of those | 23 |
| said utilities shall satisfy the notice requirements in | 24 |
| lieu of final plans; provided, however, that any utility | 25 |
| required to make subsequent adjustments on account of final | 26 |
| plans for the same project shall be compensated for the | 27 |
| cost of subsequent adjustments. | 28 |
| Section 10-60. Procurement and contract mandates. | 29 |
| Design-build contracts procured under this Article shall be | 30 |
| subject to all applicable federal and State laws governing the | 31 |
| performance of public contracts and all applicable ethical and | 32 |
| conflict of interest disclosures and contracting prohibitions | 33 |
| mandated by law. |
|
|
|
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| 1 |
| Section 10-65. Design professional seal. Nothing in this | 2 |
| Article shall be deemed to eliminate, reduce, or affect the | 3 |
| requirements of the Structural Engineering Practice Act of | 4 |
| 1989, the Professional Engineering Practice Act of 1989, the | 5 |
| Illinois Professional Land Surveyor Act of 1989, and the | 6 |
| Illinois Architecture Practice Act of 1989, including but not | 7 |
| limited to the preparation and sealing of plans and documents.
| 8 |
| Section 10-70. Performance evaluation. The performance of | 9 |
| the design-build entity shall be evaluated on completion of a | 10 |
| contract. The evaluation shall be made available to the | 11 |
| design-build entity, which may submit a written response, and | 12 |
| the evaluation and response shall be retained by the agency. | 13 |
| The evaluation and response shall not be made available to any | 14 |
| other person or firm and are exempt from disclosure under the | 15 |
| Freedom of Information Act. | 16 |
| Section 10-75. Rules and regulations. The State highway | 17 |
| construction agencies shall not be required to adopt rules and | 18 |
| regulations pursuant to the Illinois Administrative Procedures | 19 |
| Act in order to implement this Act. All policies and procedures | 20 |
| adopted to implement this Act shall be identified and published | 21 |
| on the web site maintained by the Department of Transportation.
| 22 |
| Section 10-80. Report. The State highway construction | 23 |
| agencies shall, jointly or severally, submit an evaluation | 24 |
| report as required by Section 10-10 of this Act. The agencies | 25 |
| shall solicit, accept, and respond to comments provided by the | 26 |
| industry groups or associations providing appointed public | 27 |
| members to the selection committee and shall incorporate the | 28 |
| comments and responses into the report. The report shall be due | 29 |
| and filed with the Procurement Policy Board and the leadership | 30 |
| of the General Assembly no later than December 31, 2007.
|
|
|
|
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| 1 |
| ARTICLE 90 | 2 |
| AMENDATORY PROVISIONS | 3 |
| Section 90-5. The Illinois Procurement Code is amended by | 4 |
| changing Section 30-30 as follows:
| 5 |
| (30 ILCS 500/30-30)
| 6 |
| Sec. 30-30. Contracts in excess of $250,000. For
building | 7 |
| construction contracts in excess of
$250,000, separate | 8 |
| specifications shall be prepared for all
equipment, labor, and | 9 |
| materials in
connection with the following 5 subdivisions of | 10 |
| the work to be
performed:
| 11 |
| (1) plumbing;
| 12 |
| (2) heating, piping, refrigeration, and automatic
| 13 |
| temperature control systems,
including the testing and | 14 |
| balancing of those systems;
| 15 |
| (3) ventilating and distribution systems for
| 16 |
| conditioned air, including the testing
and balancing of | 17 |
| those systems;
| 18 |
| (4) electric wiring; and
| 19 |
| (5) general contract work.
| 20 |
| The specifications must be so drawn as to permit separate | 21 |
| and
independent bidding upon
each of the 5 subdivisions of | 22 |
| work. All contracts awarded
for any part thereof shall
award | 23 |
| the 5 subdivisions of work separately to responsible and
| 24 |
| reliable persons, firms, or
corporations engaged in these | 25 |
| classes of work. The contracts, at
the discretion of the
| 26 |
| construction agency, may be assigned to the successful bidder | 27 |
| on
the general contract work or
to the successful bidder on the | 28 |
| subdivision of work designated by
the construction agency | 29 |
| before
the bidding as the prime subdivision of work, provided | 30 |
| that all
payments will be made directly
to the contractors for | 31 |
| the 5 subdivisions of work upon compliance
with the conditions |
|
|
|
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| 1 |
| of the
contract. A contract may be let for one or more | 2 |
| buildings in any
project to the same contractor.
The | 3 |
| specifications shall require, however, that unless the
| 4 |
| buildings are identical, a separate price
shall be submitted | 5 |
| for each building. The contract may be awarded
to the lowest | 6 |
| responsible
bidder for each or all of the buildings included in | 7 |
| the
specifications.
| 8 |
| Until a date 2 years after the effective date of this | 9 |
| amendatory Act of the 93rd General Assembly, the requirements | 10 |
| of this Section do not apply to the construction of an | 11 |
| Emergency Operations Center for the Illinois Emergency | 12 |
| Management Agency if (i) the majority of the funding for the | 13 |
| project is from federal funds, (ii) the bid of the successful | 14 |
| bidder identifies the name of the subcontractor, if any, and | 15 |
| the bid proposal costs for each of the 5 subdivisions of work | 16 |
| set forth in this Section, and (iii) the contract entered into | 17 |
| with the successful bidder provides that no identified | 18 |
| subcontractor may be terminated without the written consent of | 19 |
| the Capital Development Board.
| 20 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 21 |
| ARTICLE 95 | 22 |
| SEVERABILITY | 23 |
| Section 95-5. Severability. The provisions of this Act are | 24 |
| severable under
Section 1.31 of the Statute on Statutes.
| 25 |
| ARTICLE 99 | 26 |
| EFFECTIVE DATE
| 27 |
| Section 99-5. Effective date. This Act takes effect upon | 28 |
| becoming law.".
|
|