Full Text of SB0633 95th General Assembly
SB0633 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0633
Introduced 2/8/2007, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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50 ILCS 20/3 |
from Ch. 85, par. 1033 |
50 ILCS 20/20 |
from Ch. 85, par. 1050 |
50 ILCS 20/20.3 new |
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50 ILCS 20/20.4 new |
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50 ILCS 20/20.5 new |
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50 ILCS 20/20.10 new |
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50 ILCS 20/20.15 new |
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50 ILCS 20/20.20 new |
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Amends the Public Building Commission Act. Authorizes a Commission to solicit and award design-build construction contracts.
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A BILL FOR
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SB0633 |
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LRB095 04550 JAM 24603 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Building Commission Act is amended by | 5 |
| changing Sections 3 and 20 and by adding Sections 20.3, 20.4, | 6 |
| 20.5, 20.10, 20.15, and 20.20 as follows:
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| (50 ILCS 20/3) (from Ch. 85, par. 1033)
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| 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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| (a) "Commission" means a Public Building Commission | 12 |
| created pursuant to
this Act.
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| (b) "Commissioner" or "Commissioners" means a Commissioner | 14 |
| or
Commissioners of a Public Building Commission.
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| (c) "County seat" means a city, village or town which is | 16 |
| the county seat
of a county.
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| (d) "Municipality" means any city, village or incorporated | 18 |
| town of the
State of Illinois.
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| (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
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| education of a school district in a county of 3,000,000 or more | 23 |
| population,
sanitary district,
airport authority contiguous |
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| 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.
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| (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.
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| (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.
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| (h) "Oath" means oath or affirmation.
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| (i) "Building" means an improvement to real estate to be | 24 |
| made available
for use by a municipal corporation for the | 25 |
| furnishing of governmental
services to its citizens, together | 26 |
| with any land or interest in land
necessary or useful in |
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| connection with the improvement.
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| (j) "Delivery system" means the design and construction | 3 |
| approach used to develop
and construct a project.
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| (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.
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| (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.
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| (m) "Design-build contract" means a contract for a public | 14 |
| project under this Act
between the Commission and a | 15 |
| design-build entity to furnish
architecture,
engineering, land | 16 |
| surveying, and related services as required, and to furnish
the | 17 |
| labor, materials, equipment, and other construction services | 18 |
| for the
project. The design-build contract may be conditioned | 19 |
| upon subsequent
refinements in scope and price and may allow | 20 |
| the Commission to
make
modifications in the project scope | 21 |
| without invalidating the design-build
contract.
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| (n) "Design-build entity" means any individual, sole | 23 |
| proprietorship, firm,
partnership, joint venture, corporation, | 24 |
| professional corporation, or other
entity that proposes to | 25 |
| design and construct any public project under this Act.
A | 26 |
| design-build entity and associated design-build professionals |
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| shall conduct themselves in accordance with the laws of this | 2 |
| State and the related provisions of the Illinois Administrative | 3 |
| Code, as referenced by the licensed design professionals Acts | 4 |
| of this State.
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| (o) "Design professional" means any individual, sole | 6 |
| proprietorship, firm,
partnership, joint venture, corporation, | 7 |
| professional corporation, or other
entity that offers services | 8 |
| under the Illinois Architecture Practice Act of
1989 (225 ILCS | 9 |
| 305/), the Professional Engineering Practice Act of 1989 (225
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| ILCS 325/),
the Structural Engineering Licensing Act of 1989 | 11 |
| (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | 12 |
| of 1989 (225 ILCS 330/).
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| (p) "Evaluation criteria" means the requirements for the | 14 |
| separate phases of the
selection process for design-build | 15 |
| proposals as defined in this Act and may include the | 16 |
| specialized
experience, technical qualifications and | 17 |
| competence, capacity to perform, past
performance, experience | 18 |
| with similar projects, assignment of personnel to the
project, | 19 |
| and other appropriate factors. Price may not be used as a | 20 |
| factor in
the evaluation of Phase I proposals.
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| (q) "Proposal" means the offer to enter into a design-build | 22 |
| contract as submitted
by a design-build entity in accordance | 23 |
| with this Act.
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| (r) "Request for proposal" means the document used by the | 25 |
| Commission
to solicit
proposals for a design-build contract.
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| (s) "Scope and performance criteria" means the |
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| requirements for the public
project, including but not limited | 2 |
| to, the intended usage, capacity, size,
scope, quality and | 3 |
| performance standards, life-cycle costs, and other
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| programmatic criteria that are expressed in | 5 |
| performance-oriented and
quantifiable specifications and | 6 |
| drawings that can be reasonably inferred and
are suited to | 7 |
| allow a design-build entity to develop a proposal.
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| (t) "Guaranteed maximum price" means a form of contract in | 9 |
| which compensation may vary according to the scope of work | 10 |
| involved but in any case may not exceed an agreed total amount.
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| (Source: P.A. 94-1071, eff. 1-1-07.)
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| (50 ILCS 20/20) (from Ch. 85, par. 1050)
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| Sec. 20. Contracts let to lowest responsible bidder; | 14 |
| competitive bidding; advertisement for bids; design-build | 15 |
| contracts.
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| (a) All contracts to be let for the construction, | 17 |
| alteration,
improvement, repair, enlargement, demolition or | 18 |
| removal of any buildings or
other facilities, or for materials | 19 |
| or supplies to be furnished, where the
amount thereof is in | 20 |
| excess of $5,000, shall be awarded as a design-build contract | 21 |
| in accordance with Sections 20.3 through 20.20 or shall be let | 22 |
| to the lowest
responsible bidder, or bidders on open | 23 |
| competitive bidding .
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| (b) A contract awarded on the basis of competitive bidding | 25 |
| shall be awarded after public
advertisement published at least |
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| once in each week for three consecutive
weeks prior to the | 2 |
| opening of bids, in a daily newspaper of general
circulation in | 3 |
| the county where the commission is located. Nothing
contained | 4 |
| in this Section shall be construed to prohibit the Board of
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| Commissioners from placing additional advertisements in | 6 |
| recognized trade
journals. Advertisements for bids shall | 7 |
| describe the character of the
proposed contract in sufficient | 8 |
| detail to enable the bidders thereon to
know what their | 9 |
| obligation will be, either in the advertisement itself, or
by | 10 |
| reference to detailed plans and specifications on file in the | 11 |
| office of
the Public Building Commission at the time of the | 12 |
| publication of the first
announcement. Such advertisement | 13 |
| shall also state the date, time, and place
assigned for the | 14 |
| opening of bids . No
and no bids shall be received at any time
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| subsequent to the time indicated in said advertisement. | 16 |
| (c) In addition to the requirements of Section 20.3, the | 17 |
| Commission shall advertise a design-build solicitation at | 18 |
| least once in a daily newspaper of general circulation in the | 19 |
| county where the Commission is located. The date that Phase I | 20 |
| submissions by design-build entities are due must be at least | 21 |
| 14 calendar days after the date the newspaper advertisement for | 22 |
| design-build proposals is first published. The advertisement | 23 |
| shall identify the design-build project, the due date, the | 24 |
| place and time for Phase I submissions, and the place where | 25 |
| proposers can obtain a complete copy of the request for | 26 |
| design-build proposals, including the criteria for evaluation |
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| and the scope and performance criteria. The Commission is not | 2 |
| precluded from using other media or from placing advertisements | 3 |
| in addition to the one required under this subsection. | 4 |
| (d) The Board of
Commissioners may reject any and all bids | 5 |
| and proposals received and may readvertise for
bids or issue a | 6 |
| new request for design-build proposals . | 7 |
| (e) All bids shall be open to public inspection in the | 8 |
| office of the
Public Building Commission for a period of at | 9 |
| least forty-eight (48) hours
before award is made. The | 10 |
| successful bidder for such work shall enter into
contracts | 11 |
| furnished and prescribed by the Board of Commissioners and in
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| addition to any other bonds required under this Act the | 13 |
| successful bidder
shall execute and give bond, payable to and | 14 |
| to be approved by the
Commission, with a corporate surety | 15 |
| authorized to do business under the
laws of the State of | 16 |
| Illinois, in an amount to be determined by the Board
of | 17 |
| Commissioners, conditioned upon the payment of all labor | 18 |
| furnished and
materials supplied in the prosecution of the | 19 |
| contracted work. If the bidder
whose bid has been accepted | 20 |
| shall neglect or refuse to accept the contract
within five (5) | 21 |
| days after written notice that the same has been awarded to
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| him, or if he accepts but does not execute the contract and | 23 |
| give the proper
security, the Commission may accept the next | 24 |
| lowest bidder, or readvertise
and relet in manner above | 25 |
| provided. | 26 |
| (f) In case any work shall be abandoned by
any contractor |
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| or design-build entity, the Commission may, if the best | 2 |
| interests of the Commission
be thereby served, adopt on behalf | 3 |
| of the Commission all subcontracts made
by such contractor or | 4 |
| design-build entity for such work and all such sub-contractors | 5 |
| shall be
bound by such adoption if made; and the Commission | 6 |
| shall, in the manner
provided in this Act
herein , readvertise | 7 |
| and relet , or request proposals and award design-build | 8 |
| contracts for, the work specified in the original
contract | 9 |
| exclusive of so much thereof as shall be accepted. Every | 10 |
| contract
when made and entered into, as herein provided in this | 11 |
| Section or Section 20.20
for , shall be executed in
duplicate, | 12 |
| one copy of which shall be held by the Commission, and filed
in
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| its records, and one copy of which shall be given to the | 14 |
| contractor or design-build entity .
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| (Source: P.A. 84-249.)
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| (50 ILCS 20/20.3 new)
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| Sec. 20.3. Solicitation of design-build proposals.
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| (a) When the Commission elects to use the design-build | 19 |
| delivery
method, it must
issue a notice of intent to receive | 20 |
| proposals for the project at
least 14 days before issuing the | 21 |
| request for the proposal. The Commission
must publish the | 22 |
| advance notice in a daily newspaper of general circulation in | 23 |
| the county where the Commission is located. The
Commission is | 24 |
| encouraged to use publication of the notice in related | 25 |
| construction
industry service publications. A brief |
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| description of the proposed procurement
must be included in the | 2 |
| notice. The Commission must provide a
copy of the
request for | 3 |
| proposal to any party requesting a copy.
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| (b) The request for proposal shall be prepared for each | 5 |
| project and must
contain, without limitation, the following | 6 |
| information:
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| (1) The name of the Commission.
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| (2) A preliminary schedule for the completion of the | 9 |
| contract.
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| (3) The proposed budget for the project, the source of | 11 |
| funds, and the
currently available funds at the time the | 12 |
| request for proposal is submitted.
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| (4) Prequalification criteria for design-build | 14 |
| entities wishing to submit
proposals.
The Commission shall | 15 |
| include, at a minimum, its normal
prequalification, | 16 |
| licensing, registration, and other requirements, but | 17 |
| nothing
contained herein precludes the use of additional | 18 |
| prequalification criteria
by the Commission.
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| (5) Material requirements of the contract, including | 20 |
| but not limited to,
the proposed terms and conditions, | 21 |
| required performance and payment bonds,
insurance, and the | 22 |
| entity's plan to comply with the utilization goals | 23 |
| established by the corporate authorities of the Commission | 24 |
| for minority and women business enterprises and to comply | 25 |
| with Section 2-105 of the Illinois Human Rights Act.
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| (6) The performance criteria.
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| (7) The evaluation criteria for each phase of the | 2 |
| solicitation.
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| (8) The number of entities that will be considered for | 4 |
| the technical and
cost
evaluation phase.
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| (c) The Commission may include any other relevant | 6 |
| information
that it
chooses to supply. The design-build entity | 7 |
| shall be entitled to rely upon the
accuracy of this | 8 |
| documentation in the development of its proposal.
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| (d) The date that proposals are due must be at least 21 | 10 |
| calendar days after
the date of the issuance of the request for | 11 |
| proposal. In the event the cost of
the project
is estimated to | 12 |
| exceed $12,000,000, then the proposal due date must be at least
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| 28 calendar days after the date of the issuance of the request | 14 |
| for proposal.
The Commission shall include in the request for | 15 |
| proposal a
minimum of 30 days
to develop the Phase II | 16 |
| submissions after the selection of entities
from the Phase I | 17 |
| evaluation is completed.
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| (50 ILCS 20/20.4 new)
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| Sec. 20.4. Development of design-build scope and | 20 |
| performance criteria.
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| (a) The Commission shall develop, with the assistance of a
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| licensed design professional, a request
for proposal, which | 23 |
| shall include scope and performance criteria.
The scope and | 24 |
| performance criteria must be in sufficient detail and contain
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| adequate information to reasonably apprise the qualified |
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| design-build entities
of the Commission's overall programmatic | 2 |
| needs and goals,
including criteria and preliminary design | 3 |
| plans,
general budget parameters, schedule, and delivery | 4 |
| requirements.
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| (b) Each request for proposal shall also include a | 6 |
| description of the level
of design to be provided in the | 7 |
| proposals. This description must include the
scope and type of | 8 |
| renderings, drawings, and specifications that, at a minimum,
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| will be required by the Commission to be produced by the
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| design-build entities.
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| (c) The scope and performance criteria shall be prepared by | 12 |
| a design
professional who is an employee of the Commission, or | 13 |
| the Commission may
contract with an independent design | 14 |
| professional selected under the
Local Government Professional | 15 |
| Services Selection Act (50 ILCS 510/) to provide these | 16 |
| services.
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| (d) The design professional that prepares the scope and | 18 |
| performance criteria
is prohibited from participating in any | 19 |
| design-build entity proposal for the
project.
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| (50 ILCS 20/20.5 new) | 21 |
| Sec. 20.5. Procedures for design-build selection. | 22 |
| (a) The Commission must use a two-phase procedure for the
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| selection of the
successful design-build entity. Phase I of the | 24 |
| procedure will evaluate and
shortlist the design-build | 25 |
| entities based on qualifications, and Phase II
will
evaluate |
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| the technical and cost proposals. | 2 |
| (b) The Commission shall include in the request for | 3 |
| proposal
the
evaluating factors to be used in Phase I. These | 4 |
| factors are in addition to any
prequalification requirements of | 5 |
| design-build entities that the Commission has set
forth. Each | 6 |
| request for proposal shall establish the relative importance
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| assigned to each evaluation factor and subfactor, including any | 8 |
| weighting of
criteria to be employed by the Commission. The | 9 |
| Commission must maintain a
record of the evaluation scoring to | 10 |
| be disclosed in event of a protest
regarding the solicitation.
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| The Commission shall include the following criteria in | 12 |
| every
Phase I
evaluation of design-build entities: (1) | 13 |
| experience of personnel; (2)
successful
experience with | 14 |
| similar project types; (3) financial capability; (4) | 15 |
| timeliness
of past performance; (5) experience with similarly | 16 |
| sized projects; (6)
successful reference checks of the firm; | 17 |
| (7) commitment to assign personnel
for the duration of the | 18 |
| project and qualifications of the entity's consultants; and (8) | 19 |
| ability or past performance in meeting or exhausting good faith | 20 |
| efforts to meet the utilization goals for minority and women | 21 |
| business enterprises established by the corporate authorities | 22 |
| of the Commission and in complying with Section 2-105 of the | 23 |
| Illinois Human Rights Act. The Commission may include any | 24 |
| additional relevant criteria in Phase I that it deems necessary | 25 |
| for a proper qualification review.
The Commission may include | 26 |
| any additional relevant criteria in
Phase I that
it deems |
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| necessary for a proper qualification review.
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| The Commission may not consider any design-build entity for
| 3 |
| evaluation or
award if the entity has any pecuniary interest in | 4 |
| the project or has other
relationships or circumstances, | 5 |
| including but not limited to, long-term
leasehold, mutual | 6 |
| performance, or development contracts with the Commission,
| 7 |
| that may give the design-build entity a financial or tangible | 8 |
| advantage over
other design-build entities in the preparation, | 9 |
| evaluation, or performance of
the
design-build contract or that | 10 |
| create the appearance of impropriety. No design-build proposal | 11 |
| shall be considered that does not include an entity's plan to | 12 |
| comply with the requirements established in the minority and | 13 |
| women business enterprises and economically disadvantaged | 14 |
| firms established by the corporate authorities of the | 15 |
| Commission and with Section 2-105 of the Illinois Human Rights | 16 |
| Act.
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| Upon completion of the qualifications evaluation, the | 18 |
| Commission shall
create a shortlist of the most highly | 19 |
| qualified design-build entities. The
Commission, in its | 20 |
| discretion, is not required to shortlist the
maximum number of
| 21 |
| entities as identified for Phase II evaluation, provided | 22 |
| however, no less than
2
design-build entities nor more than 6 | 23 |
| are selected to submit Phase II
proposals.
| 24 |
| The Commission shall notify the entities selected for the
| 25 |
| shortlist in
writing. This notification shall commence the | 26 |
| period for the preparation of the
Phase II technical and cost |
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| evaluations. The Commission must
allow sufficient
time for the | 2 |
| shortlist entities to prepare their Phase II submittals
| 3 |
| considering
the scope and detail requested by the Commission.
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| (c) The Commission shall include in the request for | 5 |
| proposal
the
evaluating factors to be used in the technical and | 6 |
| cost submission components
of Phase II. Each request for | 7 |
| proposal shall establish, for both the technical
and cost | 8 |
| submission components of Phase II, the relative importance | 9 |
| assigned to
each evaluation factor and subfactor, including any | 10 |
| weighting of criteria to be
employed by the Commission. The | 11 |
| Commission must
maintain a record of the
evaluation scoring to | 12 |
| be disclosed in event of a protest regarding the
solicitation.
| 13 |
| The Commission shall include the following criteria in | 14 |
| every
Phase II
technical evaluation of design-build entities: | 15 |
| (1) compliance with objectives
of
the
project; (2) compliance | 16 |
| of proposed services to the request for proposal
requirements; | 17 |
| (3) quality of products or materials proposed; (4) quality of
| 18 |
| design parameters; (5) design concepts; (6) innovation in | 19 |
| meeting the scope and
performance criteria; and (7) | 20 |
| constructability of the
proposed project. The Commission may | 21 |
| include any additional
relevant
technical evaluation factors | 22 |
| it deems necessary for proper selection.
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| The Commission shall include the following criteria in | 24 |
| every
Phase II cost
evaluation: the guaranteed maximum project | 25 |
| cost and the time of
completion. The Commission may include any | 26 |
| additional relevant
technical
evaluation factors it deems |
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| necessary for proper selection. The guaranteed maximum project | 2 |
| cost criteria weighing factor shall not exceed 30%.
| 3 |
| The Commission shall directly employ or retain a licensed
| 4 |
| design
professional to evaluate the technical and cost | 5 |
| submissions to determine if the
technical submissions are in | 6 |
| accordance with generally
accepted industry standards.
| 7 |
| Upon completion of the technical submissions and cost | 8 |
| submissions evaluation,
the Commission may award the | 9 |
| design-build contract to the
highest
overall ranked entity.
| 10 |
| (50 ILCS 20/20.10 new)
| 11 |
| Sec. 20.10. Small design-build projects. In any case where | 12 |
| the total overall cost of the
project is estimated to be less | 13 |
| than $12,000,000, the Commission
may combine
the two-phase | 14 |
| procedure for design-build selection described in Section 20.5 | 15 |
| into one combined
step, provided that all the requirements of | 16 |
| evaluation are performed in
accordance with Section 20.5. | 17 |
| (50 ILCS 20/20.15 new)
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| Sec. 20.15. Submission of design-build proposals. | 19 |
| Design-build proposals must be properly identified
and sealed. | 20 |
| Proposals may not be reviewed until after the deadline for
| 21 |
| submission has passed as set forth in the request for | 22 |
| proposals. All
design-build entities submitting proposals | 23 |
| shall be disclosed after the
deadline
for submission, and all | 24 |
| design-build entities who are selected for Phase II
evaluation |
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| shall also be disclosed at the time of that determination. | 2 |
| Phase II design-build proposals shall include a bid bond in | 3 |
| the form and security as designated in
the request for | 4 |
| proposals. Proposals shall also contain a separate sealed
| 5 |
| envelope with the cost information within the overall proposal | 6 |
| submission.
Proposals shall include a list of all design | 7 |
| professionals and other entities
to which any work may be | 8 |
| subcontracted during the performance of the contract.
| 9 |
| Proposals must meet all material requirements of the | 10 |
| request for proposal or
they may be rejected as non-responsive. | 11 |
| The Commission shall
have the right
to reject any and all | 12 |
| proposals.
| 13 |
| The drawings and specifications of any unsuccessful | 14 |
| design-build proposal shall remain the property of
the | 15 |
| design-build entity.
| 16 |
| The Commission shall review the proposals for compliance | 17 |
| with
the
performance criteria and evaluation factors.
| 18 |
| Proposals may be withdrawn prior to the due date and time | 19 |
| for submissions for any cause. After
evaluation begins by the | 20 |
| Commission, clear and convincing
evidence of error
is required | 21 |
| for withdrawal.
| 22 |
| (50 ILCS 20/20.20 new)
| 23 |
| Sec. 20.20. Design-build award. The Commission may award a | 24 |
| design-build contract to
the highest
overall ranked entity. | 25 |
| Notice of award shall be made in writing. Unsuccessful
entities |
|
|
|
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LRB095 04550 JAM 24603 b |
|
| 1 |
| shall also be notified in writing. The Commission may
not | 2 |
| request a
best and final offer after the receipt of proposals. | 3 |
| The Commission may
negotiate with the selected design-build | 4 |
| entity after award but prior to
contract
execution for the | 5 |
| purpose of securing better terms than originally proposed,
| 6 |
| provided that the salient features of the request for proposal | 7 |
| are not
diminished.
|
|