Full Text of SB2233 98th General Assembly
SB2233 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2233 Introduced 2/15/2013, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
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50 ILCS 20/20 | from Ch. 85, par. 1050 |
50 ILCS 20/20.3 | | 50 ILCS 20/20.4 | | 50 ILCS 20/20.5 | | 50 ILCS 20/20.10 | | 50 ILCS 20/20.15 | | 50 ILCS 20/20.20 | | 50 ILCS 20/20.25 | |
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Amends the Public Building Commission Act. Removes the June 1, 2013 date of repeal for provisions regarding design-build contracts in Cook County. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Building Commission Act is amended by | 5 | | changing Sections 20, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, | 6 | | and 20.25 as follows:
| 7 | | (50 ILCS 20/20) (from Ch. 85, par. 1050)
| 8 | | Sec. 20. Contracts let to lowest responsible bidder; | 9 | | competitive bidding; advertisement for bids; design-build | 10 | | contracts. | 11 | | (a) All contracts to be let for the construction, | 12 | | alteration,
improvement, repair, enlargement, demolition or | 13 | | removal of any buildings or
other facilities, or for materials | 14 | | or supplies to be furnished, where the
amount thereof is in | 15 | | excess of $20,000, shall be awarded as a design-build contract | 16 | | in accordance with Sections 20.3 through 20.20 or shall be let | 17 | | to the lowest
responsible bidder, or bidders, on open | 18 | | competitive bidding. | 19 | | (b) A contract awarded on the basis of competitive bidding | 20 | | shall be awarded after public
advertisement published at least | 21 | | once in each week for three consecutive
weeks prior to the | 22 | | opening of bids, in a daily newspaper of general
circulation in | 23 | | the county where the commission is located, except in the case |
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| 1 | | of an emergency situation, as determined by the chief executive | 2 | | officer. If a contract is awarded in an emergency situation, | 3 | | (i) the contract accepted must be based on the lowest | 4 | | responsible proposal after the commission has made a diligent | 5 | | effort to solicit multiple proposals by telephone, facsimile, | 6 | | or other efficient means and (ii) the chief executive officer | 7 | | must submit a report at the next regular meeting of the Board, | 8 | | to be ratified by the Board and entered into the official | 9 | | record, that states the chief executive officer's reason for | 10 | | declaring an emergency situation, the names of all parties | 11 | | solicited for proposals, and their proposals and that includes | 12 | | a copy of the contract awarded. Nothing
contained in this | 13 | | Section shall be construed to prohibit the Board of
| 14 | | Commissioners from placing additional advertisements in | 15 | | recognized trade
journals. Advertisements for bids shall | 16 | | describe the character of the
proposed contract in sufficient | 17 | | detail to enable the bidders thereon to
know what their | 18 | | obligation will be, either in the advertisement itself, or
by | 19 | | reference to detailed plans and specifications on file in the | 20 | | office of
the Public Building Commission at the time of the | 21 | | publication of the first
announcement. Such advertisement | 22 | | shall also state the date, time, and place
assigned for the | 23 | | opening of bids. No bids shall be received at any time
| 24 | | subsequent to the time indicated in said advertisement. | 25 | | (c) In addition to the requirements of Section 20.3, the | 26 | | Commission shall advertise a design-build solicitation at |
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| 1 | | least once in a daily newspaper of general circulation in the | 2 | | county where the Commission is located. The date that Phase I | 3 | | submissions by design-build entities are due must be at least | 4 | | 14 calendar days after the date the newspaper advertisement for | 5 | | design-build proposals is first published. The advertisement | 6 | | shall identify the design-build project, the due date, the | 7 | | place and time for Phase I submissions, and the place where | 8 | | proposers can obtain a complete copy of the request for | 9 | | design-build proposals, including the criteria for evaluation | 10 | | and the scope and performance criteria. The Commission is not | 11 | | precluded from using other media or from placing advertisements | 12 | | in addition to the one required under this subsection. | 13 | | (d) The Board of
Commissioners may reject any and all bids | 14 | | and proposals received and may readvertise for
bids or issue a | 15 | | new request for design-build proposals. | 16 | | (e) All bids shall be open to public inspection in the | 17 | | office of the
Public Building Commission after an award or | 18 | | final selection has been made. The successful bidder for such | 19 | | work shall enter into
contracts furnished and prescribed by the | 20 | | Board of Commissioners and in
addition to any other bonds | 21 | | required under this Act the successful bidder
shall execute and | 22 | | give bond, payable to and to be approved by the
Commission, | 23 | | with a corporate surety authorized to do business under the
| 24 | | laws of the State of Illinois, in an amount to be determined by | 25 | | the Board
of Commissioners, conditioned upon the payment of all | 26 | | labor furnished and
materials supplied in the prosecution of |
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| 1 | | the contracted work. If the bidder
whose bid has been accepted | 2 | | shall neglect or refuse to accept the contract
within five (5) | 3 | | days after written notice that the same has been awarded to
| 4 | | him, or if he accepts but does not execute the contract and | 5 | | give the proper
security, the Commission may accept the next | 6 | | lowest bidder, or readvertise
and relet in manner above | 7 | | provided. | 8 | | (f) In case any work shall be abandoned by
any contractor | 9 | | or design-build entity, the Commission may, if the best | 10 | | interests of the Commission
be thereby served, adopt on behalf | 11 | | of the Commission all subcontracts made
by such contractor or | 12 | | design-build entity for such work and all such sub-contractors | 13 | | shall be
bound by such adoption if made; and the Commission | 14 | | shall, in the manner
provided in this Act, readvertise and | 15 | | relet, or request proposals and award design-build contracts | 16 | | for, the work specified in the original
contract exclusive of | 17 | | so much thereof as shall be accepted. Every contract
when made | 18 | | and entered into, as provided in this Section or Section 20.20, | 19 | | shall be executed, held by the Commission, and filed
in
its | 20 | | records, and one copy of which shall be given to the contractor | 21 | | or design-build entity.
| 22 | | (g) (Blank) The provisions of this Section with respect to | 23 | | design-build shall have no effect beginning 5 years after June | 24 | | 1, 2008 (the effective date of Public Act 95-595) . | 25 | | (Source: P.A. 95-595, eff. 6-1-08; 95-614, eff. 9-11-07; | 26 | | 95-876, eff. 8-21-08.)
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| 1 | | (50 ILCS 20/20.3)
| 2 | | (Section scheduled to be repealed on June 1, 2013) | 3 | | Sec. 20.3. Solicitation of design-build proposals.
| 4 | | (a) When the Commission elects to use the design-build | 5 | | delivery
method, it must
issue a notice of intent to receive | 6 | | proposals for the project at
least 14 days before issuing the | 7 | | request for the proposal. The Commission
must publish the | 8 | | advance notice in a daily newspaper of general circulation in | 9 | | the county where the Commission is located. The
Commission is | 10 | | encouraged to use publication of the notice in related | 11 | | construction
industry service publications. A brief | 12 | | description of the proposed procurement
must be included in the | 13 | | notice. The Commission must provide a
copy of the
request for | 14 | | proposal to any party requesting a copy.
| 15 | | (b) The request for proposal shall be prepared for each | 16 | | project and must
contain, without limitation, the following | 17 | | information:
| 18 | | (1) The name of the Commission.
| 19 | | (2) A preliminary schedule for the completion of the | 20 | | contract.
| 21 | | (3) The proposed budget for the project, the source of | 22 | | funds, and the
currently available funds at the time the | 23 | | request for proposal is submitted.
| 24 | | (4) Prequalification criteria for design-build | 25 | | entities wishing to submit
proposals.
The Commission shall |
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| 1 | | include, at a minimum, its normal
prequalification, | 2 | | licensing, registration, and other requirements, but | 3 | | nothing
contained herein precludes the use of additional | 4 | | prequalification criteria
by the Commission.
| 5 | | (5) Material requirements of the contract, including | 6 | | but not limited to,
the proposed terms and conditions, | 7 | | required performance and payment bonds,
insurance, and the | 8 | | entity's plan to comply with the utilization goals | 9 | | established by the corporate authorities of the Commission | 10 | | for minority and women business enterprises and to comply | 11 | | with Section 2-105 of the Illinois Human Rights Act.
| 12 | | (6) The performance criteria.
| 13 | | (7) The evaluation criteria for each phase of the | 14 | | solicitation.
| 15 | | (8) The number of entities that will be considered for | 16 | | the technical and
cost
evaluation phase.
| 17 | | (c) The Commission may include any other relevant | 18 | | information
that it
chooses to supply. The design-build entity | 19 | | shall be entitled to rely upon the
accuracy of this | 20 | | documentation in the development of its proposal.
| 21 | | (d) The date that proposals are due must be at least 21 | 22 | | calendar days after
the date of the issuance of the request for | 23 | | proposal. In the event the cost of
the project
is estimated to | 24 | | exceed $12,000,000, then the proposal due date must be at least
| 25 | | 28 calendar days after the date of the issuance of the request | 26 | | for proposal.
The Commission shall include in the request for |
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| 1 | | proposal a
minimum of 30 days
to develop the Phase II | 2 | | submissions after the selection of entities
from the Phase I | 3 | | evaluation is completed.
| 4 | | (e) (Blank) This Section is repealed 5 years after the | 5 | | effective date of this amendatory Act of the 95th General | 6 | | Assembly .
| 7 | | (Source: P.A. 95-595, eff. 6-1-08 .) | 8 | | (50 ILCS 20/20.4)
| 9 | | (Section scheduled to be repealed on June 1, 2013) | 10 | | Sec. 20.4. Development of design-build scope and | 11 | | performance criteria.
| 12 | | (a) The Commission shall develop, with the assistance of a
| 13 | | licensed design professional, a request
for proposal, which | 14 | | shall include scope and performance criteria.
The scope and | 15 | | performance criteria must be in sufficient detail and contain
| 16 | | adequate information to reasonably apprise the qualified | 17 | | design-build entities
of the Commission's overall programmatic | 18 | | needs and goals,
including criteria and preliminary design | 19 | | plans,
general budget parameters, schedule, and delivery | 20 | | requirements.
| 21 | | (b) Each request for proposal shall also include a | 22 | | description of the level
of design to be provided in the | 23 | | proposals. This description must include the
scope and type of | 24 | | renderings, drawings, and specifications that, at a minimum,
| 25 | | will be required by the Commission to be produced by the
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| 1 | | design-build entities.
| 2 | | (c) The scope and performance criteria shall be prepared by | 3 | | a design
professional who is an employee of the Commission, or | 4 | | the Commission may
contract with an independent design | 5 | | professional selected under the
Local Government Professional | 6 | | Services Selection Act (50 ILCS 510/) to provide these | 7 | | services.
| 8 | | (d) The design professional that prepares the scope and | 9 | | performance criteria
is prohibited from participating in any | 10 | | design-build entity proposal for the
project.
| 11 | | (e) (Blank) This Section is repealed 5 years after the | 12 | | effective date of this amendatory Act of the 95th General | 13 | | Assembly .
| 14 | | (Source: P.A. 95-595, eff. 6-1-08 .) | 15 | | (50 ILCS 20/20.5) | 16 | | (Section scheduled to be repealed on June 1, 2013) | 17 | | Sec. 20.5. Procedures for design-build selection. | 18 | | (a) The Commission must use a two-phase procedure for the
| 19 | | selection of the
successful design-build entity. Phase I of the | 20 | | procedure will evaluate and
shortlist the design-build | 21 | | entities based on qualifications, and Phase II
will
evaluate | 22 | | the technical and cost proposals. | 23 | | (b) The Commission shall include in the request for | 24 | | proposal
the
evaluating factors to be used in Phase I. These | 25 | | factors are in addition to any
prequalification requirements of |
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| 1 | | design-build entities that the Commission has set
forth. Each | 2 | | request for proposal shall establish the relative importance
| 3 | | assigned to each evaluation factor and subfactor, including any | 4 | | weighting of
criteria to be employed by the Commission. The | 5 | | Commission must maintain a
record of the evaluation scoring to | 6 | | be disclosed in event of a protest
regarding the solicitation.
| 7 | | The Commission shall include the following criteria in | 8 | | every
Phase I
evaluation of design-build entities: (1) | 9 | | experience of personnel; (2)
successful
experience with | 10 | | similar project types; (3) financial capability; (4) | 11 | | timeliness
of past performance; (5) experience with similarly | 12 | | sized projects; (6)
successful reference checks of the firm; | 13 | | (7) commitment to assign personnel
for the duration of the | 14 | | project and qualifications of the entity's consultants; and (8) | 15 | | ability or past performance in meeting or exhausting good faith | 16 | | efforts to meet the utilization goals for minority and women | 17 | | business enterprises established by the corporate authorities | 18 | | of the Commission and in complying with Section 2-105 of the | 19 | | Illinois Human Rights Act. The Commission may include any | 20 | | additional relevant criteria in Phase I that it deems necessary | 21 | | for a proper qualification review.
The Commission may include | 22 | | any additional relevant criteria in
Phase I that
it deems | 23 | | necessary for a proper qualification review.
| 24 | | The Commission may not consider any design-build entity for
| 25 | | evaluation or
award if the entity has any pecuniary interest in | 26 | | the project or has other
relationships or circumstances, |
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| 1 | | including but not limited to, long-term
leasehold, mutual | 2 | | performance, or development contracts with the Commission,
| 3 | | that may give the design-build entity a financial or tangible | 4 | | advantage over
other design-build entities in the preparation, | 5 | | evaluation, or performance of
the
design-build contract or that | 6 | | create the appearance of impropriety. No design-build proposal | 7 | | shall be considered that does not include an entity's plan to | 8 | | comply with the requirements established in the minority and | 9 | | women business enterprises and economically disadvantaged | 10 | | firms established by the corporate authorities of the | 11 | | Commission and with Section 2-105 of the Illinois Human Rights | 12 | | Act.
| 13 | | Upon completion of the qualifications evaluation, the | 14 | | Commission shall
create a shortlist of the most highly | 15 | | qualified design-build entities. The
Commission, in its | 16 | | discretion, is not required to shortlist the
maximum number of
| 17 | | entities as identified for Phase II evaluation, provided | 18 | | however, no less than
2
design-build entities nor more than 6 | 19 | | are selected to submit Phase II
proposals.
| 20 | | The Commission shall notify the entities selected for the
| 21 | | shortlist in
writing. This notification shall commence the | 22 | | period for the preparation of the
Phase II technical and cost | 23 | | evaluations. The Commission must
allow sufficient
time for the | 24 | | shortlist entities to prepare their Phase II submittals
| 25 | | considering
the scope and detail requested by the Commission.
| 26 | | (c) The Commission shall include in the request for |
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| 1 | | proposal
the
evaluating factors to be used in the technical and | 2 | | cost submission components
of Phase II. Each request for | 3 | | proposal shall establish, for both the technical
and cost | 4 | | submission components of Phase II, the relative importance | 5 | | assigned to
each evaluation factor and subfactor, including any | 6 | | weighting of criteria to be
employed by the Commission. The | 7 | | Commission must
maintain a record of the
evaluation scoring to | 8 | | be disclosed in event of a protest regarding the
solicitation.
| 9 | | The Commission shall include the following criteria in | 10 | | every
Phase II
technical evaluation of design-build entities: | 11 | | (1) compliance with objectives
of
the
project; (2) compliance | 12 | | of proposed services to the request for proposal
requirements; | 13 | | (3) quality of products or materials proposed; (4) quality of
| 14 | | design parameters; (5) design concepts; (6) innovation in | 15 | | meeting the scope and
performance criteria; and (7) | 16 | | constructability of the
proposed project. The Commission may | 17 | | include any additional
relevant
technical evaluation factors | 18 | | it deems necessary for proper selection.
| 19 | | The Commission shall include the following criteria in | 20 | | every
Phase II cost
evaluation: the guaranteed maximum project | 21 | | cost and the time of
completion. The Commission may include any | 22 | | additional relevant
technical
evaluation factors it deems | 23 | | necessary for proper selection. The guaranteed maximum project | 24 | | cost criteria weighing factor shall not exceed 30%.
| 25 | | The Commission shall directly employ or retain a licensed
| 26 | | design
professional to evaluate the technical and cost |
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| 1 | | submissions to determine if the
technical submissions are in | 2 | | accordance with generally
accepted industry standards.
| 3 | | Upon completion of the technical submissions and cost | 4 | | submissions evaluation,
the Commission may award the | 5 | | design-build contract to the
highest
overall ranked entity.
| 6 | | (d) (Blank) This Section is repealed 5 years after the | 7 | | effective date of this amendatory Act of the 95th General | 8 | | Assembly .
| 9 | | (Source: P.A. 95-595, eff. 6-1-08 .) | 10 | | (50 ILCS 20/20.10)
| 11 | | (Section scheduled to be repealed on June 1, 2013) | 12 | | Sec. 20.10. Small design-build projects. In any case where | 13 | | the total overall cost of the
project is estimated to be less | 14 | | than $12,000,000, the Commission
may combine
the two-phase | 15 | | procedure for design-build selection described in Section 20.5 | 16 | | into one combined
step, provided that all the requirements of | 17 | | evaluation are performed in
accordance with Section 20.5. | 18 | | This Section is repealed 5 years after the effective date | 19 | | of this amendatory Act of the 95th General Assembly.
| 20 | | (Source: P.A. 95-595, eff. 6-1-08 .) | 21 | | (50 ILCS 20/20.15)
| 22 | | (Section scheduled to be repealed on June 1, 2013) | 23 | | Sec. 20.15. Submission of design-build proposals. | 24 | | Design-build proposals must be properly identified
and sealed. |
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| 1 | | Proposals may not be reviewed until after the deadline for
| 2 | | submission has passed as set forth in the request for | 3 | | proposals. All
design-build entities submitting proposals | 4 | | shall be disclosed after the
deadline
for submission, and all | 5 | | design-build entities who are selected for Phase II
evaluation | 6 | | shall also be disclosed at the time of that determination. | 7 | | Phase II design-build proposals shall include a bid bond in | 8 | | the form and security as designated in
the request for | 9 | | proposals. Proposals shall also contain a separate sealed
| 10 | | envelope with the cost information within the overall proposal | 11 | | submission.
Proposals shall include a list of all design | 12 | | professionals and other entities
to which any work identified | 13 | | in Section 30-30 of the Illinois Procurement Code as a | 14 | | subdivision of construction work may be subcontracted during | 15 | | the performance of the contract.
| 16 | | Proposals must meet all material requirements of the | 17 | | request for proposal or
they may be rejected as non-responsive. | 18 | | The Commission shall
have the right
to reject any and all | 19 | | proposals.
| 20 | | The drawings and specifications of any unsuccessful | 21 | | design-build proposal shall remain the property of
the | 22 | | design-build entity.
| 23 | | The Commission shall review the proposals for compliance | 24 | | with
the
performance criteria and evaluation factors.
| 25 | | Proposals may be withdrawn prior to the due date and time | 26 | | for submissions for any cause. After
evaluation begins by the |
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| 1 | | Commission, clear and convincing
evidence of error
is required | 2 | | for withdrawal.
| 3 | | This Section is repealed 5 years after the effective date | 4 | | of this amendatory Act of the 95th General Assembly.
| 5 | | (Source: P.A. 95-595, eff. 6-1-08 .) | 6 | | (50 ILCS 20/20.20)
| 7 | | (Section scheduled to be repealed on June 1, 2013) | 8 | | Sec. 20.20. Design-build award. The Commission may award a | 9 | | design-build contract to
the highest
overall ranked entity. | 10 | | Notice of award shall be made in writing. Unsuccessful
entities | 11 | | shall also be notified in writing. The Commission may
not | 12 | | request a
best and final offer after the receipt of proposals. | 13 | | The Commission may
negotiate with the selected design-build | 14 | | entity after award but prior to
contract
execution for the | 15 | | purpose of securing better terms than originally proposed,
| 16 | | provided that the salient features of the request for proposal | 17 | | are not
diminished. | 18 | | This Section is repealed 5 years after the effective date | 19 | | of this amendatory Act of the 95th General Assembly.
| 20 | | (Source: P.A. 95-595, eff. 6-1-08 .) | 21 | | (50 ILCS 20/20.25)
| 22 | | (Section scheduled to be repealed on June 1, 2013) | 23 | | Sec. 20.25. Minority and female owned enterprises; total | 24 | | construction budget. |
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| 1 | | (a) Each year, within 60 days following the end of a | 2 | | commission's fiscal year, the commission shall provide a report | 3 | | to the General Assembly addressing the utilization of minority | 4 | | and female owned business enterprises on design-build | 5 | | projects. | 6 | | (b) The payments for design-build projects by any | 7 | | commission in one fiscal year shall not exceed 25% of the | 8 | | moneys spent on construction projects during the same fiscal | 9 | | year. | 10 | | (c) (Blank) This Section is repealed 5 years after the | 11 | | effective date of this amendatory Act of the 95th General | 12 | | Assembly .
| 13 | | (Source: P.A. 95-595, eff. 6-1-08 .)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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