Full Text of HB2639 101st General Assembly
HB2639enr 101ST GENERAL ASSEMBLY |
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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 | | reenacting and changing Sections 2.5, 20.3, 20.4, 20.5, 20.10, | 6 | | 20.15, 20.20, and 20.25 and adding Section 23.6 as follows: | 7 | | (50 ILCS 20/2.5)
| 8 | | Sec. 2.5. Legislative policy; conditions for use of | 9 | | design-build. It is the intent of the General Assembly that a | 10 | | commission be allowed to use the design-build delivery method | 11 | | for public projects if
it is shown to be in the commission's | 12 | | best interest for that particular project. | 13 | | It shall be the policy of the commission in the procurement | 14 | | of design-build services to publicly announce all requirements | 15 | | for 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 | | The commission shall, prior to issuing requests for | 19 | | proposals, promulgate and publish procedures for the | 20 | | solicitation and award of contracts pursuant to this Act. | 21 | | The commission shall, for each public project or projects | 22 | | permitted under this Act, make a written determination, | 23 | | including a description as to the particular
advantages of the |
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| 1 | | design-build procurement method, that it is in the best | 2 | | interests of the commission to enter into a design-build | 3 | | contract for the project or projects. | 4 | | In making that determination, the following factors shall | 5 | | be considered: | 6 | | (1) The probability that the design-build procurement | 7 | | method will be in the best interests of the commission by | 8 | | providing a material savings of time or cost over the | 9 | | design-bid-build or other delivery system. | 10 | | (2) The type and size of the project and its | 11 | | suitability to the design-build procurement method. | 12 | | (3) The ability of the design-build entity to define | 13 | | and provide comprehensive scope and performance criteria | 14 | | for the project. | 15 | | The commission shall require the design-build entity to | 16 | | comply with the utilization goals established by the corporate | 17 | | authorities of the commission for minority and women business | 18 | | enterprises and to comply with Section 2-105 of the Illinois | 19 | | Human Rights Act. | 20 | | This Section is repealed on June 1, 2023 2018 ; provided | 21 | | that any design-build contracts entered into before such date | 22 | | or any procurement of a project under this Act commenced before | 23 | | such date, and the contracts resulting from those procurements, | 24 | | shall remain effective.
| 25 | | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, | 26 | | eff. 1-7-14.) |
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| 1 | | (50 ILCS 20/20.3)
| 2 | | Sec. 20.3. Solicitation of design-build proposals.
| 3 | | (a) When the Commission elects to use the design-build | 4 | | delivery
method, it must
issue a notice of intent to receive | 5 | | proposals for the project at
least 14 days before issuing the | 6 | | request for the proposal. The Commission
must publish the | 7 | | advance notice in a daily newspaper of general circulation in | 8 | | the county where the Commission is located. The
Commission is | 9 | | encouraged to use publication of the notice in related | 10 | | construction
industry service publications. A brief | 11 | | description of the proposed procurement
must be included in the | 12 | | notice. The Commission must provide a
copy of the
request for | 13 | | proposal to any party requesting a copy.
| 14 | | (b) The request for proposal shall be prepared for each | 15 | | project and must
contain, without limitation, the following | 16 | | information:
| 17 | | (1) The name of the Commission.
| 18 | | (2) A preliminary schedule for the completion of the | 19 | | contract.
| 20 | | (3) The proposed budget for the project, the source of | 21 | | funds, and the
currently available funds at the time the | 22 | | request for proposal is submitted.
| 23 | | (4) Prequalification criteria for design-build | 24 | | entities wishing to submit
proposals.
The Commission shall | 25 | | include, at a minimum, its normal
prequalification, |
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| 1 | | licensing, registration, and other requirements, but | 2 | | nothing
contained herein precludes the use of additional | 3 | | prequalification criteria
by the Commission.
| 4 | | (5) Material requirements of the contract, including | 5 | | but not limited to,
the proposed terms and conditions, | 6 | | required performance and payment bonds,
insurance, and the | 7 | | entity's plan to comply with the utilization goals | 8 | | established by the corporate authorities of the Commission | 9 | | for minority and women business enterprises and to comply | 10 | | with Section 2-105 of the Illinois Human Rights Act.
| 11 | | (6) The performance criteria.
| 12 | | (7) The evaluation criteria for each phase of the | 13 | | solicitation.
| 14 | | (8) The number of entities that will be considered for | 15 | | the technical and
cost
evaluation phase.
| 16 | | (c) The Commission may include any other relevant | 17 | | information
that it
chooses to supply. The design-build entity | 18 | | shall be entitled to rely upon the
accuracy of this | 19 | | documentation in the development of its proposal.
| 20 | | (d) The date that proposals are due must be at least 21 | 21 | | calendar days after
the date of the issuance of the request for | 22 | | proposal. In the event the cost of
the project
is estimated to | 23 | | exceed $12,000,000, then the proposal due date must be at least
| 24 | | 28 calendar days after the date of the issuance of the request | 25 | | for proposal.
The Commission shall include in the request for | 26 | | proposal a
minimum of 30 days
to develop the Phase II |
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| 1 | | submissions after the selection of entities
from the Phase I | 2 | | evaluation is completed.
| 3 | | (e) This Section is repealed on June 1, 2023 2018 ; provided | 4 | | that any design-build contracts entered into before such date | 5 | | or any procurement of a project under this Act commenced before | 6 | | such date, and the contracts resulting from those procurements, | 7 | | shall remain effective.
| 8 | | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, | 9 | | eff. 1-7-14.) | 10 | | (50 ILCS 20/20.4)
| 11 | | Sec. 20.4. Development of design-build scope and | 12 | | performance criteria.
| 13 | | (a) The Commission shall develop, with the assistance of a
| 14 | | licensed design professional, a request
for proposal, which | 15 | | shall include scope and performance criteria.
The scope and | 16 | | performance criteria must be in sufficient detail and contain
| 17 | | adequate information to reasonably apprise the qualified | 18 | | design-build entities
of the Commission's overall programmatic | 19 | | needs and goals,
including criteria and preliminary design | 20 | | plans,
general budget parameters, schedule, and delivery | 21 | | requirements.
| 22 | | (b) Each request for proposal shall also include a | 23 | | description of the level
of design to be provided in the | 24 | | proposals. This description must include the
scope and type of | 25 | | renderings, drawings, and specifications that, at a minimum,
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| 1 | | will be required by the Commission to be produced by the
| 2 | | design-build entities.
| 3 | | (c) The scope and performance criteria shall be prepared by | 4 | | a design
professional who is an employee of the Commission, or | 5 | | the Commission may
contract with an independent design | 6 | | professional selected under the
Local Government Professional | 7 | | Services Selection Act (50 ILCS 510/) to provide these | 8 | | services.
| 9 | | (d) The design professional that prepares the scope and | 10 | | performance criteria
is prohibited from participating in any | 11 | | design-build entity proposal for the
project.
| 12 | | (e) This Section is repealed on June 1, 2023 2018 ; provided | 13 | | that any design-build contracts entered into before such date | 14 | | or any procurement of a project under this Act commenced before | 15 | | such date, and the contracts resulting from those procurements, | 16 | | shall remain effective.
| 17 | | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, | 18 | | eff. 1-7-14.) | 19 | | (50 ILCS 20/20.5) | 20 | | Sec. 20.5. Procedures for design-build selection. | 21 | | (a) The Commission must use a two-phase procedure for the
| 22 | | selection of the
successful design-build entity. Phase I of the | 23 | | procedure will evaluate and
shortlist the design-build | 24 | | entities based on qualifications, and Phase II
will
evaluate | 25 | | the technical and cost proposals. |
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| 1 | | (b) The Commission shall include in the request for | 2 | | proposal
the
evaluating factors to be used in Phase I. These | 3 | | factors are in addition to any
prequalification requirements of | 4 | | design-build entities that the Commission has set
forth. Each | 5 | | request for proposal shall establish the relative importance
| 6 | | assigned to each evaluation factor and subfactor, including any | 7 | | weighting of
criteria to be employed by the Commission. The | 8 | | Commission must maintain a
record of the evaluation scoring to | 9 | | be disclosed in event of a protest
regarding the solicitation.
| 10 | | The Commission shall include the following criteria in | 11 | | every
Phase I
evaluation of design-build entities: (1) | 12 | | experience of personnel; (2)
successful
experience with | 13 | | similar project types; (3) financial capability; (4) | 14 | | timeliness
of past performance; (5) experience with similarly | 15 | | sized projects; (6)
successful reference checks of the firm; | 16 | | (7) commitment to assign personnel
for the duration of the | 17 | | project and qualifications of the entity's consultants; and (8) | 18 | | ability or past performance in meeting or exhausting good faith | 19 | | efforts to meet the utilization goals for minority and women | 20 | | business enterprises established by the corporate authorities | 21 | | of the Commission and in complying with Section 2-105 of the | 22 | | Illinois Human Rights Act. The Commission may include any | 23 | | additional relevant criteria in Phase I that it deems necessary | 24 | | for a proper qualification review.
| 25 | | The Commission may not consider any design-build entity for
| 26 | | evaluation or
award if the entity has any pecuniary interest in |
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| 1 | | the project or has other
relationships or circumstances, | 2 | | including but not limited to, long-term
leasehold, mutual | 3 | | performance, or development contracts with the Commission,
| 4 | | that may give the design-build entity a financial or tangible | 5 | | advantage over
other design-build entities in the preparation, | 6 | | evaluation, or performance of
the
design-build contract or that | 7 | | create the appearance of impropriety. No design-build proposal | 8 | | shall be considered that does not include an entity's plan to | 9 | | comply with the requirements established in the minority and | 10 | | women business enterprises and economically disadvantaged | 11 | | firms established by the corporate authorities of the | 12 | | Commission and with Section 2-105 of the Illinois Human Rights | 13 | | Act.
| 14 | | Upon completion of the qualifications evaluation, the | 15 | | Commission shall
create a shortlist of the most highly | 16 | | qualified design-build entities. The
Commission, in its | 17 | | discretion, is not required to shortlist the
maximum number of
| 18 | | entities as identified for Phase II evaluation, provided | 19 | | however, no less than
2
design-build entities nor more than 6 | 20 | | are selected to submit Phase II
proposals.
| 21 | | The Commission shall notify the entities selected for the
| 22 | | shortlist in
writing. This notification shall commence the | 23 | | period for the preparation of the
Phase II technical and cost | 24 | | evaluations. The Commission must
allow sufficient
time for the | 25 | | shortlist entities to prepare their Phase II submittals
| 26 | | considering
the scope and detail requested by the Commission.
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| 1 | | (c) The Commission shall include in the request for | 2 | | proposal
the
evaluating factors to be used in the technical and | 3 | | cost submission components
of Phase II. Each request for | 4 | | proposal shall establish, for both the technical
and cost | 5 | | submission components of Phase II, the relative importance | 6 | | assigned to
each evaluation factor and subfactor, including any | 7 | | weighting of criteria to be
employed by the Commission. The | 8 | | Commission must
maintain a record of the
evaluation scoring to | 9 | | be disclosed in event of a protest regarding the
solicitation.
| 10 | | The Commission shall include the following criteria in | 11 | | every
Phase II
technical evaluation of design-build entities: | 12 | | (1) compliance with objectives
of
the
project; (2) compliance | 13 | | of proposed services to the request for proposal
requirements; | 14 | | (3) quality of products or materials proposed; (4) quality of
| 15 | | design parameters; (5) design concepts; (6) innovation in | 16 | | meeting the scope and
performance criteria; and (7) | 17 | | constructability of the
proposed project. The Commission may | 18 | | include any additional
relevant
technical evaluation factors | 19 | | it deems necessary for proper selection.
| 20 | | The Commission shall include the following criteria in | 21 | | every
Phase II cost
evaluation: the guaranteed maximum project | 22 | | cost and the time of
completion. The Commission may include any | 23 | | additional relevant
technical
evaluation factors it deems | 24 | | necessary for proper selection. The guaranteed maximum project | 25 | | cost criteria weighing factor shall not exceed 30%.
| 26 | | The Commission shall directly employ or retain a licensed
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| 1 | | design
professional to evaluate the technical and cost | 2 | | submissions to determine if the
technical submissions are in | 3 | | accordance with generally
accepted industry standards.
| 4 | | Upon completion of the technical submissions and cost | 5 | | submissions evaluation,
the Commission may award the | 6 | | design-build contract to the
highest
overall ranked entity.
| 7 | | (d) This Section is repealed on June 1, 2023 2018 ; provided | 8 | | that any design-build contracts entered into before such date | 9 | | or any procurement of a project under this Act commenced before | 10 | | such date, and the contracts resulting from those procurements, | 11 | | shall remain effective.
| 12 | | (Source: P.A. 100-201, eff. 8-18-17.) | 13 | | (50 ILCS 20/20.10)
| 14 | | Sec. 20.10. Small design-build projects. In any case where | 15 | | the total overall cost of the
project is estimated to be less | 16 | | than $12,000,000, the Commission
may combine
the two-phase | 17 | | procedure for design-build selection described in Section 20.5 | 18 | | into one combined
step, provided that all the requirements of | 19 | | evaluation are performed in
accordance with Section 20.5. | 20 | | This Section is repealed on June 1, 2023 2018 ; provided | 21 | | that any design-build contracts entered into before such date | 22 | | or any procurement of a project under this Act commenced before | 23 | | such date, and the contracts resulting from those procurements, | 24 | | shall remain effective.
| 25 | | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, |
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| 1 | | eff. 1-7-14.) | 2 | | (50 ILCS 20/20.15)
| 3 | | Sec. 20.15. Submission of design-build proposals. | 4 | | Design-build proposals must be properly identified
and sealed. | 5 | | Proposals may not be reviewed until after the deadline for
| 6 | | submission has passed as set forth in the request for | 7 | | proposals. All
design-build entities submitting proposals | 8 | | shall be disclosed after the
deadline
for submission, and all | 9 | | design-build entities who are selected for Phase II
evaluation | 10 | | shall also be disclosed at the time of that determination. | 11 | | Phase II design-build proposals shall include a bid bond in | 12 | | the form and security as designated in
the request for | 13 | | proposals. Proposals shall also contain a separate sealed
| 14 | | envelope with the cost information within the overall proposal | 15 | | submission.
Proposals shall include a list of all design | 16 | | professionals and other entities
to which any work identified | 17 | | in Section 30-30 of the Illinois Procurement Code as a | 18 | | subdivision of construction work may be subcontracted during | 19 | | the performance of the contract.
| 20 | | Proposals must meet all material requirements of the | 21 | | request for proposal or
they may be rejected as non-responsive. | 22 | | The Commission shall
have the right
to reject any and all | 23 | | proposals.
| 24 | | The drawings and specifications of any unsuccessful | 25 | | design-build proposal shall remain the property of
the |
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| 1 | | design-build entity.
| 2 | | The Commission shall review the proposals for compliance | 3 | | with
the
performance criteria and evaluation factors.
| 4 | | Proposals may be withdrawn prior to the due date and time | 5 | | for submissions for any cause. After
evaluation begins by the | 6 | | Commission, clear and convincing
evidence of error
is required | 7 | | for withdrawal.
| 8 | | This Section is repealed on June 1, 2023 2018 ; provided | 9 | | that any design-build contracts entered into before such date | 10 | | or any procurement of a project under this Act commenced before | 11 | | such date, and the contracts resulting from those procurements, | 12 | | shall remain effective.
| 13 | | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, | 14 | | eff. 1-7-14.) | 15 | | (50 ILCS 20/20.20)
| 16 | | Sec. 20.20. Design-build award. The Commission may award a | 17 | | design-build contract to
the highest
overall ranked entity. | 18 | | Notice of award shall be made in writing. Unsuccessful
entities | 19 | | shall also be notified in writing. The Commission may
not | 20 | | request a
best and final offer after the receipt of proposals. | 21 | | The Commission may
negotiate with the selected design-build | 22 | | entity after award but prior to
contract
execution for the | 23 | | purpose of securing better terms than originally proposed,
| 24 | | provided that the salient features of the request for proposal | 25 | | are not
diminished. |
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| 1 | | This Section is repealed on June 1, 2023 2018 ; provided | 2 | | that any design-build contracts entered into before such date | 3 | | or any procurement of a project under this Act commenced before | 4 | | such date, and the contracts resulting from those procurements, | 5 | | shall remain effective.
| 6 | | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, | 7 | | eff. 1-7-14.) | 8 | | (50 ILCS 20/20.25)
| 9 | | Sec. 20.25. Minority and female owned enterprises; total | 10 | | construction budget. | 11 | | (a) Each year, within 60 days following the end of a | 12 | | commission's fiscal year, the commission shall provide a report | 13 | | to the General Assembly addressing the utilization of minority | 14 | | and female owned business enterprises on design-build | 15 | | projects. | 16 | | (b) The payments for design-build projects by any | 17 | | commission in one fiscal year shall not exceed 50% of the | 18 | | moneys spent on construction projects during the same fiscal | 19 | | year. | 20 | | (c) This Section is repealed on June 1, 2023 2018 ; provided | 21 | | that any design-build contracts entered into before such date | 22 | | or any procurement of a project under this Act commenced before | 23 | | such date, and the contracts resulting from those procurements, | 24 | | shall remain effective.
| 25 | | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, |
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| 1 | | eff. 1-7-14.) | 2 | | (50 ILCS 20/23.6 new) | 3 | | Sec. 23.6. Continuation of Sections 2.5, 20.3, 20.4, 20.5, | 4 | | 20.10, 20.15, 20.20, and 20.25; validation under this | 5 | | amendatory Act of the 101st General Assembly. | 6 | | (a) The General Assembly finds and declares all of the | 7 | | following: | 8 | | (1) Public Act 100-736, which took effect on January 1, | 9 | | 2019, changed the repeal dates of Sections 2.5, 20.3, 20.4, | 10 | | 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act from June | 11 | | 1, 2018 to June 1, 2023. | 12 | | (2) The Statute on Statutes sets forth general rules on
| 13 | | the repeal of statutes and the construction of multiple
| 14 | | amendments, but Section 1 of that Act also states that
| 15 | | these rules will not be observed when the result would be
| 16 | | "inconsistent with the manifest intent of the General
| 17 | | Assembly or repugnant to the context of the statute". | 18 | | (3) This amendatory Act of the 101st General Assembly | 19 | | manifests the intention of the General Assembly to extend | 20 | | the repeal of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, | 21 | | 20.20, and 20.25 of this Act and have those Sections | 22 | | continue in effect until they are otherwise lawfully | 23 | | repealed. | 24 | | (4) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, | 25 | | 20.20, and 20.25 of this Act were
originally enacted to |
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| 1 | | protect, promote, and preserve the
general welfare. Any | 2 | | construction of this Act that results
in the repeal of | 3 | | those Sections on June 1, 2018 would be
inconsistent with | 4 | | the manifest intent of the General
Assembly and repugnant | 5 | | to the context of this Act. | 6 | | (b) It is declared to have been the intent of the General | 7 | | Assembly that Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, | 8 | | 20.20, and 20.25 of this Act not be subject to repeal on June | 9 | | 1, 2018. | 10 | | (c) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, | 11 | | and 20.25 of this Act shall be deemed to have been in | 12 | | continuous effect since June 1, 2018, and they shall continue | 13 | | to be in effect until they are otherwise lawfully repealed. All | 14 | | previously enacted amendments to those Sections taking effect | 15 | | on or after June 1, 2018 are validated. All actions taken in | 16 | | reliance on or under those Sections by any person or entity are | 17 | | validated. | 18 | | (d) In order to ensure the continuing effectiveness of | 19 | | Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 | 20 | | of this Act, those Sections are set forth in full and reenacted | 21 | | by this amendatory Act of the 101st General Assembly. Striking | 22 | | and underscoring are used only to show changes being made to | 23 | | the base text. This reenactment is intended as a continuation | 24 | | of those Sections. It is not intended to supersede any | 25 | | amendment to those Sections that is enacted by the 101st | 26 | | General Assembly. This reenactment applies
to all claims, civil |
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| 1 | | actions, and proceedings pending on or
filed on or before the | 2 | | effective date of this amendatory Act of the 101st General | 3 | | Assembly.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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