Full Text of HB3986 96th General Assembly
HB3986sam001 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 5/17/2009
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| AMENDMENT TO HOUSE BILL 3986
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| AMENDMENT NO. ______. Amend House Bill 3986 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Public Building Commission Act is amended | 5 |
| by changing Sections 3, 14, 20.3, 20.5, 20.15, 20.20, and 20.25 | 6 |
| and adding Section 20.12 as follows:
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| (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 | 2 |
| town of the
State of Illinois.
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| (e) "Municipal corporation" includes a county, city, | 4 |
| village, town,
(including a county seat), park district,
school | 5 |
| 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 | 7 |
| population,
sanitary district,
airport authority contiguous | 8 |
| with the County
Seat as of July 1, 1969 and any other municipal | 9 |
| body or governmental agency
of the State, and until July 1, | 10 |
| 2011, a school district that (i) was organized prior to 1860, | 11 |
| (ii) is located in part in a city originally incorporated prior | 12 |
| to 1840, and (iii) entered into a lease with a Commission prior | 13 |
| to 1993, and its board of education, but does not include a | 14 |
| school district in a county of less
than 3,000,000 population, | 15 |
| a board of education of a school district in a
county of less | 16 |
| than 3,000,000 population, or a community college district in
a | 17 |
| county of less than 3,000,000 population, except that until | 18 |
| July 1, 2011, a school district that (i) was organized prior to | 19 |
| 1860, (ii) is located in part in a city originally incorporated | 20 |
| prior to 1840, and (iii) entered into a lease with a Commission | 21 |
| prior to 1993, and its board of education, are included.
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| (f) "Governing body" includes a city council, county board, | 23 |
| or any other
body or board, by whatever name it may be known, | 24 |
| charged with the governing
of a municipal corporation.
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| (g) "Presiding officer" includes the mayor or president of | 26 |
| a city,
village or town, the presiding officer of a county |
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| board, or the presiding
officer of any other board or | 2 |
| 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 | 5 |
| made available
for use by a municipal corporation for the | 6 |
| furnishing of governmental
services to its citizens, together | 7 |
| with any land or interest in land
necessary or useful in | 8 |
| connection with the improvement.
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| (j) "Delivery system" means the design and construction | 10 |
| approach used to develop
and construct a project.
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| (k) "Design-bid-build" means the traditional delivery | 12 |
| system used on public
projects that incorporates the Local | 13 |
| Government Professional Services Selection Act (50 ILCS 510/) | 14 |
| and the
principles of competitive selection.
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| (l) "Design-build" means a delivery system that provides | 16 |
| responsibility within a
single contract for the furnishing of | 17 |
| architecture, engineering, land surveying
and related services | 18 |
| as required, and the labor, materials, equipment, and
other | 19 |
| construction services for the project.
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| (m) "Design-build contract" means a contract for a public | 21 |
| project under this Act
between the Commission and a | 22 |
| design-build entity to furnish
architecture,
engineering, land | 23 |
| surveying, and related services as required, and to furnish
the | 24 |
| labor, materials, equipment, and other construction services | 25 |
| for the
project. The design-build contract may be conditioned | 26 |
| upon subsequent
refinements in scope and price and may allow |
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| the Commission to
make
modifications in the project scope | 2 |
| without invalidating the design-build
contract.
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| (n) "Design-build entity" means any individual, sole | 4 |
| proprietorship, firm,
partnership, joint venture, corporation, | 5 |
| professional corporation, or other
entity that proposes to | 6 |
| design and construct any public project under this Act.
A | 7 |
| design-build entity and associated design-build professionals | 8 |
| shall conduct themselves in accordance with the laws of this | 9 |
| State and the related provisions of the Illinois Administrative | 10 |
| Code, as referenced by the licensed design professionals Acts | 11 |
| of this State.
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| (o) "Design professional" means any individual, sole | 13 |
| proprietorship, firm,
partnership, joint venture, corporation, | 14 |
| professional corporation, or other
entity that offers services | 15 |
| under the Illinois Architecture Practice Act of
1989 (225 ILCS | 16 |
| 305/), the Professional Engineering Practice Act of 1989 (225
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| ILCS 325/),
the Structural Engineering Licensing Act of 1989 | 18 |
| (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | 19 |
| of 1989 (225 ILCS 330/).
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| (p) "Evaluation criteria" means the requirements for the | 21 |
| separate phases of the
selection process for design-build | 22 |
| proposals as defined in this Act and may include the | 23 |
| specialized
experience, technical qualifications and | 24 |
| competence, capacity to perform, past
performance, experience | 25 |
| with similar projects, assignment of personnel to the
project, | 26 |
| and other appropriate factors. Price may not be used as a |
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| factor in
the evaluation of Phase I proposals.
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| (q) "Proposal" means the offer to enter into a design-build | 3 |
| contract as submitted
by a design-build entity in accordance | 4 |
| with this Act.
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| (r) "Request for proposal" means the document used by the | 6 |
| Commission
to solicit
proposals for a design-build contract.
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| (s) "Scope and performance criteria" means the | 8 |
| requirements for the public
project, including but not limited | 9 |
| to, the intended usage, capacity, size,
scope, quality and | 10 |
| performance standards, life-cycle costs, and other
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| programmatic criteria that are expressed in | 12 |
| performance-oriented and
quantifiable specifications and | 13 |
| drawings that can be reasonably inferred and
are suited to | 14 |
| allow a design-build entity to develop a proposal.
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| (t) "Guaranteed maximum price" means a form of contract in | 16 |
| which compensation may vary according to the scope of work | 17 |
| involved but in any case may not exceed an agreed total amount.
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| Definitions in this Section with respect to design-build | 19 |
| shall have no effect beginning 5 years after the effective date | 20 |
| of this amendatory Act of the 95th General Assembly.
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| (Source: P.A. 94-1071, eff. 1-1-07; 95-595, eff. 6-1-08 .)
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| (50 ILCS 20/14) (from Ch. 85, par. 1044)
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| Sec. 14. A Public Building Commission is a municipal | 24 |
| corporation and
constitutes a body both corporate and politic | 25 |
| separate and apart from
any other municipal corporation or any |
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| other public or governmental
agency. It may sue and be sued, | 2 |
| plead and be impleaded, and have a seal
and alter such at | 3 |
| pleasure, have perpetual succession, make and execute
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| contracts, leases, deeds and other instruments necessary or | 5 |
| convenient
to the exercise of its powers, and make and from | 6 |
| time to time amend and
repeal its by-laws, rules and | 7 |
| regulations not inconsistent with this
Act. In addition, it has | 8 |
| and shall exercise the following public and
essential | 9 |
| governmental powers and functions and all other powers
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| incidental or necessary, to carry out and effectuate such | 11 |
| express powers:
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| (a) To select, locate and designate, at any time and from | 13 |
| time to
time, one or more areas lying wholly within the | 14 |
| territorial limits of
the municipality or of the county seat of | 15 |
| the county in which the
Commission is organized, or within the | 16 |
| territorial limits of the county
if the site is to be used for | 17 |
| county purposes, or (in the case of a county
having a | 18 |
| population of at least 20,000 but not more than 21,000 as
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| determined by the 1980 federal census) within the territorial | 20 |
| limits of the
county if the site is to be used for municipal | 21 |
| purposes, as the site or
sites to be acquired for the erection, | 22 |
| alteration or improvement of a
building or buildings, public | 23 |
| improvement or other facilities for the
purposes set forth in | 24 |
| this Section. The site or sites selected shall be
conveniently | 25 |
| located within such county, municipality or county seat and of
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| an area in size sufficiently large to accomplish and effectuate |
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| the purpose
of this Act and sufficient to provide for proper | 2 |
| architectural setting and
adequate landscaping for such | 3 |
| building or buildings, public improvement or
other facilities.
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| (1) Where the governing body of the county seat or the | 5 |
| governing
body of any municipality with 3,000 or more | 6 |
| inhabitants has adopted the
original resolution for the | 7 |
| creation of the Commission, the site or
sites selected, and in | 8 |
| the case of a project for an Airport Authority,
the site or | 9 |
| sites selected, the project and any lease agreements, are
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| subject to approval by a majority of the members of the | 11 |
| governing body
of the county seat or by a majority of the | 12 |
| members of the governing body
of the municipality. However, | 13 |
| where the site is for a county project and
is outside the | 14 |
| limits of a municipality, the approval of the site shall
be by | 15 |
| the county board.
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| (2) Where the original resolution for the creation of the | 17 |
| Commission
has been adopted by the governing body of the | 18 |
| county, the site or sites
selected, and in the case of a | 19 |
| project for an Airport Authority, the
site or sites selected, | 20 |
| the project and any lease agreements, are
subject to approval | 21 |
| by a majority of the members of the governing body
of the | 22 |
| county and to approval by 3/4 of the members of the governing
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| body of the county seat, except that approval of 3/4 of the | 24 |
| members of
the governing body of the county seat is not | 25 |
| required where the site is for
a county or (in the case of a | 26 |
| county having a population of at least 20,000
but not more than |
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| 21,000 as determined by the 1980 federal census) a
municipal | 2 |
| project and is outside the limits of the county seat, in which
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| case approval by 3/4 of the members of the governing body of | 4 |
| any
municipality where the site or sites will be located is | 5 |
| required; and, if
such site or sites so selected, and in the | 6 |
| case of a project for an
Airport Authority, the site or sites | 7 |
| selected, the project and any lease
agreements, are not | 8 |
| approved by 3/4 of the members of the governing body
of the | 9 |
| county seat the Commission may by resolution request that the
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| approval of the site or sites so selected, and in the case of a | 11 |
| project
for an Airport Authority, the site or sites selected, | 12 |
| the project and
any lease agreements, be submitted to a | 13 |
| referendum at the next general
election in accordance with the | 14 |
| general election law, and shall present
such resolution to the | 15 |
| county clerk. Upon receipt of such resolution the
county clerk | 16 |
| shall immediately notify the board of election commissioners,
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| if any; however, referenda pursuant to such resolution shall | 18 |
| not be called
more frequently than once in 4 years. The | 19 |
| proposition shall be in
substantially the following form:
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| -------------------------------------------------------------
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| Shall ......... be acquired for the
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| erection, alteration or improvement of
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| a building or buildings pursuant to YES
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| the Public Building Commission Act,
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| approved July 5, 1955, which project
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| it is estimated will cost $........., -----------------
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| including the cost of the site
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| acquisition and for the payment of which
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| revenue bonds in the amount of $...., NO
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| maturing .... and bearing interest at
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| the rate of .....% per annum, may be
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| issued?
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| -------------------------------------------------------------
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| If a majority of the electors voting on the proposition | 9 |
| vote in favor of
the proposition, the site or sites so | 10 |
| selected, and in the case of a
project for an Airport | 11 |
| Authority, the site or sites selected, the project
and any | 12 |
| lease agreements, shall be approved. Except where approval of | 13 |
| the
site or sites has been obtained by referendum, the area or | 14 |
| areas may be
enlarged by the Board of Commissioners, from time | 15 |
| to time, as the need
therefor arises. The selection, location | 16 |
| and designation of more than one
area may, but need not, be | 17 |
| made at one time but may be made from time to time.
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| (b) To acquire the fee simple title to or any lesser | 19 |
| interest in the real property located
within such area or | 20 |
| areas, including easements and reversionary
interests in the | 21 |
| streets, alleys and other public places and personal
property | 22 |
| required for its purposes, by purchase, gift, legacy, or by the
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| exercise of the power of eminent domain, and title thereto | 24 |
| shall be
taken in the corporate name of the Commission. Eminent | 25 |
| domain
proceedings shall be in all respects in the manner | 26 |
| provided for the exercise
of the right of eminent domain under |
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| the Eminent Domain Act. All land and appurtenances
thereto, | 2 |
| acquired or owned by the Commission are to be deemed acquired | 3 |
| or
owned for a public use or public purpose.
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| Any municipal corporation which owns fee simple title to or | 5 |
| any lesser interest in real
property located within such an | 6 |
| area, may convey such real property, or
any part thereof or | 7 |
| interest therein, to the Commission with a provision in such | 8 |
| conveyance
for the reverter of such real property or interest | 9 |
| therein to the transferor municipal
corporation at such time as | 10 |
| all revenue bonds and other obligations of
the Commission | 11 |
| incident to the real property or interest therein so conveyed, | 12 |
| have been paid
in full, and such Commission is hereby | 13 |
| authorized to accept such a
conveyance.
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| (c) To demolish, repair, alter or improve any building or | 15 |
| buildings
within the area or areas and to erect a new building | 16 |
| or buildings,
improvement and other facilities within the area | 17 |
| or areas to provide
space for the conduct of the executive, | 18 |
| legislative and judicial
functions of government, its various | 19 |
| branches, departments and agencies
thereof and to provide | 20 |
| buildings, improvements and other facilities for
use by local | 21 |
| government in the furnishing of essential governmental,
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| health, safety and welfare services to its citizens; to furnish | 23 |
| and
equip such building or buildings, improvements and other | 24 |
| facilities, and
maintain and operate them so as to effectuate | 25 |
| the purposes of this Act.
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| (d) To pave and improve streets within such area or areas, |
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| and to
construct, repair and install sidewalks, sewers, | 2 |
| waterpipes and other
similar facilities and site improvements | 3 |
| within such area or areas and
to provide for adequate | 4 |
| landscaping essential to the preparation of such
site or sites | 5 |
| in accordance with the purposes of this Act.
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| (e) To make provisions for offstreet parking facilities.
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| (f) To operate, maintain, manage and to make and enter into
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| contracts for the operation, maintenance and management of such
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| buildings and other facilities and to provide rules and | 10 |
| regulations for
the operation, maintenance and management | 11 |
| thereof.
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| (g) To employ and discharge without regard to any Civil | 13 |
| Services
Act, engineering, architectural, construction, | 14 |
| design-build, legal and financial
experts and such other | 15 |
| employees as may be necessary in its judgment to
carry out the | 16 |
| purposes of this Act and to fix compensation for such
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| employees, and enter into contracts for the employment of any | 18 |
| person,
firm, or corporation, and for professional services | 19 |
| necessary or
desirable for the accomplishment of the objects | 20 |
| and purposes of the
Commission and the proper administration, | 21 |
| management, protection and
control of its property.
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| (h) To rent all or any part or parts of such building, | 23 |
| buildings, or
other facilities to any municipal corporation | 24 |
| that organized or joined
in the organization of the Public | 25 |
| Building Commission or to any branch,
department, or agency | 26 |
| thereof, or to any branch, department, or agency of
the State |
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| or Federal government, or to any other state or any agency or
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| political subdivision of another state with which the | 3 |
| Commission has entered
into an intergovernmental agreement or | 4 |
| contract under the Intergovernmental
Cooperation Act, or to any | 5 |
| municipal corporation with which the Commission has
entered | 6 |
| into an intergovernmental agreement or contract under the
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| Intergovernmental Cooperation Act, or to any other municipal | 8 |
| corporation, quasi
municipal corporation, political | 9 |
| subdivision or body politic, or agency
thereof, doing business, | 10 |
| maintaining an office, or rendering a public service
in such | 11 |
| county for any period of time.
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| (i) To rent such space in such building or buildings as | 13 |
| from time to
time may not be needed by any governmental agency | 14 |
| for such other
purposes as the Board of Commissioners may | 15 |
| determine will best serve the
comfort and convenience of the | 16 |
| occupants of such building or buildings,
and upon such terms | 17 |
| and in such manner as the Board of Commissioners may
determine.
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| (j) To execute written leases evidencing the rental | 19 |
| agreements
authorized in paragraphs (h) and (i) of this | 20 |
| Section.
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| (k) To procure and enter into contracts for any type of | 22 |
| insurance or
indemnity against loss or damage to property from | 23 |
| any cause, including
loss of use and occupancy, against death | 24 |
| or injury of any person,
against employer's liability, against | 25 |
| any act of any member, officer or
employee of the Public | 26 |
| Building Commission in the performance of the
duties of his |
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| office or employment or any other insurable risk, as the
Board | 2 |
| of Commissioners in its discretion may deem necessary.
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| (l) To accept donations, contributions, capital grants or | 4 |
| gifts from
any individuals, associations, municipal and | 5 |
| private corporations and
the United States of America, or any | 6 |
| agency or instrumentality thereof,
for or in aid of any of the | 7 |
| purposes of this Act and to enter into
agreements in connection | 8 |
| therewith.
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| (m) To borrow money from time to time and in evidence | 10 |
| thereof to
issue and sell revenue bonds in such amount or | 11 |
| amounts as the Board of
Commissioners may determine to provide | 12 |
| funds for the purpose of
acquiring, erecting, demolishing, | 13 |
| improving, altering, equipping,
repairing, maintaining and | 14 |
| operating buildings and other facilities and
to acquire sites | 15 |
| necessary and convenient therefor and to pay all costs
and | 16 |
| expenses incident thereto, including, but without in any way
| 17 |
| limiting the generality of the foregoing, architectural, | 18 |
| engineering,
legal and financing expense, which may include an | 19 |
| amount sufficient to
meet the interest charges on such revenue | 20 |
| bonds during such period or
periods as may elapse prior to the | 21 |
| time when the project or projects may
become revenue producing | 22 |
| and for one year in addition thereto; and to
refund and | 23 |
| refinance, from time to time, revenue bonds so issued and
sold, | 24 |
| as often as may be deemed to be advantageous by the Board of
| 25 |
| Commissioners.
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| (n) To enter into any agreement or contract with any |
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| lessee, who,
pursuant to the terms of this Act, is renting or | 2 |
| is about to rent from
the Commission all or part of any | 3 |
| building or buildings or facilities,
whereby under such | 4 |
| agreement or contract such lessee obligates itself to
pay all | 5 |
| or part of the cost of maintaining and operating the premises | 6 |
| so
leased. Such agreement may be included as a provision of any | 7 |
| lease
entered into pursuant to the terms of this Act or may be | 8 |
| made the
subject of a separate agreement or contract between | 9 |
| the Commission and
such lessee.
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| (Source: P.A. 94-1055, eff. 1-1-07; 95-614, eff. 9-11-07.)
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| (50 ILCS 20/20.3)
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| (Section scheduled to be repealed on June 1, 2013) | 13 |
| Sec. 20.3. Solicitation of design-build proposals.
| 14 |
| (a) When the Commission elects to use the design-build | 15 |
| delivery
method, it must
issue a notice of intent to receive | 16 |
| proposals for the project at
least 14 days before issuing the | 17 |
| request for the proposal. The Commission
must publish the | 18 |
| advance notice in a daily newspaper of general circulation in | 19 |
| the county where the Commission is located. The
Commission is | 20 |
| encouraged to use publication of the notice in related | 21 |
| construction
industry service publications. A brief | 22 |
| description of the proposed procurement
must be included in the | 23 |
| notice. The Commission must provide a
copy of the
request for | 24 |
| proposal to any party requesting a copy.
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| (b) The request for proposal shall be prepared for each |
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| project and must
contain, without limitation, the following | 2 |
| information:
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| (1) The name of the Commission.
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| (2) A preliminary schedule for the completion of the | 5 |
| contract.
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| (3) The proposed budget for the project, the source of | 7 |
| funds, and the
currently available funds at the time the | 8 |
| request for proposal is submitted.
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| (4) Prequalification criteria for design-build | 10 |
| entities wishing to submit
proposals.
The Commission shall | 11 |
| include, at a minimum, its normal
prequalification, | 12 |
| licensing, registration, and other requirements, but | 13 |
| nothing
contained herein precludes the use of additional | 14 |
| prequalification criteria
by the Commission.
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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, and the | 18 |
| entity's plan to comply with the utilization goals | 19 |
| established by the corporate authorities of the Commission | 20 |
| for minority and women business enterprises and to comply | 21 |
| 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 | 24 |
| solicitation.
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| (8) The number of entities that will be considered for | 26 |
| the technical and
cost
evaluations evaluation phase .
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| (c) The Commission may include any other relevant | 2 |
| information
that it
chooses to supply. The design-build entity | 3 |
| shall be entitled to rely upon the
accuracy of this | 4 |
| documentation in the development of its proposal.
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| (d) Proposals shall be due within a reasonable period of | 6 |
| time to allow for entities to prepare their responses, given | 7 |
| the size and complexity of the contemplated project. In the | 8 |
| event that the Commission contemplates a multiple step | 9 |
| procurement process, the request for proposals shall provide a | 10 |
| schedule for the proposal process. The date that proposals are | 11 |
| due must be at least 21 calendar days after
the date of the | 12 |
| issuance of the request for proposal. In the event the cost of
| 13 |
| the project
is estimated to exceed $12,000,000, then the | 14 |
| proposal due date must be at least
28 calendar days after the | 15 |
| date of the issuance of the request for proposal.
The | 16 |
| Commission shall include in the request for proposal a
minimum | 17 |
| of 30 days
to develop the Phase II submissions after the | 18 |
| selection of entities
from the Phase I evaluation is completed.
| 19 |
| (e) This Section is repealed 5 years after the effective | 20 |
| date of this amendatory Act of the 95th General Assembly.
| 21 |
| (Source: P.A. 95-595, eff. 6-1-08 .) | 22 |
| (50 ILCS 20/20.5) | 23 |
| (Section scheduled to be repealed on June 1, 2013) | 24 |
| Sec. 20.5. Procedures for design-build selection. | 25 |
| (a) The Commission shall include in the request for |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| proposals the evaluating factors to be used to assess the | 2 |
| qualifications of the design-build entities. The Commission | 3 |
| shall maintain a record of the evaluation scoring. The record | 4 |
| shall be disclosed in the event of any protest regarding the | 5 |
| solicitation. | 6 |
| The following criteria must be included in every evaluation | 7 |
| of the qualifications of the design-build entities: (1) | 8 |
| experience of personnel; (2) successful experience with | 9 |
| similar project types; (3) financial capability; (4) | 10 |
| timeliness of past performance; (5) experience with similarly | 11 |
| sized projects; (6) successful reference checks of the firm; | 12 |
| (7) commitment to assign personnel for the duration of the | 13 |
| project and qualifications of the entity's consultants; and (8) | 14 |
| ability or past performance in meeting or exhausting good faith | 15 |
| efforts to meet the utilization goals for minority and women | 16 |
| business enterprises established by the corporate authorities | 17 |
| of the Commission and in complying with Section 2-105 of the | 18 |
| Illinois Human Rights Act. The Commission may include any | 19 |
| additional relevant criteria that it deems necessary for a | 20 |
| proper qualification review. | 21 |
| The Commission may not consider any design-build entity for | 22 |
| evaluation or award if the entity has any pecuniary interest in | 23 |
| the project or has other relationships or circumstances, | 24 |
| including but not limited to, long-term leasehold, mutual | 25 |
| performance, or development contracts with the Commission, | 26 |
| that may give the design-build entity a financial or tangible |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| advantage over other design-build entities in the preparation, | 2 |
| evaluation, or performance of the design-build contract, or | 3 |
| that create the appearance of impropriety. No design-build | 4 |
| proposal shall be considered that does not include an entity's | 5 |
| plan to comply with the requirements established in the | 6 |
| minority and women business enterprises and economically | 7 |
| disadvantaged firms established by the corporate authorities | 8 |
| of the Commission and with Section 2-105 of the Illinois Human | 9 |
| Rights Act. | 10 |
| (b) The Commission shall not be required to review the | 11 |
| technical and cost proposals of the firms that it finds to be | 12 |
| unqualified pursuant to the evaluation criteria in subsection | 13 |
| (a). The Commission shall include in the request for proposals | 14 |
| the evaluating factors to be used to assess the technical and | 15 |
| cost proposals of the qualified design-build entities. The | 16 |
| Commission shall maintain a record of the evaluation scoring. | 17 |
| The record shall be disclosed in the event of any protest | 18 |
| regarding the solicitation. | 19 |
| The Commission shall include the following criteria in | 20 |
| every technical evaluation of the design-build entities: (1) | 21 |
| compliance with the objectives of the project; (2) compliance | 22 |
| of proposed services to the request for proposal requirements; | 23 |
| (3) quality of products or materials proposed; (4) quality of | 24 |
| design parameters; (5) design concepts; (6) innovation in | 25 |
| meeting the scope and performance criteria; and (7) | 26 |
| constructability of the proposed project. The Commission may |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| include any relevant technical evaluation factors it deems | 2 |
| necessary for proper selection. | 3 |
| The Commission shall include the following criteria in | 4 |
| every cost evaluation: (1) guaranteed maximum project cost or | 5 |
| lump sum project cost and (2) proposed schedule for project | 6 |
| completion. The Commission may include any additional relevant | 7 |
| technical evaluation factors it deems necessary for proper | 8 |
| selection. | 9 |
| The Commission shall directly employ or retain a licensed | 10 |
| design professional to evaluate the technical and cost | 11 |
| submissions to determine if the technical submissions are in | 12 |
| accordance with generally accepted industry standards. | 13 |
| Upon completion of the technical and cost evaluations, the | 14 |
| Commission may award a design-build contract to the qualified | 15 |
| design-build entity that the Commission determines offers the | 16 |
| best value in terms of quality, cost, and proposed time of | 17 |
| completion. | 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 | 26 |
| design-build entities that the Commission has set
forth. Each |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| request for proposal shall establish the relative importance
| 2 |
| assigned to each evaluation factor and subfactor, including any | 3 |
| weighting of
criteria to be employed by the Commission. The | 4 |
| Commission must maintain a
record of the evaluation scoring to | 5 |
| be disclosed in event of a protest
regarding the solicitation. | 6 |
| The Commission shall include the following criteria in | 7 |
| every
Phase I
evaluation of design-build entities: (1) | 8 |
| experience of personnel; (2)
successful
experience with | 9 |
| similar project types; (3) financial capability; (4) | 10 |
| timeliness
of past performance; (5) experience with similarly | 11 |
| sized projects; (6)
successful reference checks of the firm; | 12 |
| (7) commitment to assign personnel
for the duration of the | 13 |
| project and qualifications of the entity's consultants; and (8) | 14 |
| ability or past performance in meeting or exhausting good faith | 15 |
| efforts to meet the utilization goals for minority and women | 16 |
| business enterprises established by the corporate authorities | 17 |
| of the Commission and in complying with Section 2-105 of the | 18 |
| Illinois Human Rights Act. The Commission may include any | 19 |
| additional relevant criteria in Phase I that it deems necessary | 20 |
| for a proper qualification review.
The Commission may include | 21 |
| any additional relevant criteria in
Phase I that
it deems | 22 |
| necessary for a proper qualification review. | 23 |
| The Commission may not consider any design-build entity for
| 24 |
| evaluation or
award if the entity has any pecuniary interest in | 25 |
| the project or has other
relationships or circumstances, | 26 |
| including but not limited to, long-term
leasehold, mutual |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| performance, or development contracts with the Commission,
| 2 |
| that may give the design-build entity a financial or tangible | 3 |
| advantage over
other design-build entities in the preparation, | 4 |
| evaluation, or performance of
the
design-build contract or that | 5 |
| create the appearance of impropriety. No design-build proposal | 6 |
| shall be considered that does not include an entity's plan to | 7 |
| comply with the requirements established in the minority and | 8 |
| women business enterprises and economically disadvantaged | 9 |
| firms established by the corporate authorities of the | 10 |
| Commission and with Section 2-105 of the Illinois Human Rights | 11 |
| Act.
| 12 |
| Upon completion of the qualifications evaluation, the | 13 |
| Commission shall
create a shortlist of the most highly | 14 |
| qualified design-build entities. The
Commission, in its | 15 |
| discretion, is not required to shortlist the
maximum number of
| 16 |
| entities as identified for Phase II evaluation, provided | 17 |
| however, no less than
2
design-build entities nor more than 6 | 18 |
| are selected to submit Phase II
proposals.
| 19 |
| The Commission shall notify the entities selected for the
| 20 |
| shortlist in
writing. This notification shall commence the | 21 |
| period for the preparation of the
Phase II technical and cost | 22 |
| evaluations. The Commission must
allow sufficient
time for the | 23 |
| shortlist entities to prepare their Phase II submittals
| 24 |
| considering
the scope and detail requested by the Commission. | 25 |
| (c) The Commission shall include in the request for | 26 |
| proposal
the
evaluating factors to be used in the technical and |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| cost submission components
of Phase II. Each request for | 2 |
| proposal shall establish, for both the technical
and cost | 3 |
| submission components of Phase II, the relative importance | 4 |
| assigned to
each evaluation factor and subfactor, including any | 5 |
| weighting of criteria to be
employed by the Commission. The | 6 |
| Commission must
maintain a record of the
evaluation scoring to | 7 |
| be disclosed in event of a protest regarding the
solicitation.
| 8 |
| The Commission shall include the following criteria in | 9 |
| every
Phase II
technical evaluation of design-build entities: | 10 |
| (1) compliance with objectives
of
the
project; (2) compliance | 11 |
| of proposed services to the request for proposal
requirements; | 12 |
| (3) quality of products or materials proposed; (4) quality of
| 13 |
| design parameters; (5) design concepts; (6) innovation in | 14 |
| meeting the scope and
performance criteria; and (7) | 15 |
| constructability of the
proposed project. The Commission may | 16 |
| include any additional
relevant
technical evaluation factors | 17 |
| it deems necessary for proper selection. | 18 |
| The Commission shall include the following criteria in | 19 |
| every
Phase II cost
evaluation: the guaranteed maximum project | 20 |
| cost and the time of
completion. The Commission may include any | 21 |
| additional relevant
technical
evaluation factors it deems | 22 |
| necessary for proper selection. The guaranteed maximum project | 23 |
| cost criteria weighing factor shall not exceed 30%. | 24 |
| The Commission shall directly employ or retain a licensed
| 25 |
| design
professional to evaluate the technical and cost | 26 |
| submissions to determine if the
technical submissions are in |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| accordance with generally
accepted industry standards. | 2 |
| Upon completion of the technical submissions and cost | 3 |
| submissions evaluation,
the Commission may award the | 4 |
| design-build contract to the
highest
overall ranked entity. | 5 |
| (c) (d) This Section is repealed 5 years after the | 6 |
| effective date of this amendatory Act of the 95th General | 7 |
| Assembly.
| 8 |
| (Source: P.A. 95-595, eff. 6-1-08 .) | 9 |
| (50 ILCS 20/20.12 new)
| 10 |
| Sec. 20.12. Competitive negotiation. If the Executive | 11 |
| Director determines it is in the Commission's best interests, | 12 |
| the Commission may enter into competitive negotiations with the | 13 |
| qualified design-build entities. The Commission shall provide | 14 |
| the qualified design-build entities with appropriate notice of | 15 |
| the Commission's intent to enter into competitive | 16 |
| negotiations. Such notice shall include a detailed description | 17 |
| of the competitive negotiation process, which may include value | 18 |
| engineering or similar revisions to the scope of the project. | 19 |
| The Commission may require each qualified design-build entity | 20 |
| to furnish its best and final offer for the design and | 21 |
| construction of the project. Upon completion of the competitive | 22 |
| negotiations, the Commission may award a design-build contract | 23 |
| to the qualified design-build entity that the Commission | 24 |
| determines has offered the best value in terms of quality, | 25 |
| cost, and proposed time of completion. |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| (50 ILCS 20/20.15)
| 2 |
| (Section scheduled to be repealed on June 1, 2013) | 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 |
| Design-build Phase II design-build proposals shall include | 12 |
| a bid bond in the form and security as designated in
the | 13 |
| request for proposals. Proposals shall also contain a separate | 14 |
| sealed
envelope with the cost information within the overall | 15 |
| proposal submission.
Proposals shall include a list of all | 16 |
| design professionals and other entities
to which any work | 17 |
| identified in Section 30-30 of the Illinois Procurement Code as | 18 |
| a 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 |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 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 5 years after the effective date | 9 |
| of this amendatory Act of the 95th General Assembly.
| 10 |
| (Source: P.A. 95-595, eff. 6-1-08 .) | 11 |
| (50 ILCS 20/20.20)
| 12 |
| (Section scheduled to be repealed on June 1, 2013) | 13 |
| Sec. 20.20. Design-build award. The Commission may award a | 14 |
| design-build contract to the qualified design-build entity | 15 |
| that the Commission determines has offered the best value in | 16 |
| terms of quality, cost, and proposed time of completion. Notice | 17 |
| of the award shall be made in writing. Unsuccessful entities | 18 |
| shall also be notified in writing. The Commission may award a | 19 |
| design-build contract to
the highest
overall ranked entity. | 20 |
| Notice of award shall be made in writing. Unsuccessful
entities | 21 |
| shall also be notified in writing. The Commission may
not | 22 |
| request a
best and final offer after the receipt of proposals. | 23 |
| The Commission may
negotiate with the selected design-build | 24 |
| entity after award but prior to
contract
execution for the | 25 |
| purpose of securing better terms than originally proposed,
|
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| provided that the salient features of the request for proposal | 2 |
| are not
diminished. | 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 20/20.25)
| 7 |
| (Section scheduled to be repealed on June 1, 2013) | 8 |
| Sec. 20.25. Minority and female owned enterprises; total | 9 |
| construction budget. | 10 |
| (a) Each year, within 60 days following the end of a | 11 |
| commission's fiscal year, the commission shall provide a report | 12 |
| to the General Assembly addressing the utilization of minority | 13 |
| and female owned business enterprises on design-build | 14 |
| projects. | 15 |
| (b) The payments for design-build projects by any | 16 |
| commission in one fiscal year shall not exceed 25% of the | 17 |
| moneys spent on construction projects during the same fiscal | 18 |
| year. | 19 |
| (b) (c) This Section is repealed 5 years after the | 20 |
| effective date of this amendatory Act of the 95th General | 21 |
| Assembly.
| 22 |
| (Source: P.A. 95-595, eff. 6-1-08 .)
| 23 |
| (50 ILCS 20/20.10 rep.)
| 24 |
| Section 10. The Public Building Commission Act is amended |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| by repealing Section 20.10. | 2 |
| Section 15. The Chicago Park District Act is amended by | 3 |
| adding Sections 26.10-4, 26.10-5, 26.10-6, 26.10-7, 26.10-8, | 4 |
| 26.10-9, 26.10-10, and 26.10-11 as follows: | 5 |
| (70 ILCS 1505/26.10-4 new) | 6 |
| Sec. 26.10-4. Definitions. The following terms, whenever | 7 |
| used or referred to in this Act, have the following meaning | 8 |
| unless the context requires a different meaning: | 9 |
| "Delivery system" means the design and construction | 10 |
| approach used to develop and construct a project. | 11 |
| "Design-bid-build" means the traditional delivery system | 12 |
| used on public
projects that incorporates the Local Government | 13 |
| Professional Services Selection Act (50 ILCS 510/) and the
| 14 |
| principles of competitive selection.
| 15 |
| "Design-build" means a delivery system that provides | 16 |
| responsibility within a
single contract for the furnishing of | 17 |
| architecture, landscape architecture, engineering, land | 18 |
| surveying
and related services as required, and the labor, | 19 |
| materials, equipment, and
other construction services for the | 20 |
| project.
| 21 |
| "Design-build contract" means a contract for a public | 22 |
| project under this Act
between the Chicago Park District and a | 23 |
| design-build entity to furnish
architecture,
engineering, land | 24 |
| surveying, and related services as required, and to furnish
the |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| labor, materials, equipment, and other construction services | 2 |
| for the
project. The design-build contract may be conditioned | 3 |
| upon subsequent
refinements in scope and price and may allow | 4 |
| the Chicago Park District to
make
modifications in the project | 5 |
| scope without invalidating the design-build
contract.
| 6 |
| "Design-build entity" means any individual, sole | 7 |
| proprietorship, firm,
partnership, joint venture, corporation, | 8 |
| professional corporation, or other
entity that proposes to | 9 |
| design and construct any public project under this Act.
A | 10 |
| design-build entity and associated design-build professionals | 11 |
| shall conduct themselves in accordance with the laws of this | 12 |
| State and the related provisions of the Illinois Administrative | 13 |
| Code, as referenced by the licensed design professionals Acts | 14 |
| of this State.
| 15 |
| "Design professional" means any individual, sole | 16 |
| proprietorship, firm,
partnership, joint venture, corporation, | 17 |
| professional corporation, or other
entity that offers services | 18 |
| under the Illinois Architecture Practice Act of
1989 (225 ILCS | 19 |
| 305/), the Illinois Landscape Architecture Act of 1989 (225 | 20 |
| ILCS 315/), the Professional Engineering Practice Act of 1989 | 21 |
| (225
ILCS 325/),
the Structural Engineering Licensing Act of | 22 |
| 1989 (225 ILCS 340/), or the
Illinois Professional
Land | 23 |
| Surveyor Act of 1989 (225 ILCS 330/).
| 24 |
| "Evaluation criteria" means the requirements for the | 25 |
| separate phases of the
selection process for design-build | 26 |
| proposals as defined in this Act and may include the |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| specialized
experience, technical qualifications and | 2 |
| competence, capacity to perform, past
performance, experience | 3 |
| with similar projects, assignment of personnel to the
project, | 4 |
| and other appropriate factors. Price may not be used as a | 5 |
| factor in
the evaluation of Phase I proposals.
| 6 |
| "Proposal" means the offer to enter into a design-build | 7 |
| contract as submitted
by a design-build entity in accordance | 8 |
| with this Act.
| 9 |
| "Request for proposal" means the document used by the | 10 |
| Chicago Park District
to solicit
proposals for a design-build | 11 |
| contract.
| 12 |
| "Scope and performance criteria" means the requirements | 13 |
| for the public
project, including but not limited to, the | 14 |
| intended usage, capacity, size,
scope, quality and performance | 15 |
| standards, life-cycle costs, and other
programmatic criteria | 16 |
| that are expressed in performance-oriented and
quantifiable | 17 |
| specifications and drawings that can be reasonably inferred and
| 18 |
| are suited to allow a design-build entity to develop a | 19 |
| proposal.
| 20 |
| "Guaranteed maximum price" means a form of contract in | 21 |
| which compensation may vary according to the scope of work | 22 |
| involved but in any case may not exceed an agreed total amount.
| 23 |
| (70 ILCS 1505/26.10-5 new) | 24 |
| Sec. 26.10-5. Authorization for design-build; | 25 |
| advertisement. |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| (a) The Chicago Park District shall have the power to enter | 2 |
| into design-build contracts. In addition to the requirements | 3 |
| set forth in its ordinances, the Chicago Park District shall | 4 |
| advertise a design-build solicitation at least once in a daily | 5 |
| newspaper of general circulation in Cook County. The date that | 6 |
| Phase I submissions by design-build entities are due must be at | 7 |
| least 14 calendar days after the date the newspaper | 8 |
| advertisement for design-build proposals is first published. | 9 |
| The advertisement shall identify the design-build project, the | 10 |
| due date, the place and time for Phase I submissions, and the | 11 |
| place where proposers can obtain a complete copy of the request | 12 |
| for design-build proposals, including the criteria for | 13 |
| evaluation and the scope and performance criteria. The Chicago | 14 |
| Park District is not precluded from using other media or from | 15 |
| placing advertisements in addition to the one required under | 16 |
| this subsection. | 17 |
| (b) The Chicago Park District may reject any and all bids | 18 |
| and proposals received and may readvertise for bids or issue a | 19 |
| new request for design-build proposals. | 20 |
| (70 ILCS 1505/26.10-6 new) | 21 |
| Sec. 26.10-6. Solicitation of design-build proposals. | 22 |
| (a) When the Chicago Park District elects to use the | 23 |
| design-build delivery
method, it must
issue a notice of intent | 24 |
| to receive proposals for the project at
least 14 days before | 25 |
| issuing the request for the proposal. The Chicago Park District
|
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| must publish the advance notice in a daily newspaper of general | 2 |
| circulation in Cook County. The
Chicago Park District is | 3 |
| encouraged to use publication of the notice in related | 4 |
| construction
industry service publications. A brief | 5 |
| description of the proposed procurement
must be included in the | 6 |
| notice. The Chicago Park District must provide a
copy of the
| 7 |
| request for proposal to any party requesting a copy. | 8 |
| (b) The request for proposal shall be prepared for each | 9 |
| project and must
contain, without limitation, the following | 10 |
| information: | 11 |
| (1) A preliminary schedule for the completion of the | 12 |
| contract.
| 13 |
| (2) The proposed budget for the project, the source of | 14 |
| funds, and the
currently available funds at the time the | 15 |
| request for proposal is submitted.
| 16 |
| (3) Prequalification criteria for design-build | 17 |
| entities wishing to submit
proposals.
The Chicago Park | 18 |
| District shall include, at a minimum, its normal
| 19 |
| prequalification, licensing, registration, and other | 20 |
| requirements, but nothing
contained herein precludes the | 21 |
| use of additional prequalification criteria
by the Chicago | 22 |
| Park District.
| 23 |
| (4) Material requirements of the contract, including | 24 |
| but not limited to,
the proposed terms and conditions, | 25 |
| required performance and payment bonds,
insurance, and the | 26 |
| entity's plan to comply with the utilization goals |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| established by the corporate authorities of the Chicago | 2 |
| Park District for minority and women business enterprises | 3 |
| and to comply with Section 2-105 of the Illinois Human | 4 |
| Rights Act.
| 5 |
| (5) The performance criteria.
| 6 |
| (6) The evaluation criteria for each phase of the | 7 |
| solicitation.
| 8 |
| (7) The number of entities that will be considered for | 9 |
| the technical and
cost
evaluation phase.
| 10 |
| (c) The Chicago Park District may include any other | 11 |
| relevant information
that it
chooses to supply. The | 12 |
| design-build entity shall be entitled to rely upon the
accuracy | 13 |
| of this documentation in the development of its proposal. | 14 |
| (d) The date that proposals are due must be at least 21 | 15 |
| calendar days after
the date of the issuance of the request for | 16 |
| proposal. In the event the cost of
the project
is estimated to | 17 |
| exceed $12,000,000, then the proposal due date must be at least
| 18 |
| 28 calendar days after the date of the issuance of the request | 19 |
| for proposal.
The Chicago Park District shall include in the | 20 |
| request for proposal a
minimum of 30 days
to develop the Phase | 21 |
| II submissions after the selection of entities
from the Phase I | 22 |
| evaluation is completed. | 23 |
| (70 ILCS 1505/26.10-7 new) | 24 |
| Sec. 26.10-7. Development of design-build scope and | 25 |
| performance criteria. |
|
|
|
09600HB3986sam001 |
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LRB096 09396 RLJ 25920 a |
|
| 1 |
| (a) The Chicago Park District shall develop, with the | 2 |
| assistance of a
licensed design professional, a request
for | 3 |
| proposal, which shall include scope and performance criteria.
| 4 |
| The scope and performance criteria must be in sufficient detail | 5 |
| and contain
adequate information to reasonably apprise the | 6 |
| qualified design-build entities
of the Chicago Park District's | 7 |
| overall programmatic needs and goals,
including criteria and | 8 |
| preliminary design plans,
general budget parameters, schedule, | 9 |
| and delivery requirements. | 10 |
| (b) Each request for proposal shall also include a | 11 |
| description of the level
of design to be provided in the | 12 |
| proposals. This description must include the
scope and type of | 13 |
| renderings, drawings, and specifications that, at a minimum,
| 14 |
| will be required by the Chicago Park District to be produced by | 15 |
| the
design-build entities.
| 16 |
| (c) The scope and performance criteria shall be prepared by | 17 |
| a design
professional who is an employee of the Chicago Park | 18 |
| District, or the Chicago Park District may
contract with an | 19 |
| independent design professional selected under the
Local | 20 |
| Government Professional Services Selection Act (50 ILCS 510/) | 21 |
| to provide these services.
| 22 |
| (d) The design professional that prepares the scope and | 23 |
| performance criteria
is prohibited from participating in any | 24 |
| design-build entity proposal for the
project.
| 25 |
| (70 ILCS 1505/26.10-8 new) |
|
|
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| 1 |
| Sec. 26.10-8. Procedures for design-build selection. | 2 |
| (a) The Chicago Park District must use a two-phase | 3 |
| procedure for the
selection of the
successful design-build | 4 |
| entity. Phase I of the procedure will evaluate and
shortlist | 5 |
| the design-build entities based on qualifications, and Phase II
| 6 |
| will
evaluate the technical and cost proposals. | 7 |
| (b) The Chicago Park District shall include in the request | 8 |
| for proposal
the
evaluating factors to be used in Phase I. | 9 |
| These factors are in addition to any
prequalification | 10 |
| requirements of design-build entities that the Chicago Park | 11 |
| District has set
forth. Each request for proposal shall | 12 |
| establish the relative importance
assigned to each evaluation | 13 |
| factor and subfactor, including any weighting of
criteria to be | 14 |
| employed by the Chicago Park District. The Chicago Park | 15 |
| District must maintain a
record of the evaluation scoring to be | 16 |
| disclosed in event of a protest
regarding the solicitation.
| 17 |
| The Chicago Park District shall include the following | 18 |
| criteria in every
Phase I
evaluation of design-build entities: | 19 |
| (1) experience of personnel; (2)
successful
experience with | 20 |
| similar project types; (3) financial capability; (4) | 21 |
| timeliness
of past performance; (5) experience with similarly | 22 |
| sized projects; (6)
successful reference checks of the firm; | 23 |
| (7) commitment to assign personnel
for the duration of the | 24 |
| project and qualifications of the entity's consultants; and (8) | 25 |
| ability or past performance in meeting or exhausting good faith | 26 |
| efforts to meet the utilization goals for minority and women |
|
|
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| 1 |
| business enterprises established by the corporate authorities | 2 |
| of the Chicago Park District and in complying with Section | 3 |
| 2-105 of the Illinois Human Rights Act. The Chicago Park | 4 |
| District may include any additional relevant criteria in Phase | 5 |
| I that it deems necessary for a proper qualification review.
| 6 |
| The Chicago Park District may include any additional relevant | 7 |
| criteria in
Phase I that
it deems necessary for a proper | 8 |
| qualification review.
| 9 |
| The Chicago Park District may not consider any design-build | 10 |
| entity for
evaluation or
award if the entity has any pecuniary | 11 |
| interest in the project or has other
relationships or | 12 |
| circumstances, including but not limited to, long-term
| 13 |
| leasehold, mutual performance, or development contracts with | 14 |
| the Chicago Park District,
that may give the design-build | 15 |
| entity a financial or tangible advantage over
other | 16 |
| design-build entities in the preparation, evaluation, or | 17 |
| performance of
the
design-build contract or that create the | 18 |
| appearance of impropriety. No design-build proposal shall be | 19 |
| considered that does not include an entity's plan to comply | 20 |
| with the requirements established in the minority and women | 21 |
| business enterprises and economically disadvantaged firms | 22 |
| established by the corporate authorities of the Chicago Park | 23 |
| District and with Section 2-105 of the Illinois Human Rights | 24 |
| Act.
| 25 |
| Upon completion of the qualifications evaluation, the | 26 |
| Chicago Park District shall
create a shortlist of the most |
|
|
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| 1 |
| highly qualified design-build entities. The
Chicago Park | 2 |
| District, in its discretion, is not required to shortlist the
| 3 |
| maximum number of
entities as identified for Phase II | 4 |
| evaluation, provided however, no less than
2
design-build | 5 |
| entities nor more than 6 are selected to submit Phase II
| 6 |
| proposals.
| 7 |
| The Chicago Park District shall notify the entities | 8 |
| selected for the
shortlist in
writing. This notification shall | 9 |
| commence the period for the preparation of the
Phase II | 10 |
| technical and cost evaluations. The Chicago Park District must
| 11 |
| allow sufficient
time for the shortlist entities to prepare | 12 |
| their Phase II submittals
considering
the scope and detail | 13 |
| requested by the Chicago Park District.
| 14 |
| (c) The Chicago Park District shall include in the request | 15 |
| for proposal
the
evaluating factors to be used in the technical | 16 |
| and cost submission components
of Phase II. Each request for | 17 |
| proposal shall establish, for both the technical
and cost | 18 |
| submission components of Phase II, the relative importance | 19 |
| assigned to
each evaluation factor and subfactor, including any | 20 |
| weighting of criteria to be
employed by the Chicago Park | 21 |
| District. The Chicago Park District must
maintain a record of | 22 |
| the
evaluation scoring to be disclosed in event of a protest | 23 |
| regarding the
solicitation.
| 24 |
| The Chicago Park District shall include the following | 25 |
| criteria in every
Phase II
technical evaluation of design-build | 26 |
| entities: (1) compliance with objectives
of
the
project; (2) |
|
|
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| 1 |
| compliance of proposed services to the request for proposal
| 2 |
| requirements; (3) quality of products or materials proposed; | 3 |
| (4) quality of
design parameters; (5) design concepts; (6) | 4 |
| innovation in meeting the scope and
performance criteria; and | 5 |
| (7) constructability of the
proposed project. The Chicago Park | 6 |
| District may include any additional
relevant
technical | 7 |
| evaluation factors it deems necessary for proper selection.
| 8 |
| The Chicago Park District shall include the following | 9 |
| criteria in every
Phase II cost
evaluation: the guaranteed | 10 |
| maximum project cost and the time of
completion. The Chicago | 11 |
| Park District may include any additional relevant
technical
| 12 |
| evaluation factors it deems necessary for proper selection. The | 13 |
| guaranteed maximum project cost criteria weighing factor shall | 14 |
| not exceed 30%.
| 15 |
| The Chicago Park District shall directly employ or retain a | 16 |
| licensed
design
professional to evaluate the technical and cost | 17 |
| submissions to determine if the
technical submissions are in | 18 |
| accordance with generally
accepted industry standards.
| 19 |
| Upon completion of the technical submissions and cost | 20 |
| submissions evaluation,
the Chicago Park District may award the | 21 |
| design-build contract to the
highest
overall ranked entity.
| 22 |
| (70 ILCS 1505/26.10-9 new) | 23 |
| Sec. 26.10-9. Small design-build projects. In any case | 24 |
| where the total overall cost of the
project is estimated to be | 25 |
| less than $12,000,000, the Chicago Park District
may combine
|
|
|
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| 1 |
| the two-phase procedure for design-build selection described | 2 |
| in Section 26.10-8 into one combined
step, provided that all | 3 |
| the requirements of evaluation are performed in
accordance with | 4 |
| Section 26.10-8. | 5 |
| (70 ILCS 1505/26.10-10 new) | 6 |
| Sec. 26.10-10. Submission of design-build proposals. | 7 |
| Design-build proposals must be properly identified
and sealed. | 8 |
| Proposals may not be reviewed until after the deadline for
| 9 |
| submission has passed as set forth in the request for | 10 |
| proposals. All
design-build entities submitting proposals | 11 |
| shall be disclosed after the
deadline
for submission, and all | 12 |
| design-build entities who are selected for Phase II
evaluation | 13 |
| shall also be disclosed at the time of that determination. | 14 |
| Phase II design-build proposals shall include a bid bond in | 15 |
| the form and security as designated in
the request for | 16 |
| proposals. Proposals shall also contain a separate sealed
| 17 |
| envelope with the cost information within the overall proposal | 18 |
| submission.
Proposals shall include a list of all design | 19 |
| professionals and other entities
to which any work may be | 20 |
| subcontracted during the performance of the contract.
| 21 |
| Proposals must meet all material requirements of the | 22 |
| request for proposal or
they may be rejected as non-responsive. | 23 |
| The Chicago Park District shall
have the right
to reject any | 24 |
| and all proposals.
| 25 |
| The drawings and specifications of any unsuccessful |
|
|
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| 1 |
| design-build proposal shall remain the property of
the | 2 |
| design-build entity.
| 3 |
| The Chicago Park District shall review the proposals for | 4 |
| compliance with
the
performance criteria and evaluation | 5 |
| factors.
| 6 |
| Proposals may be withdrawn prior to the due date and time | 7 |
| for submissions for any cause. After
evaluation begins by the | 8 |
| Chicago Park District, clear and convincing
evidence of error
| 9 |
| is required for withdrawal.
| 10 |
| (70 ILCS 1505/26.10-11 new) | 11 |
| Sec. 26.10-11. Design-build award. The Chicago Park | 12 |
| District may award a design-build contract to
the highest
| 13 |
| overall ranked entity. Notice of award shall be made in | 14 |
| writing. Unsuccessful
entities shall also be notified in | 15 |
| writing. The Chicago Park District may
not request a
best and | 16 |
| final offer after the receipt of proposals. The Chicago Park | 17 |
| District may
negotiate with the selected design-build entity | 18 |
| after award but prior to
contract
execution for the purpose of | 19 |
| securing better terms than originally proposed,
provided that | 20 |
| the salient features of the request for proposal are not
| 21 |
| diminished.
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
|
|