(50 ILCS 20/3) (from Ch. 85, par. 1033)
Sec. 3. The following terms, wherever used, or referred to in this Act,
mean unless the context clearly requires a different meaning:
(a) "Commission" means a Public Building Commission created pursuant to
this Act.
(b) "Commissioner" or "Commissioners" means a Commissioner or
Commissioners of a Public Building Commission.
(c) "County seat" means a city, village or town which is the county seat
of a county.
(d) "Municipality" means any city, village or incorporated town of the
State of Illinois.
(e) "Municipal corporation" includes a county, city, village, town,
(including a county seat), park district,
school district in a county of 3,000,000 or more population, board of
education of a school district in a county of 3,000,000 or more population,
sanitary district,
airport authority contiguous with the County
Seat as of July 1, 1969 and any other municipal body or governmental agency
of the State, and until July 1, 2011, a school district that (i) was organized prior to 1860, (ii) is located in part in a city originally incorporated prior to 1840, and (iii) entered into a lease with a Commission prior to 1993, and its board of education, but does not include a school district in a county of less
than 3,000,000 population, a board of education of a school district in a
county of less than 3,000,000 population, or a community college district in
a county of less than 3,000,000 population, except that until July 1, 2011, a school district that (i) was organized prior to 1860, (ii) is located in part in a city originally incorporated prior to 1840, and (iii) entered into a lease with a Commission prior to 1993, and its board of education, are included.
(f) "Governing body" includes a city council, county board, or any other
body or board, by whatever name it may be known, charged with the governing
of a municipal corporation.
(g) "Presiding officer" includes the mayor or president of a city,
village or town, the presiding officer of a county board, or the presiding
officer of any other board or commission, as the case may be.
(h) "Oath" means oath or affirmation.
(i) "Building" means an improvement to real estate to be made available
for use by a municipal corporation for the furnishing of governmental
services to its citizens, together with any land or interest in land
necessary or useful in connection with the improvement.
(j) "Delivery system" means the design and construction approach used to develop
and construct a project.
(k) "Design-bid-build" means the traditional delivery system used on public
projects that incorporates the Local Government Professional Services Selection Act (50 ILCS 510/) and the
principles of competitive selection.
(l) "Design-build" means a delivery system that provides responsibility within a
single contract for the furnishing of architecture, engineering, land surveying
and related services as required, and the labor, materials, equipment, and
other construction services for the project.
(m) "Design-build contract" means a contract for a public project under this Act
between the Commission and a design-build entity to furnish
architecture,
engineering, land surveying, and related services as required, and to furnish
the labor, materials, equipment, and other construction services for the
project. The design-build contract may be conditioned upon subsequent
refinements in scope and price and may allow the Commission to
make
modifications in the project scope without invalidating the design-build
contract.
(n) "Design-build entity" means any individual, sole proprietorship, firm,
partnership, joint venture, corporation, professional corporation, or other
entity that proposes to design and construct any public project under this Act.
A design-build entity and associated design-build professionals shall conduct themselves in accordance with the laws of this State and the related provisions of the Illinois Administrative Code, as referenced by the licensed design professionals Acts of this State.
(o) "Design professional" means any individual, sole proprietorship, firm,
partnership, joint venture, corporation, professional corporation, or other
entity that offers services under the Illinois Architecture Practice Act of
1989 (225 ILCS 305/), the Professional Engineering Practice Act of 1989 (225
ILCS 325/),
the Structural Engineering Licensing Act of 1989 (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act of 1989 (225 ILCS 330/).
(p) "Evaluation criteria" means the requirements for the separate phases of the
selection process for design-build proposals as defined in this Act and may include the specialized
experience, technical qualifications and competence, capacity to perform, past
performance, experience with similar projects, assignment of personnel to the
project, and other appropriate factors. Price may not be used as a factor in
the evaluation of Phase I proposals.
(q) "Proposal" means the offer to enter into a design-build contract as submitted
by a design-build entity in accordance with this Act.
(r) "Request for proposal" means the document used by the Commission
to solicit
proposals for a design-build contract.
(s) "Scope and performance criteria" means the requirements for the public
project, including but not limited to, the intended usage, capacity, size,
scope, quality and performance standards, life-cycle costs, and other
programmatic criteria that are expressed in performance-oriented and
quantifiable specifications and drawings that can be reasonably inferred and
are suited to allow a design-build entity to develop a proposal.
(t) "Guaranteed maximum price" means a form of contract in which compensation may vary according to the scope of work involved but in any case may not exceed an agreed total amount.
Definitions in this Section with respect to design-build shall have no effect beginning 5 years after the effective date of this amendatory Act of the 95th General Assembly.
(Source: P.A. 94-1071, eff. 1-1-07; 95-595, eff. 6-1-08.)
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