Public Act 100-0610
 
SB3128 EnrolledLRB100 15914 HLH 31029 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Quincy
Veterans' Home Rehabilitation and Rebuilding Act.
 
    Section 5. Legislative policy. It is the intent of the
General Assembly that the Capital Development Board or the
Department of Veterans' Affairs be allowed to use the
design-build delivery method for public projects to renovate,
restore, rehabilitate, or rebuild the Quincy Veterans' Home, if
it is shown to be in the State's best interests for that
particular project. It shall be the policy of the Capital
Development Board and the Department of Veterans' Affairs in
the procurement of design-build services to publicly announce
all requirements for design-build services for the Quincy
Veterans' Home and to procure these services on the basis of
demonstrated competence and qualifications and with due regard
for the principles of competitive selection.
    The Capital Development Board and the Department of
Veterans' Affairs shall, prior to issuing requests for
proposals, promulgate and publish procedures for the
solicitation and award of contracts pursuant to this Act.
    The Capital Development Board and the Department of
Veterans' Affairs shall, for each public project or projects
permitted under this Act, make a written determination,
including a description as to the particular advantages of the
design-build procurement method, that it is in the best
interests of this State to enter into a design-build contract
for the project or projects. In making that determination, the
following factors shall be considered:
        (1) The probability that the design-build procurement
    method will be in the best interests of the State by
    providing a material savings of time or cost over the
    design-bid-build or other delivery system.
        (2) The type and size of the project and its
    suitability to the design-build procurement method.
        (3) The ability of the State construction agency to
    define and provide comprehensive scope and performance
    criteria for the project.
    No State construction agency may use a design-build
procurement method unless the agency determines in writing that
the project will comply with the disadvantaged business and
equal employment practices of the State as established in the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act and Section 2-105 of the Illinois Human Rights
Act.
    The Capital Development Board or the Department of
Veterans' Affairs shall, within 15 days after the initial
determination, provide an advisory copy to the Procurement
Policy Board and maintain the full record of determination for
5 years.
 
    Section 10. Definitions. As used in this Act:
    "State construction agency" means the Capital Development
Board or the Department of Veterans' Affairs.
    "Delivery system" means the design and construction
approach used to develop and construct a project.
    "Design-bid-build" means the traditional delivery system
used on public projects in this State that incorporates the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act and the principles of competitive selection
in the Illinois Procurement Code, subject to the provisions of
Section 1-35 of the Code.
    "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.
    "Design-build contract" means a contract for a public
project under this Act between the State construction agency
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 State construction agency to
make modifications in the project scope without invalidating
the design-build contract.
    "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 professional Acts of
this State.
    "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, the
Professional Engineering Practice Act of 1989, the Structural
Engineering Licensing Act of 1989, or the Illinois Professional
Land Surveyor Act of 1989.
    "Evaluation criteria" means the requirements for the
separate phases of the selection process as defined in this Act
and includes 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.
    "Proposal" means the offer to enter into a design-build
contract as submitted by a design-build entity in accordance
with this Act.
    "Request for proposal" means the document used by the State
construction agency to solicit proposals for a design-build
contract.
    "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.
 
    Section 12. Scope of authority. The authority granted under
this Act may only be used for services and public projects
directly related to the renovation, restoration,
rehabilitation, or rebuilding of the Quincy Veterans' Home.
 
    Section 15. Solicitation of proposals.
    (a) When the State construction agency elects to use the
design-build delivery method, it must issue a notice of intent
to receive requests for proposals for the project at least 14
days before issuing the request for proposal. The State
construction agency must publish the advance notice in the
official procurement bulletin of the State or the professional
services bulletin of the State construction agency, if any. The
agency is encouraged to use publication of the notice in
related construction industry service publications. A brief
description of the proposed procurement must be included in the
notice. The State construction agency must provide a copy of
the request for proposal to any party requesting a copy.
    (b) The request for proposal shall be prepared for each
project and must contain, without limitation, the following
information:
        (1) The name of the State construction agency.
        (2) A preliminary schedule for the completion of the
    contract.
        (3) The proposed budget for the project, the source of
    funds, and the currently available funds at the time the
    request for proposal is submitted.
        (4) Prequalification criteria for design-build
    entities wishing to submit proposals. The State
    construction agency shall include, at a minimum, its normal
    prequalification, licensing, registration, and other
    requirements, but nothing contained herein precludes the
    use of additional prequalification criteria by the State
    construction agency.
        (5) Material requirements of the contract, including,
    but not limited to, the proposed terms and conditions,
    required performance and payment bonds, insurance, and the
    entity's plan to comply with the utilization goals for
    business enterprises established in the Business
    Enterprise for Minorities, Women, and Persons with
    Disabilities Act, and with Section 2-105 of the Illinois
    Human Rights Act.
        (6) The performance criteria.
        (7) The evaluation criteria for each phase of the
    solicitation.
        (8) The number of entities that will be considered for
    the technical and cost evaluation phase.
    (c) The State construction agency may include any other
relevant information that it chooses to supply. The
design-build entity shall be entitled to rely upon the accuracy
of this documentation in the development of its proposal.
    (d) The date that proposals are due must be at least 21
calendar days after the date of the issuance of the request for
proposal. In the event the cost of the project is estimated to
exceed $10,000,000, then the proposal due date must be at least
28 calendar days after the date of the issuance of the request
for proposal. The State construction agency shall include in
the request for proposal a minimum of 30 days to develop the
Phase II submissions after the selection of entities from the
Phase I evaluation is completed.
 
    Section 20. Development of scope and performance criteria.
    (a) The State construction agency shall develop, with the
assistance of a licensed design professional, a request for
proposal, which shall include scope and performance criteria.
The scope and performance criteria must be in sufficient detail
and contain adequate information to reasonably apprise the
qualified design-build entities of the State construction
agency's overall programmatic needs and goals, including
criteria and preliminary design plans, general budget
parameters, schedule, and delivery requirements.
    (b) Each request for proposal shall also include a
description of the level of design to be provided in the
proposals. This description must include the scope and type of
renderings, drawings, and specifications that, at a minimum,
will be required by the State construction agency to be
produced by the design-build entities.
    (c) The scope and performance criteria shall be prepared by
a design professional who is an employee of the State
construction agency, or the State construction agency may
contract with an independent design professional selected
under the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act to provide these services.
    (d) The design professional that prepares the scope and
performance criteria is prohibited from participating in any
design-build entity proposal for the project.
 
    Section 25. Selection committee.
    (a) When the State construction agency elects to use the
design-build delivery method, it shall establish a committee to
evaluate and select the design-build entity. The committee,
under the discretion of the State construction agency, shall
consist of at least 5 but no more than 7 members and shall
include at least one licensed design professional and 2 members
of the public, one of whom shall be a resident of the Quincy
Veterans' Home and one of whom shall be a resident of the City
of Quincy. Public members may not be employed or associated
with any firm holding a contract with the State construction
agency.
    (b) The members of the selection committee must certify for
each request for proposal that no conflict of interest exists
between the members and the design-build entities submitting
proposals. If a conflict is discovered before proposals are
reviewed, the member must be replaced before any review of
proposals.
    If a conflict is discovered after proposals are reviewed,
the member with the conflict shall be removed and the committee
may continue with only one public member.
    If at least 5 members remain, the remaining committee
members may complete the selection process.
 
    Section 30. Procedures for selection.
    (a) The State construction agency must use a two-phase
procedure for the selection of the successful design-build
entity. Phase I of the procedure will evaluate and shortlist
the design-build entities based on qualifications, and Phase II
will evaluate the technical and cost proposals.
    (b) The State construction agency shall include in the
request for proposal the evaluating factors to be used in Phase
I. These factors are in addition to any prequalification
requirements of design-build entities that the agency has set
forth. Each request for proposal shall establish the relative
importance assigned to each evaluation factor and subfactor,
including any weighting of criteria to be employed by the State
construction agency. The State construction agency must
maintain a record of the evaluation scoring to be disclosed in
the event of a protest regarding the solicitation.
    The State construction agency shall include the following
criteria in every Phase I evaluation of design-build entities:
(1) experience of personnel; (2) successful experience with
similar project types; (3) financial capability; (4)
timeliness of past performance; (5) experience with similarly
sized projects; (6) successful reference checks of the firm;
(7) commitment to assign personnel for the duration of the
project and qualifications of the entity's consultants; and (8)
ability or past performance in meeting or exhausting good faith
efforts to meet the utilization goals for business enterprises
established in the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act and with Section 2-105 of the
Illinois Human Rights Act. The State construction agency may
include any additional relevant criteria in Phase I that it
deems necessary for a proper qualification review.
    The State construction agency may not consider any
design-build entity for evaluation or award if the entity has
any pecuniary interest in the project or has other
relationships or circumstances, including, but not limited to,
long-term leasehold, mutual performance, or development
contracts with the State construction agency, that may give the
design-build entity a financial or tangible advantage over
other design-build entities in the preparation, evaluation, or
performance of the design-build contract or that create the
appearance of impropriety. No proposal shall be considered that
does not include an entity's plan to comply with the
requirements established in the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act, for both
the design and construction areas of performance, and with
Section 2-105 of the Illinois Human Rights Act.
    Upon completion of the qualifications evaluation, the
State construction agency shall create a shortlist of the most
highly qualified design-build entities. The State construction
agency, in its discretion, is not required to shortlist the
maximum number of entities as identified for Phase II
evaluation, so long as no less than 2 design-build entities nor
more than 6 design-build entities are selected to submit Phase
II proposals.
    The State construction agency shall notify the entities
selected for the shortlist in writing. This notification shall
commence the period for the preparation of the Phase II
technical and cost evaluations. The State construction agency
must allow sufficient time for the shortlist entities to
prepare their Phase II submittals considering the scope and
detail requested by the State agency.
    (c) The State construction agency shall include in the
request for proposal the evaluating factors to be used in the
technical and cost submission components of Phase II. Each
request for proposal shall establish, for both the technical
and cost submission components of Phase II, the relative
importance assigned to each evaluation factor and subfactor,
including any weighting of criteria to be employed by the State
construction agency. The State construction agency must
maintain a record of the evaluation scoring to be disclosed in
the event of a protest regarding the solicitation.
    The State construction agency shall include the following
criteria in every Phase II technical evaluation of design-build
entities: (1) compliance with objectives of the project; (2)
compliance of proposed services to the request for proposal
requirements; (3) quality of products or materials proposed;
(4) quality of design parameters; (5) design concepts; (6)
innovation in meeting the scope and performance criteria; and
(7) constructability of the proposed project. The State
construction agency may include any additional relevant
technical evaluation factors it deems necessary for proper
selection.
    The State construction agency shall include the following
criteria in every Phase II cost evaluation: the total project
cost, the construction costs, and the time of completion. The
State construction agency may include any additional relevant
technical evaluation factors it deems necessary for proper
selection. The total project cost criteria weighing factor
shall be 25%.
    The State construction agency shall directly employ or
retain a licensed design professional to evaluate the technical
and cost submissions to determine if the technical submissions
are in accordance with generally accepted industry standards.
    Upon completion of the technical submissions and cost
submissions evaluation, the State construction agency may
award the design-build contract to the highest overall ranked
entity.
 
    Section 35. Small projects. In any case where the total
overall cost of the project is estimated to be less than
$10,000,000, the State construction agency may combine the
two-phase procedure for selection described in Section 30 into
one combined step, if all the requirements of evaluation are
performed in accordance with Section 30.
 
    Section 40. Submission of proposals. Proposals must be
properly identified and sealed. Proposals may not be reviewed
until after the deadline for submission has passed as set forth
in the request for proposal. All design-build entities
submitting proposals shall be disclosed after the deadline for
submission, and all design-build entities who are selected for
Phase II evaluation shall also be disclosed at the time of that
determination.
    Proposals shall include a bid bond in the form and security
as designated in the request for proposal. Proposals shall also
contain a separate sealed envelope with the cost information
within the overall proposal submission. Proposals shall
include a list of all design professionals and other entities
as defined in Section 30-30 of the Illinois Procurement Code to
which any work may be subcontracted during the performance of
the contract. Any entity that will perform any of the 5
subdivisions of work defined in Section 30-30 of the Illinois
Procurement Code must meet prequalification standards of the
State construction agency.
    Proposals must meet all material requirements of the
request for proposal or they may be rejected as non-responsive.
The State construction agency shall have the right to reject
any and all proposals.
    The drawings and specifications of the proposal shall
remain the property of the design-build entity.
    The State construction agency shall review the proposals
for compliance with the performance criteria and evaluation
factors.
    Proposals may be withdrawn prior to evaluation for any
cause. After evaluation begins by the State construction
agency, clear and convincing evidence of error is required for
withdrawal.
 
    Section 45. Award. The State construction agency may award
the contract to the highest overall ranked entity. Notice of
award shall be made in writing. Unsuccessful entities shall
also be notified in writing. The State construction agency may
not request a best and final offer after the receipt of
proposals. The State construction agency may negotiate with the
selected design-build entity after award but prior to contract
execution for the purpose of securing better terms than
originally proposed, if the salient features of the request for
proposal are not diminished.
 
    Section 46. Reports and evaluation. At the end of every
6-month period following the contract award, and again prior to
final contract payout and closure, a selected design-build
entity shall detail, in a written report submitted to the State
agency, its efforts and success in implementing the entity's
plan to comply with the utilization goals for business
enterprises established in the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act and
Section 2-105 of the Illinois Human Rights Act. If the entity's
performance in implementing the plan falls short of the
performance measures and outcomes set forth in the plans
submitted by the entity during the proposal process, the entity
shall, in a detailed written report, inform the General
Assembly and the Governor whether and to what degree each
design-build contract authorized under this Act promoted the
utilization goals for business enterprises established in the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act and Section 2-105 of the Illinois Human Rights
Act.
 
    Section 50. Administrative Procedure Act. The Illinois
Administrative Procedure Act applies to all administrative
rules and procedures of the State construction agency under
this Act except that nothing herein shall be construed to
render any prequalification or other responsibility criteria
as a "license" or "licensing" under that Act.
 
    Section 55. Federal requirements. In the procurement of
design-build contracts, the State construction agency shall
comply with federal law and regulations and take all necessary
steps to adapt its rules, policies, and procedures to remain
eligible for federal aid for the renovation, restoration,
rehabilitation, or rebuilding of the Quincy Veterans' Home.
 
    Section 60. Correspondence and communications.
Notwithstanding any provision of law to the contrary, the
Office of the Governor, the Capital Development Board, and the
Illinois Department of Veterans' Affairs shall provide the
General Assembly with unredacted copies of all correspondence
and communications with the United States Department of
Veterans Affairs related to securing funding for the
renovation, restoration, rehabilitation, or rebuilding of the
Quincy Veterans' Home within 10 days of receipt or within 5
business days upon request of the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, or the chair of any committee of the
House of Representatives or the Senate.
 
    Section 65. Repealer. This Act is repealed 5 years after
becoming law.
 
    Section 100. The Capital Development Board Act is amended
by changing Section 9.02a as follows:
 
    (20 ILCS 3105/9.02a)  (from Ch. 127, par. 779.02a)
    Sec. 9.02a. To charge contract administration fees used to
administer and process the terms of contracts awarded by this
State. Contract administration fees shall not exceed 3% of the
contract amount. Contract administration fees used to
administer contracts associated with the legislative complex,
as defined in Section 8A-15 of the Legislative Commission
Reorganization Act of 1984, shall be deposited into the Capitol
Restoration Trust Fund for the use of the Architect of the
Capitol in the performance of his or her powers or duties.
Notwithstanding the provisions of this Section, or any other
provision of law to the contrary, no administration or other
fee may be charged for contracts awarded under the Quincy
Veterans' Home Rehabilitation and Rebuilding Act.
(Source: P.A. 99-523, eff. 6-30-16.)
 
    Section 105. The General Obligation Bond Act is amended by
changing Section 15 as follows:
 
    (30 ILCS 330/15)  (from Ch. 127, par. 665)
    Sec. 15. Computation of Principal and Interest; transfers.
    (a) Upon each delivery of Bonds authorized to be issued
under this Act, the Comptroller shall compute and certify to
the Treasurer the total amount of principal of, interest on,
and premium, if any, on Bonds issued that will be payable in
order to retire such Bonds, the amount of principal of,
interest on and premium, if any, on such Bonds that will be
payable on each payment date according to the tenor of such
Bonds during the then current and each succeeding fiscal year,
and the amount of sinking fund payments needed to be deposited
in connection with Qualified School Construction Bonds
authorized by subsection (e) of Section 9. With respect to the
interest payable on variable rate bonds, such certifications
shall be calculated at the maximum rate of interest that may be
payable during the fiscal year, after taking into account any
credits permitted in the related indenture or other instrument
against the amount of such interest required to be appropriated
for such period pursuant to subsection (c) of Section 14 of
this Act. With respect to the interest payable, such
certifications shall include the amounts certified by the
Director of the Governor's Office of Management and Budget
under subsection (b) of Section 9 of this Act.
    On or before the last day of each month the State Treasurer
and Comptroller shall transfer from (1) the Road Fund with
respect to Bonds issued under paragraph (a) of Section 4 of
this Act, or Bonds issued under authorization in Public Act
98-781, or Bonds issued for the purpose of refunding such
bonds, and from (2) the General Revenue Fund, with respect to
all other Bonds issued under this Act, to the General
Obligation Bond Retirement and Interest Fund an amount
sufficient to pay the aggregate of the principal of, interest
on, and premium, if any, on Bonds payable, by their terms on
the next payment date divided by the number of full calendar
months between the date of such Bonds and the first such
payment date, and thereafter, divided by the number of months
between each succeeding payment date after the first. Such
computations and transfers shall be made for each series of
Bonds issued and delivered. Interest payable on variable rate
bonds shall be calculated at the maximum rate of interest that
may be payable for the relevant period, after taking into
account any credits permitted in the related indenture or other
instrument against the amount of such interest required to be
appropriated for such period pursuant to subsection (c) of
Section 14 of this Act. Computations of interest shall include
the amounts certified by the Director of the Governor's Office
of Management and Budget under subsection (b) of Section 9 of
this Act. Interest for which moneys have already been deposited
into the capitalized interest account within the General
Obligation Bond Retirement and Interest Fund shall not be
included in the calculation of the amounts to be transferred
under this subsection. Notwithstanding any other provision in
this Section, the transfer provisions provided in this
paragraph shall not apply to transfers made in fiscal year 2010
or fiscal year 2011 with respect to Bonds issued in fiscal year
2010 or fiscal year 2011 pursuant to Section 7.2 of this Act.
In the case of transfers made in fiscal year 2010 or fiscal
year 2011 with respect to the Bonds issued in fiscal year 2010
or fiscal year 2011 pursuant to Section 7.2 of this Act, on or
before the 15th day of the month prior to the required debt
service payment, the State Treasurer and Comptroller shall
transfer from the General Revenue Fund to the General
Obligation Bond Retirement and Interest Fund an amount
sufficient to pay the aggregate of the principal of, interest
on, and premium, if any, on the Bonds payable in that next
month.
    The transfer of monies herein and above directed is not
required if monies in the General Obligation Bond Retirement
and Interest Fund are more than the amount otherwise to be
transferred as herein above provided, and if the Governor or
his authorized representative notifies the State Treasurer and
Comptroller of such fact in writing.
    (b) After the effective date of this Act, the balance of,
and monies directed to be included in the Capital Development
Bond Retirement and Interest Fund, Anti-Pollution Bond
Retirement and Interest Fund, Transportation Bond, Series A
Retirement and Interest Fund, Transportation Bond, Series B
Retirement and Interest Fund, and Coal Development Bond
Retirement and Interest Fund shall be transferred to and
deposited in the General Obligation Bond Retirement and
Interest Fund. This Fund shall be used to make debt service
payments on the State's general obligation Bonds heretofore
issued which are now outstanding and payable from the Funds
herein listed as well as on Bonds issued under this Act.
    (c) The unused portion of federal funds received for or as
reimbursement for a capital facilities project, as authorized
by Section 3 of this Act, for which monies from the Capital
Development Fund have been expended shall remain in the Capital
Development Board Contributory Trust Fund and shall be used for
capital projects and for no other purpose, subject to
appropriation and as directed by the Capital Development Board.
Any federal funds received as reimbursement for the completed
construction of a capital facilities project, as authorized by
Section 3 of this Act, for which monies from the Capital
Development Fund have been expended may be used for any expense
or project necessary for implementation of the Quincy Veterans'
Home Rehabilitation and Rebuilding Act for a period of 5 years
from the effective date of this amendatory Act of the 100th
General Assembly, and any remaining funds shall be deposited in
the General Obligation Bond Retirement and Interest Fund.
(Source: P.A. 100-23, eff. 7-6-17.)
 
    Section 110. The Capital Development Bond Act of 1972 is
amended by changing Section 9a as follows:
 
    (30 ILCS 420/9a)  (from Ch. 127, par. 759a)
    Sec. 9a. The unused portion of federal funds received for
or as reimbursement for a capital improvement project for which
moneys from the Capital Development Fund have been expended
shall remain in the Capital Development Board Contributory
Trust Fund and shall be used for capital projects and for no
other purpose, subject to appropriation and as directed by the
Capital Development Board. Any federal funds received as
reimbursement for the completed construction of a capital
improvement project for which moneys from the Capital
Development Fund have been expended may be used for any expense
or project necessary for implementation of the Quincy Veterans'
Home Rehabilitation and Rebuilding Act for a period of 5 years
from the effective date of this amendatory Act of the 100th
General Assembly, and any remaining funds shall be deposited in
the Capital Development Bond Retirement and Interest Fund.
(Source: P.A. 98-245, eff. 1-1-14.)
 
    Section 115. The Illinois Procurement Code is amended by
adding Section 1-35 as follows:
 
    (30 ILCS 500/1-35 new)
    Sec. 1-35. Application to Quincy Veterans' Home. This Code
does not apply to any procurements related to the renovation,
restoration, rehabilitation, or rebuilding of the Quincy
Veterans' Home under the Quincy Veterans' Home Rehabilitation
and Rebuilding Act, provided that the process shall be
conducted in a manner substantially in accordance with the
requirements of the following Sections of the Illinois
Procurement Code: 20-160, 25-60, 30-22, 50-5, 50-10, 50-10.5,
50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38,
and 50-50; however, for Section 50-35, compliance shall apply
only to contracts or subcontracts over $100,000.
    This Section is repealed 3 years after becoming law.
 
    Section 999. Effective date. This Act takes effect upon
becoming law.