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Public Act 097-0349


 

Public Act 0349 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0349
 
HB3458 EnrolledLRB097 09595 RLJ 49732 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Park District Code is amended by adding
Sections 8-50, 8-51, 8-52, 8-53, 8-54, 8-55, 8-56, and 8-57 as
follows:
 
    (70 ILCS 1205/8-50 new)
    Sec. 8-50. Definitions. For the purposes of Sections 8-50
through 8-57, the following terms shall have the following
meanings, unless the context requires a different meaning:
    "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 that incorporates the Local Government
Professional Services Selection Act and the principles of
competitive selection.
    "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 any park district and a
design-build entity to furnish architecture, engineering, land
surveying, landscape architecture, 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 park district 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 professionals 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 Practice 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 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.
    "Landscape architect design professional" means any
person, sole proprietorship, or entity including, but not
limited to, a partnership, professional service corporation,
or corporation that offers services under the Illinois
Landscape Architecture Act of 1989.
    "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 park
district 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.
 
    (70 ILCS 1205/8-51 new)
    Sec. 8-51. Authorization for design-build; advertisement.
    (a) A park district shall have the power to enter into
design-build contracts. In addition to the requirements set
forth in its ordinances, the park district shall advertise a
design-build solicitation at least once in a daily newspaper of
general circulation within the county in which the park
district is located. The date that Phase I submissions by
design-build entities are due must be at least 14 calendar days
after the date the newspaper advertisement for design-build
proposals is first published. The advertisement shall identify
the design-build project, the due date, the place and time for
Phase I submissions, and the place where proposers may obtain a
complete copy of the request for design-build proposals,
including the criteria for evaluation and the scope and
performance criteria. The park district is not precluded from
using other media or from placing advertisements in addition to
the one required under this subsection.
    (b) A park district may reject any and all bids and
proposals received and may readvertise for bids or issue a new
request for design-build proposals.
 
    (70 ILCS 1205/8-52 new)
    Sec. 8-52. Solicitation of design-build proposals.
    (a) When a park district elects to use the design-build
delivery method, it must issue a notice of intent to receive
proposals for the project at least 14 days before issuing the
request for proposal. The park district shall publish notice of
the request for the design-build proposal in a newspaper of
general circulation within the county in which the park
district is located. The park district shall, if possible, post
plans and specifications in a related construction industry
service publication. A brief description of the proposed
procurement must be included in the notice. The park district
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) A preliminary schedule for the completion of the
    contract.
        (2) The proposed budget for the project, the source of
    funds, and the funds available at the time the request for
    proposal is submitted.
        (3) Prequalification criteria for design-build
    entities wishing to submit proposals. The park district
    shall include, at a minimum, its normal prequalification,
    licensing, registration, and other requirements, but
    nothing contained in this Section precludes the use of
    additional prequalification criteria by the park district.
        (4) 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
    established by the corporate authorities of the park
    district for minority and women business enterprises and to
    comply with Section 2-105 of the Illinois Human Rights Act.
        (5) The performance criteria.
        (6) The evaluation criteria for each phase of the
    solicitation.
        (7) The number of entities to be considered for the
    technical and cost evaluation phase.
    (c) The park district 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 construction portion of the cost of
the project is estimated to exceed $12,000,000, then the
proposal due date must be at least 28 calendar days after the
date of the issuance of the request for proposal. The park
district 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.
 
    (70 ILCS 1205/8-53 new)
    Sec. 8-53. Development of design-build scope and
performance criteria.
    (a) The park district shall develop, with the assistance of
a licensed design professional or a landscape architect design
professional, as appropriate, 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 park district'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 park district to be produced by the
design-build entities.
    (c) The scope and performance criteria shall be prepared by
a design professional or a landscape architect design
professional, as appropriate, who is an employee of the park
district, or the park district may contract with an independent
design professional selected under the Local Government
Professional Services Selection Act to provide these services.
    (d) The design professional or landscape architect design
professional that prepares the scope and performance criteria
is prohibited from participating in any design-build entity
proposal for the project.
 
    (70 ILCS 1205/8-54 new)
    Sec. 8-54. Procedures for design-build selection.
    (a) The park district must use a two-phase procedure for
the selection of the successful design-build entity. Phase I of
the procedure shall evaluate and shortlist the design-build
entities based on qualifications, and Phase II will evaluate
the technical and cost proposals.
    (b) The park district 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 park district 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 park
district. The park district must maintain a record of the
evaluation scoring to be disclosed in the event of a protest
regarding the solicitation. The park district 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;
        (8) qualifications of the entity's consultants; and
        (9) ability or past performance in meeting or
    exhausting good faith efforts to meet the utilization goals
    for minority and women business enterprises established by
    the corporate authorities of the park district and in
    complying with Section 2-105 of the Illinois Human Rights
    Act.
    The park district may include any additional relevant
criteria in Phase I that it deems necessary for a proper
qualification review.
    The park district 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 park district, 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 design-build proposal shall be considered that
does not include an entity's plan to comply with the
requirements concerning minority and women business
enterprises and economically disadvantaged firms established
by the corporate authorities of the park district and with
Section 2-105 of the Illinois Human Rights Act.
    Upon completion of the qualifications evaluation, the park
district shall create a shortlist of the most highly qualified
design-build entities. The park district, in its discretion, is
not required to shortlist the maximum number of entities as
identified for Phase II evaluation, except that no less than 2
design-build entities nor more than 6 may be selected to submit
Phase II proposals. The park district shall notify the entities
selected for the shortlist in writing. This notification shall
commence the period for the preparation of Phase II technical
and cost evaluations. The park district must allow sufficient
time for the shortlist entities to prepare their Phase II
submittals considering the scope and detail requested by the
park district.
    (c) The park district 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 park district. The
park district must maintain a record of the evaluation scoring
to be disclosed in the event of a protest regarding the
solicitation.
    The park district 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 park district may include any additional relevant
technical evaluation factors it deems necessary for proper
selection.
    The park district shall include the following criteria in
every Phase II cost evaluation: the total project cost and the
time of completion. The park district may include any
additional relevant technical evaluation factors it deems
necessary for proper selection. The total project cost criteria
weighing factor shall not exceed 30%.
    The park district shall directly employ or retain a
licensed design professional or landscape architect design
professional, as appropriate, 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 park district may award the
design-build contract to the highest overall ranked entity.
 
    (70 ILCS 1205/8-55 new)
    Sec. 8-55. Small design-build projects. In any case where
the total overall cost of the project is estimated to be less
than $12,000,000, the park district may combine the two-phase
procedure for design-build selection described in Section 8-50
into one combined step, provided that all the requirements of
evaluation are performed in accordance with Section 8-50.
 
    (70 ILCS 1205/8-56 new)
    Sec. 8-56. Submission of design-build proposals.
Design-build 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
proposals. 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.
    Phase II design-build proposals shall include a bid bond in
the form and security as designated in the request for
proposals. 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, landscape architect design professionals, and
other entities to which any work may be subcontracted during
the performance of the contract.
    Proposals must meet all material requirements of the
request for proposal or they may be rejected as non-responsive.
The park district shall have the right to reject any and all
proposals.
    The drawings and specifications of any unsuccessful
design-build proposal shall remain the property of the
design-build entity.
    The park district shall review the proposals for compliance
with the performance criteria and evaluation factors set forth
in this Act.
    Proposals may be withdrawn before the due date and time for
submissions for any cause. After evaluation begins by the park
district, clear and convincing evidence of error is required
for withdrawal.
 
    (70 ILCS 1205/8-57 new)
    Sec. 8-57. Design-build award. The park district may award
a design-build contract to the highest overall ranked entity.
Notice of award shall be made in writing. Unsuccessful entities
shall also be notified in writing. The park district may not
request a best and final offer after the receipt of proposals.
The park district 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,
provided that the salient features of the request for proposal
are not diminished.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/12/2011