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1 | | used on public projects that incorporates the competitive |
2 | | bidding
process set forth in this Code. |
3 | | "Design-build" means a delivery system that provides |
4 | | responsibility within a single contract for the furnishing of |
5 | | architecture, engineering, land surveying, and related |
6 | | services as required and the labor, materials, equipment, and |
7 | | other construction services for the project. |
8 | | "Design-build contract" means a contract for a public |
9 | | project under this Division between a county and a |
10 | | design-build entity to furnish: architecture, engineering, |
11 | | land surveying, public art or interpretive exhibits, and |
12 | | related services, as required; and the labor, materials, |
13 | | equipment, and other construction services for the project. |
14 | | "Design-build entity" means an individual, sole |
15 | | proprietorship, firm, partnership, joint venture, corporation, |
16 | | professional corporation, or other entity that proposes to |
17 | | design and construct any public project under this Division. |
18 | | "Design professional" means an individual, sole |
19 | | proprietorship, firm, partnership, joint venture, corporation, |
20 | | professional corporation, or other entity that offers services |
21 | | under the Illinois Architecture Practice Act of 1989, the |
22 | | Professional Engineering Practice Act of 1989, the Structural
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23 | | Engineering Practice Act of 1989, or the Illinois Professional |
24 | | Land Surveyor Act of 1989. |
25 | | "Evaluation criteria" means the requirements for the |
26 | | separate phases of the selection process as defined in this |
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1 | | Division and may include the specialized experience, technical |
2 | | qualifications and competence, capacity to perform, past |
3 | | performance, experience with similar projects, assignment of
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4 | | personnel to the project, and other appropriate factors. |
5 | | "Proposal" means the offer to enter into a design-build |
6 | | contract as submitted by a design-build entity in accordance |
7 | | with this Division. |
8 | | "Public art designer" means an individual, sole |
9 | | proprietorship, firm, partnership, joint venture, corporation, |
10 | | professional corporation, or other entity that has |
11 | | demonstrated experience with the design and fabrication of |
12 | | public art including any media that has been planned and |
13 | | executed with the intention of being staged in the physical |
14 | | public domain outside and accessible to all or any art which is |
15 | | exhibited in a public space including publicly accessible |
16 | | buildings, or interpretive exhibits including communication |
17 | | media that is designed to engage, excite, inform, relate, or |
18 | | reveal the intrinsic nature or indispensable quality of a |
19 | | topic or story being presented. |
20 | | "Request for proposal" means the document used by the |
21 | | county to solicit proposals for a design-build contract. |
22 | | "Scope and performance criteria" means the requirements |
23 | | for the public project, including, but not limited to, the |
24 | | intended usage, capacity, size, scope, quality and performance |
25 | | standards, life-cycle costs, and other programmatic criteria |
26 | | that are expressed in performance-oriented and quantifiable |
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1 | | specifications and drawings that can be reasonably inferred |
2 | | and are suited to allow a design-build entity to develop a |
3 | | proposal. |
4 | | (55 ILCS 5/5-45015 new) |
5 | | Sec. 5-45015. Solicitation of proposals. |
6 | | (a) A county may enter into design-build contracts. In |
7 | | addition to the requirements set forth in its local |
8 | | ordinances, when the county elects to use the design-build |
9 | | delivery method, it must issue a notice of intent to receive |
10 | | proposals for the project at least 14 days before issuing the |
11 | | request for the proposal. The county must publish the advance |
12 | | notice in the manner prescribed by ordinance, which shall |
13 | | include posting the advance notice online on its website. The |
14 | | county may publish the notice in construction industry |
15 | | publications or post the notice on construction industry |
16 | | websites. A brief description of the proposed procurement must |
17 | | be included in the notice. The county must provide a copy of |
18 | | the request for proposal to any party requesting a copy. |
19 | | (b) The request for proposal shall be prepared for each |
20 | | project and must contain, without limitation, the following |
21 | | information: |
22 | | (1) The name of the county. |
23 | | (2) A preliminary schedule for the completion of the |
24 | | contract. |
25 | | (3) The proposed budget for the project, the source of |
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1 | | funds, and the currently available funds at the time the |
2 | | request for proposal is submitted. |
3 | | (4) Prequalification criteria for design-build |
4 | | entities wishing to submit proposals. The county shall |
5 | | include, at a minimum, its normal qualifications, |
6 | | licensing, registration, and other requirements; however, |
7 | | nothing precludes the use of additional prequalification |
8 | | criteria by the county. |
9 | | (5) Material requirements of the contract, including, |
10 | | but not limited to, the proposed terms and conditions, |
11 | | required performance and payment bonds, insurance, and the |
12 | | entity's plan to comply with the utilization goals for |
13 | | business enterprises established in the Business |
14 | | Enterprise for Minorities, Women, and Persons with |
15 | | Disabilities Act and with Section 2-105 of the Illinois
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16 | | Human Rights Act. |
17 | | (6) The performance criteria. |
18 | | (7) The evaluation criteria for each phase of the |
19 | | solicitation. Price may not be used as a factor in the |
20 | | evaluation of Phase I proposals. |
21 | | (8) The number of entities that will be considered for |
22 | | the technical and cost evaluation phase. |
23 | | (c) The county may include any other relevant information |
24 | | that it chooses to supply. The design-build entity shall be |
25 | | entitled to rely upon the accuracy of this documentation in |
26 | | the development of its proposal. |
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1 | | (d) The date that proposals are due must be at least 21 |
2 | | calendar days after the date of the issuance of the request for |
3 | | proposal. If the cost of the project is estimated to exceed |
4 | | $12,000,000, then the proposal due date must be at least 28 |
5 | | calendar days after the date of the issuance of the request for |
6 | | proposal. The county shall include in the request for proposal |
7 | | a minimum of 30 days to develop the Phase II submissions after |
8 | | the selection of entities from the Phase I evaluation is |
9 | | completed. |
10 | | (55 ILCS 5/5-45020 new) |
11 | | Sec. 5-45020. Development of scope and performance |
12 | | criteria. |
13 | | (a) The county shall develop, with the assistance of a |
14 | | licensed design professional or public art designer, a request |
15 | | for proposal, which shall include scope and performance |
16 | | criteria. The scope and performance criteria must be in |
17 | | sufficient detail and contain adequate information to |
18 | | reasonably apprise the qualified design-build entities of the |
19 | | county's overall programmatic needs and goals, including |
20 | | criteria and preliminary design plans, general budget |
21 | | parameters, schedule, and delivery
requirements. |
22 | | (b) Each request for proposal shall also include a |
23 | | description of the level of design to be provided in the |
24 | | proposals. This description must include the scope and type of |
25 | | renderings, drawings, and specifications that, at a minimum, |
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1 | | will be required by the county to be produced by the |
2 | | design-build entities. |
3 | | (c) The scope and performance criteria shall be prepared |
4 | | by a design professional or public art designer who is an |
5 | | employee of the county, or the county may contract with an |
6 | | independent design professional or public art designer |
7 | | selected under the Local Government Professional Services |
8 | | Selection Act to provide these services. |
9 | | (d) The design professional or public art designer that |
10 | | prepares the scope and performance criteria is prohibited from |
11 | | participating in any design-build entity proposal for the |
12 | | project. |
13 | | (e) The design-build contract may be conditioned upon |
14 | | subsequent refinements in scope and price and may allow the |
15 | | county to make modifications in the project scope without |
16 | | invalidating the design-build contract. |
17 | | (55 ILCS 5/5-45025 new) |
18 | | Sec. 5-45025. Procedures for Selection. |
19 | | (a) The county must use a two-phase procedure for the |
20 | | selection of the successful design-build entity. Phase I of |
21 | | the procedure will evaluate and shortlist the design-build |
22 | | entities based on qualifications, and Phase II will evaluate |
23 | | the technical and cost proposals. |
24 | | (b) The county shall include in the request for proposal |
25 | | the evaluating factors to be used in Phase I. These factors are |
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1 | | in addition to any prequalification requirements of |
2 | | design-build entities that the county has set forth. Each |
3 | | request for proposal shall establish the relative importance |
4 | | assigned to each evaluation factor and subfactor, including |
5 | | any weighting of criteria to be employed by the county. The |
6 | | county must maintain a record of the evaluation scoring to be |
7 | | disclosed in event of a protest regarding the solicitation. |
8 | | The county shall include the following criteria in every |
9 | | Phase I evaluation of design-build entities: (i) experience of |
10 | | personnel; (ii) successful experience with similar project |
11 | | types; (iii) financial capability; (iv) timeliness of past |
12 | | performance; (v) experience with similarly sized projects; |
13 | | (vi) successful reference checks of the firm; (vii) commitment |
14 | | to assign personnel for the duration of the project and |
15 | | qualifications of the entity's consultants; and (viii) ability |
16 | | or past performance in meeting or exhausting good faith |
17 | | efforts to meet the utilization goals for business enterprises |
18 | | established in the Business Enterprise for Minorities, Women, |
19 | | and Persons with Disabilities Act and with Section 2-105 of |
20 | | the Illinois Human Rights Act. The county may include any |
21 | | additional relevant
criteria in Phase I that it deems |
22 | | necessary for a proper qualification review. |
23 | | The county may not consider any design-build entity for |
24 | | evaluation or award if the entity has any pecuniary interest |
25 | | in the project or has other relationships or circumstances, |
26 | | including, but not limited to, long-term leasehold, mutual |
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1 | | performance, or development contracts with the county, that |
2 | | 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 |
5 | | that create the appearance of impropriety. No proposal shall |
6 | | be considered that does not include an entity's plan to comply |
7 | | with the requirements established in the Business Enterprise |
8 | | for Minorities, Women, and Persons with Disabilities Act, for |
9 | | both the design and construction areas of performance, and |
10 | | with Section 2-105 of the Illinois Human Rights Act. |
11 | | Upon completion of the qualifications evaluation, the |
12 | | county shall create a shortlist of the most highly qualified |
13 | | design-build entities. The county, in its discretion, is not |
14 | | required to shortlist the maximum number of entities as |
15 | | identified for Phase II evaluation, provided that no less than |
16 | | 2 design-build entities nor more than 6 are selected to submit |
17 | | Phase II proposals. |
18 | | The county shall notify the entities selected for the |
19 | | shortlist in writing. This notification shall commence the |
20 | | period for the preparation of the Phase II technical and cost |
21 | | evaluations. The county must allow sufficient time for the |
22 | | shortlist entities to prepare their Phase II submittals |
23 | | considering the scope and detail requested by the county. |
24 | | (c) The county shall include in the request for proposal |
25 | | the evaluating factors to be used in the technical and cost |
26 | | submission components of Phase II. Each request for proposal |
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1 | | shall establish, for both the technical and cost submission |
2 | | components of Phase II, the relative importance assigned to |
3 | | each evaluation factor and subfactor, including any weighting |
4 | | of criteria to be employed by the county. The county must |
5 | | maintain a record of the evaluation scoring to be disclosed in |
6 | | event of a protest regarding the solicitation. |
7 | | The county shall include the following criteria in every |
8 | | Phase II technical evaluation of design-build entities: (i) |
9 | | compliance with objectives of the project; (ii) compliance of |
10 | | proposed services to the request for proposal requirements; |
11 | | (iii) quality of products or materials proposed; (iv) quality |
12 | | of design parameters; (v) design concepts; (vi) innovation in |
13 | | meeting the scope and performance criteria; and (vii) |
14 | | constructability of the proposed project. The county may |
15 | | include any additional relevant technical evaluation factors |
16 | | it deems necessary for proper selection. |
17 | | The county shall include the following criteria in every |
18 | | Phase II cost evaluation: the total project cost, the |
19 | | construction costs, and the time of completion. The county may |
20 | | include any additional relevant technical evaluation factors |
21 | | it deems necessary for proper selection. The total project |
22 | | cost criteria weighing factor shall not exceed 30%. |
23 | | The county shall directly employ or retain a licensed |
24 | | design professional or a public art designer to evaluate the |
25 | | technical and cost submissions to determine if the technical |
26 | | submissions are in accordance with generally accepted industry |
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1 | | standards.
Upon completion of the technical submissions and |
2 | | cost submissions evaluation, the county may award the |
3 | | design-build contract to the highest overall ranked entity. |
4 | | (55 ILCS 5/5-45030 new) |
5 | | Sec. 5-45030. Small projects. In any case where the total |
6 | | overall cost of the project is estimated to be less than |
7 | | $12,000,000, the county may combine the two-phase procedure |
8 | | for selection described in Section 5-45025 into one combined |
9 | | step, provided that all the requirements of evaluation are |
10 | | performed in accordance with Section 5-45025. |
11 | | (55 ILCS 5/5-45035 new) |
12 | | Sec. 5-45035. Submission of proposals. Proposals must be |
13 | | properly identified and sealed. Proposals may not be reviewed |
14 | | until after the deadline for submission has passed as set |
15 | | forth in the request for proposals. |
16 | | Proposals shall include a bid bond in the form and |
17 | | security as designated in the request for proposals. Proposals |
18 | | shall also contain a separate sealed envelope with the cost |
19 | | information within the overall proposal submission. Proposals |
20 | | shall include a list of all design professionals, public art
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21 | | designers, and other entities to which any work may be |
22 | | subcontracted during the performance of the contract. |
23 | | Proposals must meet all material requirements of the |
24 | | request for proposal or they may be rejected as |
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1 | | non-responsive. The county shall have the right to reject any |
2 | | and all proposals. |
3 | | The drawings and specifications of the proposal may remain |
4 | | the property of the design-build entity. |
5 | | The county shall review the proposals for compliance with |
6 | | the performance criteria and evaluation factors. |
7 | | Proposals may be withdrawn prior to evaluation for any |
8 | | cause. After evaluation begins by the county, clear and |
9 | | convincing evidence of error is required for withdrawal. |
10 | | (55 ILCS 5/5-45040 new) |
11 | | Sec. 5-45040. Award; performance. The county may award the |
12 | | contract to the highest overall ranked design-build entity. |
13 | | Notice of award shall be made in writing. Unsuccessful |
14 | | design-build entities shall also be notified in writing. The |
15 | | county may not request a best and final offer after the receipt |
16 | | of proposals of all qualified design-build entities. The |
17 | | county 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 | | A design-build entity and associated design professionals |
23 | | shall
conduct themselves in accordance with the relevant laws |
24 | | of this State and the related provisions of the Illinois |
25 | | Administrative Code. |
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1 | | (55 ILCS 5/5-45045 new) |
2 | | Sec. 5-45045. Reports and evaluation. At the end of every |
3 | | 6-month period following the contract award, and again prior |
4 | | to final contract payout and closure, a selected design-build |
5 | | entity shall detail, in a written report submitted to the |
6 | | county, its efforts and success in implementing the entity's |
7 | | plan to comply with the utilization goals for business |
8 | | enterprises established in the Business Enterprise for |
9 | | Minorities, Women, and Persons with Disabilities Act and the |
10 | | provisions of Section 2-105 of the Illinois Human Rights Act. |
11 | | (55 ILCS 5/5-45050 new) |
12 | | Sec. 5-45050. Severability. The provisions of this |
13 | | Division are severable under Section 1.31 of the Statute on |
14 | | Statutes.
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15 | | Section 999. Effective date. This Act takes effect January |
16 | | 1, 2023.
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