Sen. Eric Mattson

Filed: 1/5/2023

 

 


 

 


 
10200HB5061sam003LRB102 21435 AWJ 42473 a

1
AMENDMENT TO HOUSE BILL 5061

2    AMENDMENT NO. ______. Amend House Bill 5061, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 2, by replacing line 6 on page 1 as follows:
 
5"11-135.5-40 and by adding Sections 11-135.5-7, 11-135.5-50,
611-135.5-55, 11-135.5-60, 11-135.5-65, 11-135.5-70, and
711-135.5-75 as follows:
 
8    (65 ILCS 5/11-135.5-7 new)
9    Sec. 11-135.5-7. Definitions. As used in this Division:
10    "Design-build" means a delivery system that provides
11responsibility within a single contract for the furnishing of
12architecture, engineering, land surveying, and related
13services as required and the labor, materials, equipment, and
14other construction services for the project.
15    "Design-build contract" means a contract for a public
16project under this Division between a commission and a

 

 

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1design-build entity to furnish: architecture, engineering,
2land surveying, public art or interpretive exhibits, and
3related services, as required; and the labor, materials,
4equipment, and other construction services for the project.
5    "Design-build entity" means any individual, sole
6proprietorship, firm, partnership, joint venture, corporation,
7professional corporation, or other entity that proposes to
8design and construct any public project under this Division.
9    "Design professional" means any individual, sole
10proprietorship, firm, partnership, joint venture, corporation,
11professional corporation, or other entity that offers services
12under the Illinois Architecture Practice Act of 1989, the
13Professional Engineering Practice Act of 1989, the Structural
14Engineering Practice Act of 1989, or the Illinois Professional
15Land Surveyor Act of 1989.
16    "Evaluation criteria" means the requirements for the
17separate phases of the selection process as defined in this
18Division and may include the specialized experience, technical
19qualifications and competence, capacity to perform, past
20performance, experience with similar projects, assignment of
21personnel to the project, and other appropriate factors.
22    "Proposal" means the offer to enter into a design-build
23contract as submitted by a design-build entity in accordance
24with this Division.
25    "Request for proposal" means the document used by the
26commission to solicit proposals for a design-build contract.

 

 

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1    "Scope and performance criteria" means the requirements
2for the commission project, including, but not limited to, the
3intended usage, capacity, size, scope, quality and performance
4standards, life-cycle costs, and other programmatic criteria
5that are expressed in performance-oriented and quantifiable
6specifications and drawings that can be reasonably inferred
7and are suited to allow a design-build entity to develop a
8proposal."; and
 
9on page 27, immediately below line 13, by inserting the
10following:
 
11    "(65 ILCS 5/11-135.5-50 new)
12    Sec. 11-135.5-50. Solicitation of proposals.
13    (a) A commission may enter into design-build contracts. In
14addition to the requirements set forth in its local
15ordinances, when the commission elects to use the design-build
16delivery method, it must issue a notice of intent to receive
17proposals for the project at least 14 days before issuing the
18request for the proposal. The commission must publish the
19advance notice in the manner prescribed by ordinance, which
20shall include posting the advance notice online on its
21website. The commission may publish the notice in construction
22industry publications or post the notice on construction
23industry websites. A brief description of the proposed
24procurement must be included in the notice. The commission

 

 

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1must provide a copy of the request for proposal to any party
2requesting a copy.
3    (b) The request for proposal shall be prepared for each
4project and must contain, without limitation, the following
5information:
6        (1) The name of the commission.
7        (2) A preliminary schedule for the completion of the
8    contract.
9        (3) The proposed budget for the project, the source of
10    funds, and the currently available funds at the time the
11    request for proposal is submitted.
12        (4) Prequalification criteria for design-build
13    entities wishing to submit proposals. The Commission shall
14    include, at a minimum, its normal prequalification,
15    licensing, registration, and other requirements; however,
16    nothing precludes the use of additional prequalification
17    criteria by the commission.
18        (5) Material requirements of the contract, including,
19    but not limited to, the proposed terms and conditions,
20    required performance and payment bonds, and insurance.
21        (6) The performance criteria.
22        (7) The evaluation criteria for each phase of the
23    solicitation. Price may not be used as a factor in the
24    evaluation of Phase I proposals.
25        (8) The number of entities that will be considered for
26    the technical and cost evaluation phase.

 

 

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1    (c) The commission may include any other relevant
2information that it chooses to supply. The design-build entity
3shall be entitled to rely upon the accuracy of this
4documentation in the development of its proposal.
5    (d) The date that proposals are due must be at least 21
6calendar days after the date of the issuance of the request for
7proposal. If the cost of the project is estimated to exceed
8$12,000,000, then the proposal due date must be at least 28
9calendar days after the date of the issuance of the request for
10proposal. The commission shall include in the request for
11proposal a minimum of 30 days to develop the Phase II
12submissions after the selection of entities from the Phase I
13evaluation is completed.
 
14    (65 ILCS 5/11-135.5-55 new)
15    Sec. 11-135.5-55. Development of scope and performance
16criteria.
17    (a) The commission shall develop, with the assistance of a
18licensed design professional or public art designer, a request
19for proposal, which shall include scope and performance
20criteria. The scope and performance criteria must be in
21sufficient detail and contain adequate information to
22reasonably apprise the qualified design-build entities of the
23commission's overall programmatic needs and goals, including
24criteria and preliminary design plans, general budget
25parameters, schedule, and delivery requirements.

 

 

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1    (b) Each request for proposal shall also include a
2description of the level of design to be provided in the
3proposals. This description must include the scope and type of
4renderings, drawings, and specifications that, at a minimum,
5will be required by the commission to be produced by the
6design-build entities.
7    (c) The scope and performance criteria shall be prepared
8by a design professional or public art designer who is an
9employee of the commission, or the commission may contract
10with an independent design professional or public art designer
11selected under the Local Government Professional Services
12Selection Act to provide these services.
13    (d) The design professional or public art designer that
14prepares the scope and performance criteria is prohibited from
15participating in any design-build entity proposal for the
16project.
17    (e) The design-build contract may be conditioned upon
18subsequent refinements in scope and price and may allow the
19commission to make modifications in the project scope without
20invalidating the design-build contract.
 
21    (65 ILCS 5/11-135.5-60 new)
22    Sec. 11-135.5-60. Procedures for selection.
23    (a) The commission must use a two-phase procedure for the
24selection of the successful design-build entity. Phase I of
25the procedure will evaluate and shortlist the design-build

 

 

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1entities based on qualifications, and Phase II will evaluate
2the technical and cost proposals.
3    (b) The commission shall include in the request for
4proposal the evaluating factors to be used in Phase I. These
5factors are in addition to any prequalification requirements
6of design-build entities that the commission has set forth.
7Each request for proposal shall establish the relative
8importance assigned to each evaluation factor and subfactor,
9including any weighting of criteria to be employed by the
10commission. The commission must maintain a record of the
11evaluation scoring to be disclosed in event of a protest
12regarding the solicitation.
13    The commission shall include the following criteria in
14every Phase I evaluation of design-build entities: (i)
15experience of personnel; (ii) successful experience with
16similar project types; (iii) financial capability; (iv)
17timeliness of past performance; (v) experience with similarly
18sized projects; (vi) successful reference checks of the firm;
19and (vii) commitment to assign personnel for the duration of
20the project and qualifications of the entity's consultants.
21    The commission may include any additional relevant
22criteria in Phase I that it deems necessary for a proper
23qualification review. The commission may not consider any
24design-build entity for evaluation or award if the entity has
25any pecuniary interest in the project or has other
26relationships or circumstances, including, but not limited to,

 

 

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1long-term leasehold, mutual performance, or development
2contracts with the commission, that may give the design-build
3entity a financial or tangible advantage over other
4design-build entities in the preparation, evaluation, or
5performance of the design-build contract or that create the
6appearance of impropriety.
7    Upon completion of the qualifications evaluation, the
8commission shall create a shortlist of the most highly
9qualified design-build entities. The commission, in its
10discretion, is not required to shortlist the maximum number of
11entities as identified for Phase II evaluation, provided that
12no less than 2 design-build entities nor more than 6 are
13selected to submit Phase II proposals. The commission shall
14notify the entities selected for the shortlist in writing.
15This notification shall commence the period for the
16preparation of the Phase II technical and cost evaluations.
17The commission must allow sufficient time for the shortlist
18entities to prepare their Phase II submittals considering the
19scope and detail requested by the commission.
20    (c) The commission shall include in the request for
21proposal the evaluating factors to be used in the technical
22and cost submission components of Phase II. Each request for
23proposal shall establish, for both the technical and cost
24submission components of Phase II, the relative importance
25assigned to each evaluation factor and subfactor, including
26any weighting of criteria to be employed by the commission.

 

 

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1The commission must maintain a record of the evaluation
2scoring to be disclosed in event of a protest regarding the
3solicitation.
4    The commission shall include the following criteria in
5every Phase II technical evaluation of design-build entities:
6(i) compliance with objectives of the project; (ii) compliance
7of proposed services to the request for proposal requirements;
8(iii) quality of products or materials proposed; (iv) quality
9of design parameters; (v) design concepts; (vi) innovation in
10meeting the scope and performance criteria; and (vii)
11constructability of the proposed project. The commission may
12include any additional relevant technical evaluation factors
13it deems necessary for proper selection.
14    The commission shall include the following criteria in
15every Phase II cost evaluation: the total project cost; the
16construction costs; and the time of completion. The commission
17may include any additional relevant technical evaluation
18factors it deems necessary for proper selection. The total
19project cost criteria weighting factor shall not exceed 30%.
20    The commission shall directly employ or retain a licensed
21design professional or a public art designer to evaluate the
22technical and cost submissions to determine if the technical
23submissions are in accordance with generally accepted industry
24standards.
25    Upon completion of the technical submissions and cost
26submissions evaluation, the commission may award the

 

 

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1design-build contract to the highest overall ranked entity.
 
2    (65 ILCS 5/11-135.5-65 new)
3    Sec. 11-135.5-65. Small projects. In any case where the
4total overall cost of the project is estimated to be less than
5$12,000,000, the commission may combine the two-phase
6procedure for selection described in Section 11-135.5-60 into
7one combined step, provided that all the requirements of
8evaluation are performed in accordance with Section
911-135.5-60.
 
10    (65 ILCS 5/11-135.5-70 new)
11    Sec. 11-135.5-70. Submission of proposals. Proposals must
12be properly identified and sealed. Proposals may not be
13reviewed until after the deadline for submission has passed as
14set forth in the request for proposals. All design-build
15entities submitting proposals shall be disclosed after the
16deadline for submission, and all design-build entities who are
17selected for Phase II evaluation shall also be disclosed at
18the time of that determination.
19    Proposals shall include a bid bond in the form and
20security as designated in the request for proposals. Proposals
21shall also contain a separate sealed envelope with the cost
22information within the overall proposal submission. Proposals
23shall include a list of all design professionals, public art
24designers, and other entities to which any work may be

 

 

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1subcontracted during the performance of the contract.
2    Proposals must meet all material requirements of the
3request for proposal or they may be rejected as
4non-responsive. The commission has the right to reject any and
5all proposals.
6    The drawings and specifications of the proposal may remain
7the property of the design-build entity.
8    The commission shall review the proposals for compliance
9with the performance criteria and evaluation factors.
10    Proposals may be withdrawn prior to evaluation for any
11cause. After evaluation begins by the commission, clear and
12convincing evidence of error is required for withdrawal.
 
13    (65 ILCS 5/11-135.5-75 new)
14    Sec. 11-135.5-75. Award; performance. The commission may
15award the contract to the highest overall ranked entity.
16Notice of award shall be made in writing. Unsuccessful
17entities shall also be notified in writing. The commission may
18not request a best and final offer after the receipt of
19proposals. The commission may negotiate with the selected
20design-build entity after award but prior to contract
21execution for the purpose of securing better terms than
22originally proposed, provided that the salient features of the
23request for proposal are not diminished.
24    A design-build entity and associated design professionals
25shall conduct themselves in accordance with the relevant laws

 

 

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1of this State and the related provisions of the Illinois
2Administrative Code.".