State of Illinois
2011 and 2012


Introduced 2/24/2011, by Rep. Mike Fortner


70 ILCS 1205/8-50 new
70 ILCS 1205/8-51 new
70 ILCS 1205/8-52 new
70 ILCS 1205/8-53 new
70 ILCS 1205/8-54 new
70 ILCS 1205/8-55 new
70 ILCS 1205/8-56 new
70 ILCS 1205/8-57 new

    Amends the Park District Code. Authorizes park districts to enter into "design-build" contracts. Defines "design-build". Specifies the solicitation process for design-build proposals. Sets forth the requirements for the award of design-build contracts. Provides that park districts must use a 2-phase procedure for the selection of the successful design-build entity for projects where the budgeted construction cost is over $12,000,000. Effective immediately.

LRB097 09595 RLJ 49732 b






HB3458LRB097 09595 RLJ 49732 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Park District Code is amended by adding
5Sections 8-50, 8-51, 8-52, 8-53, 8-54, 8-55, 8-56, and 8-57 as
7    (70 ILCS 1205/8-50 new)
8    Sec. 8-50. Definitions. For the purposes of Sections 8-50
9through 8-57, the following terms shall have the following
10meanings, unless the context requires a different meaning:
11    "Delivery system" means the design and construction
12approach used to develop and construct a project.
13    "Design-bid-build" means the traditional delivery system
14used on public projects that incorporates the Local Government
15Professional Services Selection Act and the principles of
16competitive selection.
17    "Design-build" means a delivery system that provides
18responsibility within a single contract for the furnishing of
19architecture, engineering, land surveying, and related
20services as required, and the labor, materials, equipment, and
21other construction services for the project.
22    "Design-build contract" means a contract for a public
23project under this Act between any park district and a



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1design-build entity to furnish architecture, engineering, land
2surveying, landscape architecture, and related services as
3required, and to furnish the labor, materials, equipment, and
4other construction services for the project. The design-build
5contract may be conditioned upon subsequent refinements in
6scope and price and may allow the park district to make
7modifications in the project scope without invalidating the
8design-build contract.
9    "Design-build entity" means any individual, sole
10proprietorship, firm, partnership, joint venture, corporation,
11professional corporation, or other entity that proposes to
12design and construct any public project under this Act. A
13design-build entity and associated design-build professionals
14shall conduct themselves in accordance with the laws of this
15State and the related provisions of the Illinois Administrative
16Code, as referenced by the licensed design professionals Acts
17of this State.
18    "Design professional" means any individual, sole
19proprietorship, firm, partnership, joint venture, corporation,
20professional corporation, or other entity that offers services
21under the Illinois Architecture Practice Act of 1989, the
22Professional Engineering Practice Act of 1989, the Structural
23Engineering Practice Act of 1989, or the Illinois Professional
24Land Surveyor Act of 1989.
25    "Evaluation criteria" means the requirements for the
26separate phases of the selection process for design-build



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1proposals as defined in this Act and may include the
2specialized experience, technical qualifications and
3competence, capacity to perform, past performance, experience
4with similar projects, assignment of personnel to the project,
5and other appropriate factors. Price may not be used as a
6factor in the evaluation of Phase I proposals.
7    "Guaranteed maximum price" means a form of contract in
8which compensation may vary according to the scope of work
9involved but in any case may not exceed an agreed total amount.
10    "Landscape architect design professional" means any
11person, sole proprietorship, or entity including, but not
12limited to, a partnership, professional service corporation,
13or corporation that offers services under the Illinois
14Landscape Architecture Act of 1989.
15    "Proposal" means the offer to enter into a design-build
16contract as submitted by a design-build entity in accordance
17with this Act.
18    "Request for proposal" means the document used by the park
19district to solicit proposals for a design-build contract.
20    "Scope and performance criteria" means the requirements
21for the public project, including, but not limited to: the
22intended usage, capacity, size, scope, quality, and
23performance standards; life-cycle costs; and other
24programmatic criteria that are expressed in performance
25oriented and quantifiable specifications and drawings that can
26be reasonably inferred and are suited to allow a design-build



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1entity to develop a proposal.
2    (70 ILCS 1205/8-51 new)
3    Sec. 8-51. Authorization for design-build; advertisement.
4    (a) A park district shall have the power to enter into
5design-build contracts. In addition to the requirements set
6forth in its ordinances, the park district shall advertise a
7design-build solicitation at least once in a daily newspaper of
8general circulation within the county in which the park
9district is located. The date that Phase I submissions by
10design-build entities are due must be at least 14 calendar days
11after the date the newspaper advertisement for design-build
12proposals is first published. The advertisement shall identify
13the design-build project, the due date, the place and time for
14Phase I submissions, and the place where proposers may obtain a
15complete copy of the request for design-build proposals,
16including the criteria for evaluation and the scope and
17performance criteria. The park district is not precluded from
18using other media or from placing advertisements in addition to
19the one required under this subsection.
20    (b) A park district may reject any and all bids and
21proposals received and may readvertise for bids or issue a new
22request for design-build proposals.
23    (70 ILCS 1205/8-52 new)
24    Sec. 8-52. Solicitation of design-build proposals.



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1    (a) When a park district elects to use the design-build
2delivery method, it must issue a notice of intent to receive
3proposals for the project at least 14 days before issuing the
4request for proposal. The park district shall publish notice of
5the request for the design-build proposal in a newspaper of
6general circulation within the county in which the park
7district is located. The park district shall, if possible, post
8plans and specifications in a related construction industry
9service publication. A brief description of the proposed
10procurement must be included in the notice. The park district
11must provide a copy of the request for proposal to any party
12requesting a copy.
13    (b) The request for proposal shall be prepared for each
14project and must contain, without limitation, the following
16        (1) A preliminary schedule for the completion of the
17    contract.
18        (2) The proposed budget for the project, the source of
19    funds, and the funds available at the time the request for
20    proposal is submitted.
21        (3) Prequalification criteria for design-build
22    entities wishing to submit proposals. The park district
23    shall include, at a minimum, its normal prequalification,
24    licensing, registration, and other requirements, but
25    nothing contained in this Section precludes the use of
26    additional prequalification criteria by the park district.



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1        (4) Material requirements of the contract, including,
2    but not limited to, the proposed terms and conditions,
3    required performance and payment bonds, insurance, and the
4    entity's plan to comply with the utilization goals
5    established by the corporate authorities of the park
6    district for minority and women business enterprises and to
7    comply with Section 2-105 of the Illinois Human Rights Act.
8        (5) The performance criteria.
9        (6) The evaluation criteria for each phase of the
10    solicitation.
11        (7) The number of entities to be considered for the
12    technical and cost evaluation phase.
13    (c) The park district may include any other relevant
14information that it chooses to supply. The design-build entity
15shall be entitled to rely upon the accuracy of this
16documentation in the development of its proposal.
17    (d) The date that proposals are due must be at least 21
18calendar days after the date of the issuance of the request for
19proposal. In the event the construction portion of the cost of
20the project is estimated to exceed $12,000,000, then the
21proposal due date must be at least 28 calendar days after the
22date of the issuance of the request for proposal. The park
23district shall include in the request for proposal a minimum of
2430 days to develop the Phase II submissions after the selection
25of entities from the Phase I evaluation is completed.



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1    (70 ILCS 1205/8-53 new)
2    Sec. 8-53. Development of design-build scope and
3performance criteria.
4    (a) The Park District shall develop, with the assistance of
5a licensed design professional or a landscape architect design
6professional, as appropriate, a request for proposal, which
7shall include scope and performance criteria. The scope and
8performance criteria must be in sufficient detail and contain
9adequate information to reasonably apprise the qualified
10design-build entities of the park district's overall
11programmatic needs and goals, including criteria and
12preliminary design plans, general budget parameters, schedule,
13and delivery requirements.
14    (b) Each request for proposal shall also include a
15description of the level of design to be provided in the
16proposals. This description must include the scope and type of
17renderings, drawings, and specifications that, at a minimum,
18will be required by the park district to be produced by the
19design-build entities.
20    (c) The scope and performance criteria shall be prepared by
21a design professional or a landscape architect design
22professional, as appropriate, who is an employee of the park
23district, or the park district may contract with an independent
24design professional selected under the Local Government
25Professional Services Selection Act to provide these services.
26    (d) The design professional or landscape architect design



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1professional that prepares the scope and performance criteria
2is prohibited from participating in any design-build entity
3proposal for the project.
4    (70 ILCS 1205/8-54 new)
5    Sec. 8-54. Procedures for design-build selection.
6    (a) The park district must use a two-phase procedure for
7the selection of the successful design-build entity. Phase I of
8the procedure shall evaluate and shortlist the design-build
9entities based on qualifications, and Phase II will evaluate
10the technical and cost proposals.
11    (b) The park district shall include in the request for
12proposal the evaluating factors to be used in Phase I. These
13factors are in addition to any prequalification requirements of
14design-build entities that the park district has set forth.
15Each request for proposal shall establish the relative
16importance assigned to each evaluation factor and subfactor,
17including any weighting of criteria to be employed by the park
18district. The park district must maintain a record of the
19evaluation scoring to be disclosed in the event of a protest
20regarding the solicitation. The park district shall include the
21following criteria in every Phase I evaluation of design-build
23        (1) experience of personnel;
24        (2) successful experience with similar project types;
25        (3) financial capability;



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1        (4) timeliness of past performance;
2        (5) experience with similarly sized projects;
3        (6) successful reference checks of the firm;
4        (7) commitment to assign personnel for the duration of
5    the project;
6        (8) qualifications of the entity's consultants; and
7        (9) ability or past performance in meeting or
8    exhausting good faith efforts to meet the utilization goals
9    for minority and women business enterprises established by
10    the corporate authorities of the park district and in
11    complying with Section 2-105 of the Illinois Human Rights
12    Act.
13    The park district may include any additional relevant
14criteria in Phase I that it deems necessary for a proper
15qualification review.
16    The park district may not consider any design-build entity
17for evaluation or award if the entity has any pecuniary
18interest in the project or has other relationships or
19circumstances, including, but not limited to, long-term
20leasehold, mutual performance, or development contracts with
21the park district, that may give the design-build entity a
22financial or tangible advantage over other design-build
23entities in the preparation, evaluation, or performance of the
24design-build contract or that create the appearance of
25impropriety. No design-build proposal shall be considered that
26does not include an entity's plan to comply with the



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1requirements concerning minority and women business
2enterprises and economically disadvantaged firms established
3by the corporate authorities of the park district and with
4Section 2-105 of the Illinois Human Rights Act.
5    Upon completion of the qualifications evaluation, the park
6district shall create a shortlist of the most highly qualified
7design-build entities. The park district, in its discretion, is
8not required to shortlist the maximum number of entities as
9identified for Phase II evaluation, except that no less than 2
10design-build entities nor more than 6 are selected to submit
11Phase II proposals. The park district shall notify the entities
12selected for the shortlist in writing. This notification shall
13commence the period for the preparation of Phase II technical
14and cost evaluations. The park district must allow sufficient
15time for the shortlist entities to prepare their Phase II
16submittals considering the scope and detail requested by the
17park district.
18    (c) The park district shall include in the request for
19proposal the evaluating factors to be used in the technical and
20cost submission components of Phase II. Each request for
21proposal shall establish, for both the technical and cost
22submission components of Phase II, the relative importance
23assigned to each evaluation factor and subfactor, including any
24weighting of criteria to be employed by the park district. The
25park district must maintain a record of the evaluation scoring
26to be disclosed in the event of a protest regarding the



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2    The park district shall include the following criteria in
3every Phase II technical evaluation of design-build entities:
4        (1) compliance with objectives of the project;
5        (2) compliance of proposed services to the request for
6    proposal requirements;
7        (3) quality of products or materials proposed;
8        (4) quality of design parameters;
9        (5) design concepts;
10        (6) innovation in meeting the scope and performance
11    criteria; and
12        (7) constructability of the proposed project.
13    The park district may include any additional relevant
14technical evaluation factors it deems necessary for proper
16    The park district shall include the following criteria in
17every Phase II cost evaluation: the guaranteed maximum project
18cost and the time of completion. The park district may include
19any additional relevant technical evaluation factors it deems
20necessary for proper selection. The guaranteed maximum project
21cost criteria weighing factor shall not exceed 30%.
22    The park district shall directly employ or retain a
23licensed design professional or landscape architect design
24professional, as appropriate, to evaluate the technical and
25cost submissions to determine if the technical submissions are
26in accordance with generally accepted industry standards.



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1    Upon completion of the technical submissions and cost
2submissions evaluation, the park district may award the
3design-build contract to the highest overall ranked entity.
4    (70 ILCS 1205/8-55 new)
5    Sec. 8-55. Small design-build projects. In any case where
6the total overall cost of the project is estimated to be less
7than $12,000,000, the park district may combine the two-phase
8procedure for design-build selection described in Section 8-50
9into one combined step, provided that all the requirements of
10evaluation are performed in accordance with Section 8-50.
11    (70 ILCS 1205/8-56 new)
12    Sec. 8-56. Submission of design-build proposals.
13Design-build proposals must be properly identified and sealed.
14Proposals may not be reviewed until after the deadline for
15submission has passed as set forth in the request for
16proposals. All design-build entities submitting proposals
17shall be disclosed after the deadline for submission, and all
18design-build entities who are selected for Phase II evaluation
19shall also be disclosed at the time of that determination.
20    Phase II design-build proposals shall include a bid bond in
21the form and security as designated in the request for
22proposals. Proposals shall also contain a separate sealed
23envelope with the cost information within the overall proposal
24submission. Proposals shall include a list of all design



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1professionals, landscape architect design professionals, and
2other entities to which any work may be subcontracted during
3the performance of the contract.
4    Proposals must meet all material requirements of the
5request for proposal or they may be rejected as non-responsive.
6The park district shall have the right to reject any and all
8    The drawings and specifications of any unsuccessful
9design-build proposal shall remain the property of the
10design-build entity.
11    The park district shall review the proposals for compliance
12with the performance criteria and evaluation factors set forth
13in this Act.
14    Proposals may be withdrawn before the due date and time for
15submissions for any cause. After evaluation begins by the park
16district, clear and convincing evidence of error is required
17for withdrawal.
18    (70 ILCS 1205/8-57 new)
19    Sec. 8-57. Design-build award. The park district may award
20a design-build contract to the highest overall ranked entity.
21Notice of award shall be made in writing. Unsuccessful entities
22shall also be notified in writing. The park district may not
23request a best and final offer after the receipt of proposals.
24The park district may negotiate with the selected design-build
25entity after award but prior to contract execution for the



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1purpose of securing better terms than originally proposed,
2provided that the salient features of the request for proposal
3are not diminished.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.