Rep. Mike Fortner

Filed: 3/30/2011





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2    AMENDMENT NO. ______. Amend House Bill 3458, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Park District Code is amended by adding
6Sections 8-50, 8-51, 8-52, 8-53, 8-54, 8-55, 8-56, and 8-57 as
8    (70 ILCS 1205/8-50 new)
9    Sec. 8-50. Definitions. For the purposes of Sections 8-50
10through 8-57, the following terms shall have the following
11meanings, unless the context requires a different meaning:
12    "Delivery system" means the design and construction
13approach used to develop and construct a project.
14    "Design-bid-build" means the traditional delivery system
15used on public projects that incorporates the Local Government
16Professional Services Selection Act and the principles of



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



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1proprietorship, firm, partnership, joint venture, corporation,
2professional corporation, or other entity that offers services
3under the Illinois Architecture Practice Act of 1989, the
4Professional Engineering Practice Act of 1989, the Structural
5Engineering Practice Act of 1989, or the Illinois Professional
6Land Surveyor Act of 1989.
7    "Evaluation criteria" means the requirements for the
8separate phases of the selection process for design-build
9proposals as defined in this Act and may include the
10specialized experience, technical qualifications and
11competence, capacity to perform, past performance, experience
12with similar projects, assignment of personnel to the project,
13and other appropriate factors. Price may not be used as a
14factor in the evaluation of Phase I proposals.
15    "Landscape architect design professional" means any
16person, sole proprietorship, or entity including, but not
17limited to, a partnership, professional service corporation,
18or corporation that offers services under the Illinois
19Landscape Architecture Act of 1989.
20    "Proposal" means the offer to enter into a design-build
21contract as submitted by a design-build entity in accordance
22with this Act.
23    "Request for proposal" means the document used by the park
24district to solicit proposals for a design-build contract.
25    "Scope and performance criteria" means the requirements
26for the public project, including, but not limited to: the



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



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1proposals received and may readvertise for bids or issue a new
2request for design-build proposals.
3    (70 ILCS 1205/8-52 new)
4    Sec. 8-52. Solicitation of design-build proposals.
5    (a) When a park district elects to use the design-build
6delivery method, it must issue a notice of intent to receive
7proposals for the project at least 14 days before issuing the
8request for proposal. The park district shall publish notice of
9the request for the design-build proposal in a newspaper of
10general circulation within the county in which the park
11district is located. The park district shall, if possible, post
12plans and specifications in a related construction industry
13service publication. A brief description of the proposed
14procurement must be included in the notice. The park district
15must provide a copy of the request for proposal to any party
16requesting a copy.
17    (b) The request for proposal shall be prepared for each
18project and must contain, without limitation, the following
20        (1) A preliminary schedule for the completion of the
21    contract.
22        (2) The proposed budget for the project, the source of
23    funds, and the funds available at the time the request for
24    proposal is submitted.
25        (3) Prequalification criteria for design-build



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1    entities wishing to submit proposals. The park district
2    shall include, at a minimum, its normal prequalification,
3    licensing, registration, and other requirements, but
4    nothing contained in this Section precludes the use of
5    additional prequalification criteria by the park district.
6        (4) Material requirements of the contract, including,
7    but not limited to, the proposed terms and conditions,
8    required performance and payment bonds, insurance, and the
9    entity's plan to comply with the utilization goals
10    established by the corporate authorities of the park
11    district for minority and women business enterprises and to
12    comply with Section 2-105 of the Illinois Human Rights Act.
13        (5) The performance criteria.
14        (6) The evaluation criteria for each phase of the
15    solicitation.
16        (7) The number of entities to be considered for the
17    technical and cost evaluation phase.
18    (c) The park district may include any other relevant
19information that it chooses to supply. The design-build entity
20shall be entitled to rely upon the accuracy of this
21documentation in the development of its proposal.
22    (d) The date that proposals are due must be at least 21
23calendar days after the date of the issuance of the request for
24proposal. In the event the construction portion of the cost of
25the project is estimated to exceed $12,000,000, then the
26proposal due date must be at least 28 calendar days after the



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1date of the issuance of the request for proposal. The park
2district shall include in the request for proposal a minimum of
330 days to develop the Phase II submissions after the selection
4of entities from the Phase I evaluation is completed.
5    (70 ILCS 1205/8-53 new)
6    Sec. 8-53. Development of design-build scope and
7performance criteria.
8    (a) The park district shall develop, with the assistance of
9a licensed design professional or a landscape architect design
10professional, as appropriate, a request for proposal, which
11shall include scope and performance criteria. The scope and
12performance criteria must be in sufficient detail and contain
13adequate information to reasonably apprise the qualified
14design-build entities of the park district's overall
15programmatic needs and goals, including criteria and
16preliminary design plans, general budget parameters, schedule,
17and delivery requirements.
18    (b) Each request for proposal shall also include a
19description of the level of design to be provided in the
20proposals. This description must include the scope and type of
21renderings, drawings, and specifications that, at a minimum,
22will be required by the park district to be produced by the
23design-build entities.
24    (c) The scope and performance criteria shall be prepared by
25a design professional or a landscape architect design



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1professional, as appropriate, who is an employee of the park
2district, or the park district may contract with an independent
3design professional selected under the Local Government
4Professional Services Selection Act to provide these services.
5    (d) The design professional or landscape architect design
6professional that prepares the scope and performance criteria
7is prohibited from participating in any design-build entity
8proposal for the project.
9    (70 ILCS 1205/8-54 new)
10    Sec. 8-54. Procedures for design-build selection.
11    (a) The park district must use a two-phase procedure for
12the selection of the successful design-build entity. Phase I of
13the procedure shall evaluate and shortlist the design-build
14entities based on qualifications, and Phase II will evaluate
15the technical and cost proposals.
16    (b) The park district shall include in the request for
17proposal the evaluating factors to be used in Phase I. These
18factors are in addition to any prequalification requirements of
19design-build entities that the park district has set forth.
20Each request for proposal shall establish the relative
21importance assigned to each evaluation factor and subfactor,
22including any weighting of criteria to be employed by the park
23district. The park district must maintain a record of the
24evaluation scoring to be disclosed in the event of a protest
25regarding the solicitation. The park district shall include the



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1following criteria in every Phase I evaluation of design-build
3        (1) experience of personnel;
4        (2) successful experience with similar project types;
5        (3) financial capability;
6        (4) timeliness of past performance;
7        (5) experience with similarly sized projects;
8        (6) successful reference checks of the firm;
9        (7) commitment to assign personnel for the duration of
10    the project;
11        (8) qualifications of the entity's consultants; and
12        (9) ability or past performance in meeting or
13    exhausting good faith efforts to meet the utilization goals
14    for minority and women business enterprises established by
15    the corporate authorities of the park district and in
16    complying with Section 2-105 of the Illinois Human Rights
17    Act.
18    The park district may include any additional relevant
19criteria in Phase I that it deems necessary for a proper
20qualification review.
21    The park district may not consider any design-build entity
22for evaluation or award if the entity has any pecuniary
23interest in the project or has other relationships or
24circumstances, including, but not limited to, long-term
25leasehold, mutual performance, or development contracts with
26the park district, that may give the design-build entity a



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1financial or tangible advantage over other design-build
2entities in the preparation, evaluation, or performance of the
3design-build contract or that create the appearance of
4impropriety. No design-build proposal shall be considered that
5does not include an entity's plan to comply with the
6requirements concerning minority and women business
7enterprises and economically disadvantaged firms established
8by the corporate authorities of the park district and with
9Section 2-105 of the Illinois Human Rights Act.
10    Upon completion of the qualifications evaluation, the park
11district shall create a shortlist of the most highly qualified
12design-build entities. The park district, in its discretion, is
13not required to shortlist the maximum number of entities as
14identified for Phase II evaluation, except that no less than 2
15design-build entities nor more than 6 may be selected to submit
16Phase II proposals. The park district shall notify the entities
17selected for the shortlist in writing. This notification shall
18commence the period for the preparation of Phase II technical
19and cost evaluations. The park district must allow sufficient
20time for the shortlist entities to prepare their Phase II
21submittals considering the scope and detail requested by the
22park district.
23    (c) The park district shall include in the request for
24proposal the evaluating factors to be used in the technical and
25cost submission components of Phase II. Each request for
26proposal shall establish, for both the technical and cost



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1submission components of Phase II, the relative importance
2assigned to each evaluation factor and subfactor, including any
3weighting of criteria to be employed by the park district. The
4park district must maintain a record of the evaluation scoring
5to be disclosed in the event of a protest regarding the
7    The park district shall include the following criteria in
8every Phase II technical evaluation of design-build entities:
9        (1) compliance with objectives of the project;
10        (2) compliance of proposed services to the request for
11    proposal requirements;
12        (3) quality of products or materials proposed;
13        (4) quality of design parameters;
14        (5) design concepts;
15        (6) innovation in meeting the scope and performance
16    criteria; and
17        (7) constructability of the proposed project.
18    The park district may include any additional relevant
19technical evaluation factors it deems necessary for proper
21    The park district shall include the following criteria in
22every Phase II cost evaluation: the total project cost and the
23time of completion. The park district may include any
24additional relevant technical evaluation factors it deems
25necessary for proper selection. The total project cost criteria
26weighing factor shall not exceed 30%.



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



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1    Phase II design-build proposals shall include a bid bond in
2the form and security as designated in the request for
3proposals. Proposals shall also contain a separate sealed
4envelope with the cost information within the overall proposal
5submission. Proposals shall include a list of all design
6professionals, landscape architect design professionals, and
7other entities to which any work may be subcontracted during
8the performance of the contract.
9    Proposals must meet all material requirements of the
10request for proposal or they may be rejected as non-responsive.
11The park district shall have the right to reject any and all
13    The drawings and specifications of any unsuccessful
14design-build proposal shall remain the property of the
15design-build entity.
16    The park district shall review the proposals for compliance
17with the performance criteria and evaluation factors set forth
18in this Act.
19    Proposals may be withdrawn before the due date and time for
20submissions for any cause. After evaluation begins by the park
21district, clear and convincing evidence of error is required
22for withdrawal.
23    (70 ILCS 1205/8-57 new)
24    Sec. 8-57. Design-build award. The park district may award
25a design-build contract to the highest overall ranked entity.



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1Notice of award shall be made in writing. Unsuccessful entities
2shall also be notified in writing. The park district may not
3request a best and final offer after the receipt of proposals.
4The park district may negotiate with the selected design-build
5entity after award but prior to contract execution for the
6purpose of securing better terms than originally proposed,
7provided that the salient features of the request for proposal
8are not diminished.
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".