Full Text of HB3458 97th General Assembly
HB3458ham002 97TH GENERAL ASSEMBLY | Rep. Mike Fortner Filed: 3/30/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3458
| 2 | | AMENDMENT NO. ______. Amend House Bill 3458, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Park District Code is amended by adding | 6 | | Sections 8-50, 8-51, 8-52, 8-53, 8-54, 8-55, 8-56, and 8-57 as | 7 | | follows: | 8 | | (70 ILCS 1205/8-50 new) | 9 | | Sec. 8-50. Definitions. For the purposes of Sections 8-50 | 10 | | through 8-57, the following terms shall have the following | 11 | | meanings, unless the context requires a different meaning: | 12 | | "Delivery system" means the design and construction | 13 | | approach used to develop and construct a project. | 14 | | "Design-bid-build" means the traditional delivery system | 15 | | used on public projects that incorporates the Local Government | 16 | | Professional Services Selection Act and the principles of |
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| 1 | | competitive selection. | 2 | | "Design-build" means a delivery system that provides | 3 | | responsibility within a single contract for the furnishing of | 4 | | architecture, engineering, land surveying, and related | 5 | | services as required, and the labor, materials, equipment, and | 6 | | other construction services for the project. | 7 | | "Design-build contract" means a contract for a public | 8 | | project under this Act between any park district and a | 9 | | design-build entity to furnish architecture, engineering, land | 10 | | surveying, landscape architecture, and related services as | 11 | | required, and to furnish the labor, materials, equipment, and | 12 | | other construction services for the project. The design-build | 13 | | contract may be conditioned upon subsequent refinements in | 14 | | scope and price and may allow the park district to make | 15 | | modifications in the project scope without invalidating the | 16 | | design-build contract. | 17 | | "Design-build entity" means any individual, sole | 18 | | proprietorship, firm, partnership, joint venture, corporation, | 19 | | professional corporation, or other entity that proposes to | 20 | | design and construct any public project under this Act. A | 21 | | design-build entity and associated design-build professionals | 22 | | shall conduct themselves in accordance with the laws of this | 23 | | State and the related provisions of the Illinois Administrative | 24 | | Code, as referenced by the licensed design professionals Acts | 25 | | of this State. | 26 | | "Design professional" means any individual, sole |
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| 1 | | proprietorship, firm, partnership, joint venture, corporation, | 2 | | professional corporation, or other entity that offers services | 3 | | under the Illinois Architecture Practice Act of 1989, the | 4 | | Professional Engineering Practice Act of 1989, the Structural | 5 | | Engineering Practice Act of 1989, or the Illinois Professional | 6 | | Land Surveyor Act of 1989. | 7 | | "Evaluation criteria" means the requirements for the | 8 | | separate phases of the selection process for design-build | 9 | | proposals as defined in this Act and may include the | 10 | | specialized experience, technical qualifications and | 11 | | competence, capacity to perform, past performance, experience | 12 | | with similar projects, assignment of personnel to the project, | 13 | | and other appropriate factors. Price may not be used as a | 14 | | factor in the evaluation of Phase I proposals. | 15 | | "Landscape architect design professional" means any | 16 | | person, sole proprietorship, or entity including, but not | 17 | | limited to, a partnership, professional service corporation, | 18 | | or corporation that offers services under the Illinois | 19 | | Landscape Architecture Act of 1989. | 20 | | "Proposal" means the offer to enter into a design-build | 21 | | contract as submitted by a design-build entity in accordance | 22 | | with this Act. | 23 | | "Request for proposal" means the document used by the park | 24 | | district to solicit proposals for a design-build contract. | 25 | | "Scope and performance criteria" means the requirements | 26 | | for the public project, including, but not limited to: the |
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| 1 | | intended usage, capacity, size, scope, quality, and | 2 | | performance standards; life-cycle costs; and other | 3 | | programmatic criteria that are expressed in performance | 4 | | oriented and quantifiable specifications and drawings that can | 5 | | be reasonably inferred and are suited to allow a design-build | 6 | | entity 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 | 10 | | design-build contracts. In addition to the requirements set | 11 | | forth in its ordinances, the park district shall advertise a | 12 | | design-build solicitation at least once in a daily newspaper of | 13 | | general circulation within the county in which the park | 14 | | district is located. The date that Phase I submissions by | 15 | | design-build entities are due must be at least 14 calendar days | 16 | | after the date the newspaper advertisement for design-build | 17 | | proposals is first published. The advertisement shall identify | 18 | | the design-build project, the due date, the place and time for | 19 | | Phase I submissions, and the place where proposers may obtain a | 20 | | complete copy of the request for design-build proposals, | 21 | | including the criteria for evaluation and the scope and | 22 | | performance criteria. The park district is not precluded from | 23 | | using other media or from placing advertisements in addition to | 24 | | the one required under this subsection. | 25 | | (b) A park district may reject any and all bids and |
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| 1 | | proposals received and may readvertise for bids or issue a new | 2 | | request 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 | 6 | | delivery method, it must issue a notice of intent to receive | 7 | | proposals for the project at least 14 days before issuing the | 8 | | request for proposal. The park district shall publish notice of | 9 | | the request for the design-build proposal in a newspaper of | 10 | | general circulation within the county in which the park | 11 | | district is located. The park district shall, if possible, post | 12 | | plans and specifications in a related construction industry | 13 | | service publication. A brief description of the proposed | 14 | | procurement must be included in the notice. The park district | 15 | | must provide a copy of the request for proposal to any party | 16 | | requesting a copy. | 17 | | (b) The request for proposal shall be prepared for each | 18 | | project and must contain, without limitation, the following | 19 | | information: | 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 | 19 | | information that it chooses to supply. The design-build entity | 20 | | shall be entitled to rely upon the accuracy of this | 21 | | documentation in the development of its proposal. | 22 | | (d) The date that proposals are due must be at least 21 | 23 | | calendar days after the date of the issuance of the request for | 24 | | proposal. In the event the construction portion of the cost of | 25 | | the project is estimated to exceed $12,000,000, then the | 26 | | proposal due date must be at least 28 calendar days after the |
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| 1 | | date of the issuance of the request for proposal. The park | 2 | | district shall include in the request for proposal a minimum of | 3 | | 30 days to develop the Phase II submissions after the selection | 4 | | of 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 | 7 | | performance criteria. | 8 | | (a) The park district shall develop, with the assistance of | 9 | | a licensed design professional or a landscape architect design | 10 | | professional, as appropriate, a request for proposal, which | 11 | | shall include scope and performance criteria. The scope and | 12 | | performance criteria must be in sufficient detail and contain | 13 | | adequate information to reasonably apprise the qualified | 14 | | design-build entities of the park district's overall | 15 | | programmatic needs and goals, including criteria and | 16 | | preliminary design plans, general budget parameters, schedule, | 17 | | and delivery requirements. | 18 | | (b) Each request for proposal shall also include a | 19 | | description of the level of design to be provided in the | 20 | | proposals. This description must include the scope and type of | 21 | | renderings, drawings, and specifications that, at a minimum, | 22 | | will be required by the park district to be produced by the | 23 | | design-build entities. | 24 | | (c) The scope and performance criteria shall be prepared by | 25 | | a design professional or a landscape architect design |
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| 1 | | professional, as appropriate, who is an employee of the park | 2 | | district, or the park district may contract with an independent | 3 | | design professional selected under the Local Government | 4 | | Professional Services Selection Act to provide these services. | 5 | | (d) The design professional or landscape architect design | 6 | | professional that prepares the scope and performance criteria | 7 | | is prohibited from participating in any design-build entity | 8 | | proposal 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 | 12 | | the selection of the successful design-build entity. Phase I of | 13 | | the procedure shall evaluate and shortlist the design-build | 14 | | entities based on qualifications, and Phase II will evaluate | 15 | | the technical and cost proposals. | 16 | | (b) The park district shall include in the request for | 17 | | proposal the evaluating factors to be used in Phase I. These | 18 | | factors are in addition to any prequalification requirements of | 19 | | design-build entities that the park district has set forth. | 20 | | Each request for proposal shall establish the relative | 21 | | importance assigned to each evaluation factor and subfactor, | 22 | | including any weighting of criteria to be employed by the park | 23 | | district. The park district must maintain a record of the | 24 | | evaluation scoring to be disclosed in the event of a protest | 25 | | regarding the solicitation. The park district shall include the |
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| 1 | | following criteria in every Phase I evaluation of design-build | 2 | | entities: | 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 | 19 | | criteria in Phase I that it deems necessary for a proper | 20 | | qualification review. | 21 | | The park district may not consider any design-build entity | 22 | | for evaluation or award if the entity has any pecuniary | 23 | | interest in the project or has other relationships or | 24 | | circumstances, including, but not limited to, long-term | 25 | | leasehold, mutual performance, or development contracts with | 26 | | the park district, that may give the design-build entity a |
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| 1 | | financial or tangible advantage over other design-build | 2 | | entities in the preparation, evaluation, or performance of the | 3 | | design-build contract or that create the appearance of | 4 | | impropriety. No design-build proposal shall be considered that | 5 | | does not include an entity's plan to comply with the | 6 | | requirements concerning minority and women business | 7 | | enterprises and economically disadvantaged firms established | 8 | | by the corporate authorities of the park district and with | 9 | | Section 2-105 of the Illinois Human Rights Act. | 10 | | Upon completion of the qualifications evaluation, the park | 11 | | district shall create a shortlist of the most highly qualified | 12 | | design-build entities. The park district, in its discretion, is | 13 | | not required to shortlist the maximum number of entities as | 14 | | identified for Phase II evaluation, except that no less than 2 | 15 | | design-build entities nor more than 6 may be selected to submit | 16 | | Phase II proposals. The park district shall notify the entities | 17 | | selected for the shortlist in writing. This notification shall | 18 | | commence the period for the preparation of Phase II technical | 19 | | and cost evaluations. The park district must allow sufficient | 20 | | time for the shortlist entities to prepare their Phase II | 21 | | submittals considering the scope and detail requested by the | 22 | | park district. | 23 | | (c) The park district shall include in the request for | 24 | | proposal the evaluating factors to be used in the technical and | 25 | | cost submission components of Phase II. Each request for | 26 | | proposal shall establish, for both the technical and cost |
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| 1 | | submission components of Phase II, the relative importance | 2 | | assigned to each evaluation factor and subfactor, including any | 3 | | weighting of criteria to be employed by the park district. The | 4 | | park district must maintain a record of the evaluation scoring | 5 | | to be disclosed in the event of a protest regarding the | 6 | | solicitation. | 7 | | The park district shall include the following criteria in | 8 | | every 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 | 19 | | technical evaluation factors it deems necessary for proper | 20 | | selection. | 21 | | The park district shall include the following criteria in | 22 | | every Phase II cost evaluation: the total project cost and the | 23 | | time of completion. The park district may include any | 24 | | additional relevant technical evaluation factors it deems | 25 | | necessary for proper selection. The total project cost criteria | 26 | | weighing factor shall not exceed 30%. |
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| 1 | | The park district shall directly employ or retain a | 2 | | licensed design professional or landscape architect design | 3 | | professional, as appropriate, to evaluate the technical and | 4 | | cost submissions to determine if the technical submissions are | 5 | | in accordance with generally accepted industry standards. | 6 | | Upon completion of the technical submissions and cost | 7 | | submissions evaluation, the park district may award the | 8 | | design-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 | 11 | | the total overall cost of the project is estimated to be less | 12 | | than $12,000,000, the park district may combine the two-phase | 13 | | procedure for design-build selection described in Section 8-50 | 14 | | into one combined step, provided that all the requirements of | 15 | | evaluation are performed in accordance with Section 8-50. | 16 | | (70 ILCS 1205/8-56 new) | 17 | | Sec. 8-56. Submission of design-build proposals. | 18 | | Design-build proposals must be properly identified and sealed. | 19 | | Proposals may not be reviewed until after the deadline for | 20 | | submission has passed as set forth in the request for | 21 | | proposals. All design-build entities submitting proposals | 22 | | shall be disclosed after the deadline for submission, and all | 23 | | design-build entities who are selected for Phase II evaluation | 24 | | shall 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 | 2 | | the form and security as designated in the request for | 3 | | proposals. Proposals shall also contain a separate sealed | 4 | | envelope with the cost information within the overall proposal | 5 | | submission. Proposals shall include a list of all design | 6 | | professionals, landscape architect design professionals, and | 7 | | other entities to which any work may be subcontracted during | 8 | | the performance of the contract. | 9 | | Proposals must meet all material requirements of the | 10 | | request for proposal or they may be rejected as non-responsive. | 11 | | The park district shall have the right to reject any and all | 12 | | proposals. | 13 | | The drawings and specifications of any unsuccessful | 14 | | design-build proposal shall remain the property of the | 15 | | design-build entity. | 16 | | The park district shall review the proposals for compliance | 17 | | with the performance criteria and evaluation factors set forth | 18 | | in this Act. | 19 | | Proposals may be withdrawn before the due date and time for | 20 | | submissions for any cause. After evaluation begins by the park | 21 | | district, clear and convincing evidence of error is required | 22 | | for withdrawal. | 23 | | (70 ILCS 1205/8-57 new) | 24 | | Sec. 8-57. Design-build award. The park district may award | 25 | | a design-build contract to the highest overall ranked entity. |
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| 1 | | Notice of award shall be made in writing. Unsuccessful entities | 2 | | shall also be notified in writing. The park district may not | 3 | | request a best and final offer after the receipt of proposals. | 4 | | The park district may negotiate with the selected design-build | 5 | | entity after award but prior to contract execution for the | 6 | | purpose of securing better terms than originally proposed, | 7 | | provided that the salient features of the request for proposal | 8 | | are not diminished.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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