Full Text of HB4772 102nd General Assembly
HB4772eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by adding Division | 5 | | 5-45 as follows: | 6 | | (55 ILCS 5/Div. 5-45 heading new) | 7 | | Division 5-45. County Design-Build Authorization | 8 | | (55 ILCS 5/5-45001 new) | 9 | | Sec. 5-45001. Short title. This Division may be cited as | 10 | | the County Design-Build Authorization Act. | 11 | | (55 ILCS 5/5-45005 new) | 12 | | Sec. 5-45005. Purpose. The purpose of this Division is to | 13 | | authorize counties to use design-build processes to increase | 14 | | the efficiency and effectiveness of delivering public | 15 | | projects. | 16 | | (55 ILCS 5/5-45010 new) | 17 | | Sec. 5-45010. Definitions. As used in this Division: | 18 | | "Delivery system" means the design and construction | 19 | | approach used to develop and construct a project. | 20 | | "Design-bid-build" means the traditional delivery system |
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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
| 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
| 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
| 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
| 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.
| 15 | | Section 999. Effective date. This Act takes effect January | 16 | | 1, 2023.
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