Public Act 097-0349
 
HB3458 EnrolledLRB097 09595 RLJ 49732 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



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