Illinois General Assembly - Full Text of HB3458
Illinois General Assembly

Previous General Assemblies

Full Text of HB3458  97th General Assembly




HB3458 EnrolledLRB097 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



HB3458 Enrolled- 2 -LRB097 09595 RLJ 49732 b

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



HB3458 Enrolled- 3 -LRB097 09595 RLJ 49732 b

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    "Landscape architect design professional" means any
8person, sole proprietorship, or entity including, but not
9limited to, a partnership, professional service corporation,
10or corporation that offers services under the Illinois
11Landscape Architecture Act of 1989.
12    "Proposal" means the offer to enter into a design-build
13contract as submitted by a design-build entity in accordance
14with this Act.
15    "Request for proposal" means the document used by the park
16district to solicit proposals for a design-build contract.
17    "Scope and performance criteria" means the requirements
18for the public project, including, but not limited to: the
19intended usage, capacity, size, scope, quality, and
20performance standards; life-cycle costs; and other
21programmatic criteria that are expressed in performance
22oriented and quantifiable specifications and drawings that can
23be reasonably inferred and are suited to allow a design-build
24entity to develop a proposal.
25    (70 ILCS 1205/8-51 new)



HB3458 Enrolled- 4 -LRB097 09595 RLJ 49732 b

1    Sec. 8-51. Authorization for design-build; advertisement.
2    (a) A park district shall have the power to enter into
3design-build contracts. In addition to the requirements set
4forth in its ordinances, the park district shall advertise a
5design-build solicitation at least once in a daily newspaper of
6general circulation within the county in which the park
7district is located. The date that Phase I submissions by
8design-build entities are due must be at least 14 calendar days
9after the date the newspaper advertisement for design-build
10proposals is first published. The advertisement shall identify
11the design-build project, the due date, the place and time for
12Phase I submissions, and the place where proposers may obtain a
13complete copy of the request for design-build proposals,
14including the criteria for evaluation and the scope and
15performance criteria. The park district is not precluded from
16using other media or from placing advertisements in addition to
17the one required under this subsection.
18    (b) A park district may reject any and all bids and
19proposals received and may readvertise for bids or issue a new
20request for design-build proposals.
21    (70 ILCS 1205/8-52 new)
22    Sec. 8-52. Solicitation of design-build proposals.
23    (a) When a park district elects to use the design-build
24delivery method, it must issue a notice of intent to receive
25proposals for the project at least 14 days before issuing the



HB3458 Enrolled- 5 -LRB097 09595 RLJ 49732 b

1request for proposal. The park district shall publish notice of
2the request for the design-build proposal in a newspaper of
3general circulation within the county in which the park
4district is located. The park district shall, if possible, post
5plans and specifications in a related construction industry
6service publication. A brief description of the proposed
7procurement must be included in the notice. The park district
8must provide a copy of the request for proposal to any party
9requesting a copy.
10    (b) The request for proposal shall be prepared for each
11project and must contain, without limitation, the following
13        (1) A preliminary schedule for the completion of the
14    contract.
15        (2) The proposed budget for the project, the source of
16    funds, and the funds available at the time the request for
17    proposal is submitted.
18        (3) Prequalification criteria for design-build
19    entities wishing to submit proposals. The park district
20    shall include, at a minimum, its normal prequalification,
21    licensing, registration, and other requirements, but
22    nothing contained in this Section precludes the use of
23    additional prequalification criteria by the park district.
24        (4) Material requirements of the contract, including,
25    but not limited to, the proposed terms and conditions,
26    required performance and payment bonds, insurance, and the



HB3458 Enrolled- 6 -LRB097 09595 RLJ 49732 b

1    entity's plan to comply with the utilization goals
2    established by the corporate authorities of the park
3    district for minority and women business enterprises and to
4    comply with Section 2-105 of the Illinois Human Rights Act.
5        (5) The performance criteria.
6        (6) The evaluation criteria for each phase of the
7    solicitation.
8        (7) The number of entities to be considered for the
9    technical and cost evaluation phase.
10    (c) The park district may include any other relevant
11information that it chooses to supply. The design-build entity
12shall be entitled to rely upon the accuracy of this
13documentation in the development of its proposal.
14    (d) The date that proposals are due must be at least 21
15calendar days after the date of the issuance of the request for
16proposal. In the event the construction portion of the cost of
17the project is estimated to exceed $12,000,000, then the
18proposal due date must be at least 28 calendar days after the
19date of the issuance of the request for proposal. The park
20district shall include in the request for proposal a minimum of
2130 days to develop the Phase II submissions after the selection
22of entities from the Phase I evaluation is completed.
23    (70 ILCS 1205/8-53 new)
24    Sec. 8-53. Development of design-build scope and
25performance criteria.



HB3458 Enrolled- 7 -LRB097 09595 RLJ 49732 b

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



HB3458 Enrolled- 8 -LRB097 09595 RLJ 49732 b

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



HB3458 Enrolled- 9 -LRB097 09595 RLJ 49732 b

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



HB3458 Enrolled- 10 -LRB097 09595 RLJ 49732 b

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



HB3458 Enrolled- 11 -LRB097 09595 RLJ 49732 b

1        (1) compliance with objectives of the project;
2        (2) compliance of proposed services to the request for
3    proposal requirements;
4        (3) quality of products or materials proposed;
5        (4) quality of design parameters;
6        (5) design concepts;
7        (6) innovation in meeting the scope and performance
8    criteria; and
9        (7) constructability of the proposed project.
10    The park district may include any additional relevant
11technical evaluation factors it deems necessary for proper
13    The park district shall include the following criteria in
14every Phase II cost evaluation: the total project cost and the
15time of completion. The park district may include any
16additional relevant technical evaluation factors it deems
17necessary for proper selection. The total project cost criteria
18weighing factor shall not exceed 30%.
19    The park district shall directly employ or retain a
20licensed design professional or landscape architect design
21professional, as appropriate, to evaluate the technical and
22cost submissions to determine if the technical submissions are
23in accordance with generally accepted industry standards.
24    Upon completion of the technical submissions and cost
25submissions evaluation, the park district may award the
26design-build contract to the highest overall ranked entity.



HB3458 Enrolled- 12 -LRB097 09595 RLJ 49732 b

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



HB3458 Enrolled- 13 -LRB097 09595 RLJ 49732 b

1    Proposals must meet all material requirements of the
2request for proposal or they may be rejected as non-responsive.
3The park district shall have the right to reject any and all
5    The drawings and specifications of any unsuccessful
6design-build proposal shall remain the property of the
7design-build entity.
8    The park district shall review the proposals for compliance
9with the performance criteria and evaluation factors set forth
10in this Act.
11    Proposals may be withdrawn before the due date and time for
12submissions for any cause. After evaluation begins by the park
13district, clear and convincing evidence of error is required
14for withdrawal.
15    (70 ILCS 1205/8-57 new)
16    Sec. 8-57. Design-build award. The park district may award
17a design-build contract to the highest overall ranked entity.
18Notice of award shall be made in writing. Unsuccessful entities
19shall also be notified in writing. The park district may not
20request a best and final offer after the receipt of proposals.
21The park district may negotiate with the selected design-build
22entity after award but prior to contract execution for the
23purpose of securing better terms than originally proposed,
24provided that the salient features of the request for proposal
25are not diminished.



HB3458 Enrolled- 14 -LRB097 09595 RLJ 49732 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.