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Public Act 102-0954


 

Public Act 0954 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0954
 
HB4772 EnrolledLRB102 25757 AWJ 35083 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 Counties Code is amended by adding Division
5-45 as follows:
 
    (55 ILCS 5/Div. 5-45 heading new)
Division 5-45. County Design-Build Authorization

 
    (55 ILCS 5/5-45001 new)
    Sec. 5-45001. Short title. This Division may be cited as
the County Design-Build Authorization Act.
 
    (55 ILCS 5/5-45005 new)
    Sec. 5-45005. Purpose. The purpose of this Division is to
authorize counties to use design-build processes to increase
the efficiency and effectiveness of delivering public
projects.
 
    (55 ILCS 5/5-45010 new)
    Sec. 5-45010. Definitions. As used in this Division:
    "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 competitive
bidding process set forth in this Code.
    "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 Division between a county and a
design-build entity to furnish: architecture, engineering,
land surveying, public art or interpretive exhibits, and
related services, as required; and the labor, materials,
equipment, and other construction services for the project.
    "Design-build entity" means an individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that proposes to
design and construct any public project under this Division.
    "Design professional" means an 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 as defined in this
Division 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.
    "Proposal" means the offer to enter into a design-build
contract as submitted by a design-build entity in accordance
with this Division.
    "Public art designer" means an individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that has
demonstrated experience with the design and fabrication of
public art including any media that has been planned and
executed with the intention of being staged in the physical
public domain outside and accessible to all or any art which is
exhibited in a public space including publicly accessible
buildings, or interpretive exhibits including communication
media that is designed to engage, excite, inform, relate, or
reveal the intrinsic nature or indispensable quality of a
topic or story being presented.
    "Request for proposal" means the document used by the
county 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.
 
    (55 ILCS 5/5-45015 new)
    Sec. 5-45015. Solicitation of proposals.
    (a) A county may enter into design-build contracts. In
addition to the requirements set forth in its local
ordinances, when the county 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 the proposal. The county must publish the advance
notice in the manner prescribed by ordinance, which shall
include posting the advance notice online on its website. The
county may publish the notice in construction industry
publications or post the notice on construction industry
websites. A brief description of the proposed procurement must
be included in the notice. The county 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) The name of the county.
        (2) A preliminary schedule for the completion of the
    contract.
        (3) The proposed budget for the project, the source of
    funds, and the currently available funds at the time the
    request for proposal is submitted.
        (4) Prequalification criteria for design-build
    entities wishing to submit proposals. The county shall
    include, at a minimum, its normal qualifications,
    licensing, registration, and other requirements; however,
    nothing precludes the use of additional prequalification
    criteria by the county.
         (5) 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 for
    business enterprises established in the Business
    Enterprise for Minorities, Women, and Persons with
    Disabilities Act and with Section 2-105 of the Illinois
    Human Rights Act.
        (6) The performance criteria.
        (7) The evaluation criteria for each phase of the
    solicitation. Price may not be used as a factor in the
    evaluation of Phase I proposals.
        (8) The number of entities that will be considered for
    the technical and cost evaluation phase.
    (c) The county 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. If 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 county 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.
 
    (55 ILCS 5/5-45020 new)
    Sec. 5-45020. Development of scope and performance
criteria.
    (a) The county shall develop, with the assistance of a
licensed design professional or public art designer, 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
county'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 county to be produced by the
design-build entities.
    (c) The scope and performance criteria shall be prepared
by a design professional or public art designer who is an
employee of the county, or the county may contract with an
independent design professional or public art designer
selected under the Local Government Professional Services
Selection Act to provide these services.
    (d) The design professional or public art designer that
prepares the scope and performance criteria is prohibited from
participating in any design-build entity proposal for the
project.
    (e) The design-build contract may be conditioned upon
subsequent refinements in scope and price and may allow the
county to make modifications in the project scope without
invalidating the design-build contract.
 
    (55 ILCS 5/5-45025 new)
    Sec. 5-45025. Procedures for Selection.
    (a) The county must use a two-phase procedure for the
selection of the successful design-build entity. Phase I of
the procedure will evaluate and shortlist the design-build
entities based on qualifications, and Phase II will evaluate
the technical and cost proposals.
    (b) The county 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 county 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 county. The
county must maintain a record of the evaluation scoring to be
disclosed in event of a protest regarding the solicitation.
    The county shall include the following criteria in every
Phase I evaluation of design-build entities: (i) experience of
personnel; (ii) successful experience with similar project
types; (iii) financial capability; (iv) timeliness of past
performance; (v) experience with similarly sized projects;
(vi) successful reference checks of the firm; (vii) commitment
to assign personnel for the duration of the project and
qualifications of the entity's consultants; and (viii) ability
or past performance in meeting or exhausting good faith
efforts to meet the utilization goals for business enterprises
established in the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act and with Section 2-105 of
the Illinois Human Rights Act. The county may include any
additional relevant criteria in Phase I that it deems
necessary for a proper qualification review.
    The county 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 county, 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 proposal shall
be considered that does not include an entity's plan to comply
with the requirements established in the Business Enterprise
for Minorities, Women, and Persons with Disabilities Act, for
both the design and construction areas of performance, and
with Section 2-105 of the Illinois Human Rights Act.
    Upon completion of the qualifications evaluation, the
county shall create a shortlist of the most highly qualified
design-build entities. The county, in its discretion, is not
required to shortlist the maximum number of entities as
identified for Phase II evaluation, provided that no less than
2 design-build entities nor more than 6 are selected to submit
Phase II proposals.
    The county shall notify the entities selected for the
shortlist in writing. This notification shall commence the
period for the preparation of the Phase II technical and cost
evaluations. The county must allow sufficient time for the
shortlist entities to prepare their Phase II submittals
considering the scope and detail requested by the county.
    (c) The county 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 county. The county must
maintain a record of the evaluation scoring to be disclosed in
event of a protest regarding the solicitation.
    The county shall include the following criteria in every
Phase II technical evaluation of design-build entities: (i)
compliance with objectives of the project; (ii) compliance of
proposed services to the request for proposal requirements;
(iii) quality of products or materials proposed; (iv) quality
of design parameters; (v) design concepts; (vi) innovation in
meeting the scope and performance criteria; and (vii)
constructability of the proposed project. The county may
include any additional relevant technical evaluation factors
it deems necessary for proper selection.
    The county shall include the following criteria in every
Phase II cost evaluation: the total project cost, the
construction costs, and the time of completion. The county 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 county shall directly employ or retain a licensed
design professional or a public art designer 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 county may award the
design-build contract to the highest overall ranked entity.
 
    (55 ILCS 5/5-45030 new)
    Sec. 5-45030. Small projects. In any case where the total
overall cost of the project is estimated to be less than
$12,000,000, the county may combine the two-phase procedure
for selection described in Section 5-45025 into one combined
step, provided that all the requirements of evaluation are
performed in accordance with Section 5-45025.
 
    (55 ILCS 5/5-45035 new)
    Sec. 5-45035. Submission of proposals. 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.
    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, public art
designers, 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 county shall have the right to reject any
and all proposals.
    The drawings and specifications of the proposal may remain
the property of the design-build entity.
    The county shall review the proposals for compliance with
the performance criteria and evaluation factors.
    Proposals may be withdrawn prior to evaluation for any
cause. After evaluation begins by the county, clear and
convincing evidence of error is required for withdrawal.
 
    (55 ILCS 5/5-45040 new)
    Sec. 5-45040. Award; performance. The county may award the
contract to the highest overall ranked design-build entity.
Notice of award shall be made in writing. Unsuccessful
design-build entities shall also be notified in writing. The
county may not request a best and final offer after the receipt
of proposals of all qualified design-build entities. The
county 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.
    A design-build entity and associated design professionals
shall conduct themselves in accordance with the relevant laws
of this State and the related provisions of the Illinois
Administrative Code.
 
    (55 ILCS 5/5-45045 new)
    Sec. 5-45045. Reports and evaluation. At the end of every
6-month period following the contract award, and again prior
to final contract payout and closure, a selected design-build
entity shall detail, in a written report submitted to the
county, its efforts and success in implementing the entity's
plan to comply with the utilization goals for business
enterprises established in the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act and the
provisions of Section 2-105 of the Illinois Human Rights Act.
 
    (55 ILCS 5/5-45047 new)
    Sec. 5-45047. Exception. Nothing in this Division shall
prevent a county from using a qualification-based selection
process for design professionals or construction managers for
design-build projects.
 
    (55 ILCS 5/5-45050 new)
    Sec. 5-45050. Severability. The provisions of this
Division are severable under Section 1.31 of the Statute on
Statutes.
 
    Section 999. Effective date. This Act takes effect January
1, 2023.

Effective Date: 1/1/2023