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.