Illinois General Assembly - Full Text of HB4772
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Full Text of HB4772  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,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by adding Division
55-45 as follows:
6    (55 ILCS 5/Div. 5-45 heading new)
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
10the County Design-Build Authorization Act.
11    (55 ILCS 5/5-45005 new)
12    Sec. 5-45005. Purpose. The purpose of this Division is to
13authorize counties to use design-build processes to increase
14the efficiency and effectiveness of delivering public
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
19approach used to develop and construct a project.
20    "Design-bid-build" means the traditional delivery system



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1used on public projects that incorporates the competitive
2bidding process set forth in this Code.
3    "Design-build" means a delivery system that provides
4responsibility within a single contract for the furnishing of
5architecture, engineering, land surveying, and related
6services as required and the labor, materials, equipment, and
7other construction services for the project.
8    "Design-build contract" means a contract for a public
9project under this Division between a county and a
10design-build entity to furnish: architecture, engineering,
11land surveying, public art or interpretive exhibits, and
12related services, as required; and the labor, materials,
13equipment, and other construction services for the project.
14    "Design-build entity" means an individual, sole
15proprietorship, firm, partnership, joint venture, corporation,
16professional corporation, or other entity that proposes to
17design and construct any public project under this Division.
18    "Design professional" means an 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 as defined in this



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1Division and may include the specialized experience, technical
2qualifications and competence, capacity to perform, past
3performance, experience with similar projects, assignment of
4personnel to the project, and other appropriate factors.
5    "Proposal" means the offer to enter into a design-build
6contract as submitted by a design-build entity in accordance
7with this Division.
8    "Public art designer" means an individual, sole
9proprietorship, firm, partnership, joint venture, corporation,
10professional corporation, or other entity that has
11demonstrated experience with the design and fabrication of
12public art including any media that has been planned and
13executed with the intention of being staged in the physical
14public domain outside and accessible to all or any art which is
15exhibited in a public space including publicly accessible
16buildings, or interpretive exhibits including communication
17media that is designed to engage, excite, inform, relate, or
18reveal the intrinsic nature or indispensable quality of a
19topic or story being presented.
20    "Request for proposal" means the document used by the
21county to solicit proposals for a design-build contract.
22    "Scope and performance criteria" means the requirements
23for the public project, including, but not limited to, the
24intended usage, capacity, size, scope, quality and performance
25standards, life-cycle costs, and other programmatic criteria
26that are expressed in performance-oriented and quantifiable



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1specifications and drawings that can be reasonably inferred
2and are suited to allow a design-build entity to develop a
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
7addition to the requirements set forth in its local
8ordinances, when the county elects to use the design-build
9delivery method, it must issue a notice of intent to receive
10proposals for the project at least 14 days before issuing the
11request for the proposal. The county must publish the advance
12notice in the manner prescribed by ordinance, which shall
13include posting the advance notice online on its website. The
14county may publish the notice in construction industry
15publications or post the notice on construction industry
16websites. A brief description of the proposed procurement must
17be included in the notice. The county must provide a copy of
18the request for proposal to any party requesting a copy.
19    (b) The request for proposal shall be prepared for each
20project and must contain, without limitation, the following
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
24that it chooses to supply. The design-build entity shall be
25entitled to rely upon the accuracy of this documentation in
26the development of its proposal.



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1    (d) The date that proposals are due must be at least 21
2calendar days after the date of the issuance of the request for
3proposal. If the cost of the project is estimated to exceed
4$12,000,000, then the proposal due date must be at least 28
5calendar days after the date of the issuance of the request for
6proposal. The county shall include in the request for proposal
7a minimum of 30 days to develop the Phase II submissions after
8the selection of entities from the Phase I evaluation is
10    (55 ILCS 5/5-45020 new)
11    Sec. 5-45020. Development of scope and performance
13    (a) The county shall develop, with the assistance of a
14licensed design professional or public art designer, a request
15for proposal, which shall include scope and performance
16criteria. The scope and performance criteria must be in
17sufficient detail and contain adequate information to
18reasonably apprise the qualified design-build entities of the
19county's overall programmatic needs and goals, including
20criteria and preliminary design plans, general budget
21parameters, schedule, and delivery requirements.
22    (b) Each request for proposal shall also include a
23description of the level of design to be provided in the
24proposals. This description must include the scope and type of
25renderings, drawings, and specifications that, at a minimum,



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1will be required by the county to be produced by the
2design-build entities.
3    (c) The scope and performance criteria shall be prepared
4by a design professional or public art designer who is an
5employee of the county, or the county may contract with an
6independent design professional or public art designer
7selected under the Local Government Professional Services
8Selection Act to provide these services.
9    (d) The design professional or public art designer that
10prepares the scope and performance criteria is prohibited from
11participating in any design-build entity proposal for the
13    (e) The design-build contract may be conditioned upon
14subsequent refinements in scope and price and may allow the
15county to make modifications in the project scope without
16invalidating 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
20selection of the successful design-build entity. Phase I of
21the procedure will evaluate and shortlist the design-build
22entities based on qualifications, and Phase II will evaluate
23the technical and cost proposals.
24    (b) The county shall include in the request for proposal
25the evaluating factors to be used in Phase I. These factors are



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1in addition to any prequalification requirements of
2design-build entities that the county has set forth. Each
3request for proposal shall establish the relative importance
4assigned to each evaluation factor and subfactor, including
5any weighting of criteria to be employed by the county. The
6county must maintain a record of the evaluation scoring to be
7disclosed in event of a protest regarding the solicitation.
8    The county shall include the following criteria in every
9Phase I evaluation of design-build entities: (i) experience of
10personnel; (ii) successful experience with similar project
11types; (iii) financial capability; (iv) timeliness of past
12performance; (v) experience with similarly sized projects;
13(vi) successful reference checks of the firm; (vii) commitment
14to assign personnel for the duration of the project and
15qualifications of the entity's consultants; and (viii) ability
16or past performance in meeting or exhausting good faith
17efforts to meet the utilization goals for business enterprises
18established in the Business Enterprise for Minorities, Women,
19and Persons with Disabilities Act and with Section 2-105 of
20the Illinois Human Rights Act. The county may include any
21additional relevant criteria in Phase I that it deems
22necessary for a proper qualification review.
23    The county may not consider any design-build entity for
24evaluation or award if the entity has any pecuniary interest
25in the project or has other relationships or circumstances,
26including, but not limited to, long-term leasehold, mutual



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1performance, or development contracts with the county, that
2may give the design-build entity a financial or tangible
3advantage over other design-build entities in the preparation,
4evaluation, or performance of the design-build contract or
5that create the appearance of impropriety. No proposal shall
6be considered that does not include an entity's plan to comply
7with the requirements established in the Business Enterprise
8for Minorities, Women, and Persons with Disabilities Act, for
9both the design and construction areas of performance, and
10with Section 2-105 of the Illinois Human Rights Act.
11    Upon completion of the qualifications evaluation, the
12county shall create a shortlist of the most highly qualified
13design-build entities. The county, in its discretion, is not
14required to shortlist the maximum number of entities as
15identified for Phase II evaluation, provided that no less than
162 design-build entities nor more than 6 are selected to submit
17Phase II proposals.
18    The county shall notify the entities selected for the
19shortlist in writing. This notification shall commence the
20period for the preparation of the Phase II technical and cost
21evaluations. The county must allow sufficient time for the
22shortlist entities to prepare their Phase II submittals
23considering the scope and detail requested by the county.
24    (c) The county shall include in the request for proposal
25the evaluating factors to be used in the technical and cost
26submission components of Phase II. Each request for proposal



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1shall establish, for both the technical and cost submission
2components of Phase II, the relative importance assigned to
3each evaluation factor and subfactor, including any weighting
4of criteria to be employed by the county. The county must
5maintain a record of the evaluation scoring to be disclosed in
6event of a protest regarding the solicitation.
7    The county shall include the following criteria in every
8Phase II technical evaluation of design-build entities: (i)
9compliance with objectives of the project; (ii) compliance of
10proposed services to the request for proposal requirements;
11(iii) quality of products or materials proposed; (iv) quality
12of design parameters; (v) design concepts; (vi) innovation in
13meeting the scope and performance criteria; and (vii)
14constructability of the proposed project. The county may
15include any additional relevant technical evaluation factors
16it deems necessary for proper selection.
17    The county shall include the following criteria in every
18Phase II cost evaluation: the total project cost, the
19construction costs, and the time of completion. The county may
20include any additional relevant technical evaluation factors
21it deems necessary for proper selection. The total project
22cost criteria weighing factor shall not exceed 30%.
23    The county shall directly employ or retain a licensed
24design professional or a public art designer to evaluate the
25technical and cost submissions to determine if the technical
26submissions are in accordance with generally accepted industry



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1standards. Upon completion of the technical submissions and
2cost submissions evaluation, the county may award the
3design-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
6overall cost of the project is estimated to be less than
7$12,000,000, the county may combine the two-phase procedure
8for selection described in Section 5-45025 into one combined
9step, provided that all the requirements of evaluation are
10performed in accordance with Section 5-45025.
11    (55 ILCS 5/5-45035 new)
12    Sec. 5-45035. Submission of proposals. Proposals must be
13properly identified and sealed. Proposals may not be reviewed
14until after the deadline for submission has passed as set
15forth in the request for proposals.
16    Proposals shall include a bid bond in the form and
17security as designated in the request for proposals. Proposals
18shall also contain a separate sealed envelope with the cost
19information within the overall proposal submission. Proposals
20shall include a list of all design professionals, public art
21designers, and other entities to which any work may be
22subcontracted during the performance of the contract.
23    Proposals must meet all material requirements of the
24request for proposal or they may be rejected as



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1non-responsive. The county shall have the right to reject any
2and all proposals.
3    The drawings and specifications of the proposal may remain
4the property of the design-build entity.
5    The county shall review the proposals for compliance with
6the performance criteria and evaluation factors.
7    Proposals may be withdrawn prior to evaluation for any
8cause. After evaluation begins by the county, clear and
9convincing 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
12contract to the highest overall ranked design-build entity.
13Notice of award shall be made in writing. Unsuccessful
14design-build entities shall also be notified in writing. The
15county may not request a best and final offer after the receipt
16of proposals of all qualified design-build entities. The
17county may negotiate with the selected design-build entity
18after award but prior to contract execution for the purpose of
19securing better terms than originally proposed, provided that
20the salient features of the request for proposal are not
22    A design-build entity and associated design professionals
23shall conduct themselves in accordance with the relevant laws
24of this State and the related provisions of the Illinois
25Administrative Code.



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1    (55 ILCS 5/5-45045 new)
2    Sec. 5-45045. Reports and evaluation. At the end of every
36-month period following the contract award, and again prior
4to final contract payout and closure, a selected design-build
5entity shall detail, in a written report submitted to the
6county, its efforts and success in implementing the entity's
7plan to comply with the utilization goals for business
8enterprises established in the Business Enterprise for
9Minorities, Women, and Persons with Disabilities Act and the
10provisions of Section 2-105 of the Illinois Human Rights Act.
11    (55 ILCS 5/5-45047 new)
12    Sec. 5-45047. Exception. Nothing in this Division shall
13prevent a county from using a qualification-based selection
14process for design professionals or construction managers for
15design-build projects.
16    (55 ILCS 5/5-45050 new)
17    Sec. 5-45050. Severability. The provisions of this
18Division are severable under Section 1.31 of the Statute on
20    Section 999. Effective date. This Act takes effect January
211, 2023.