Full Text of SB1775 097th General Assembly
SB1775 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1775 Introduced 2/9/2011, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED: |
| 70 ILCS 2605/70 new | | 70 ILCS 2605/71 new | | 70 ILCS 2605/72 new | | 70 ILCS 2605/73 new | | 70 ILCS 2605/74 new | | 70 ILCS 2605/75 new | | 70 ILCS 2605/76 new | | 70 ILCS 2605/77 new | |
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Amends the Metropolitan Water Reclamation District Act. Authorizes the Metropolitan Water Reclamation District to enter into "design-build" contracts. Defines "design-build". Specifies the solicitation process for design-build proposals. Sets forth the requirements for the award of design-build contracts. Provides that the Metropolitan Water Reclamation District must use a 2-phase procedure for the selection of the successful design-build entity for projects where the budgeted construction cost is over $12,000,000.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | SB1775 | | LRB097 07025 RLJ 47118 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Metropolitan Water Reclamation District Act | 5 | | is amended by adding Sections 70, 71, 72, 73, 74, 75, 76, and | 6 | | 77 as follows: | 7 | | (70 ILCS 2605/70 new) | 8 | | Sec. 70. Definitions. For the purposes of Sections 70 | 9 | | through 77, the following terms shall have the following | 10 | | meanings, unless the context requires a different meaning: | 11 | | "Delivery system" means the design and construction | 12 | | approach used to develop and construct a project. | 13 | | "Design-bid-build" means the traditional delivery system | 14 | | used on public projects that incorporates the Local Government | 15 | | Professional Services Selection Act and the principles of | 16 | | competitive selection. | 17 | | "Design-build" means a delivery system that provides | 18 | | responsibility within a single contract for the furnishing of | 19 | | architecture, engineering, land surveying, and related | 20 | | services as required, and the labor, materials, equipment, and | 21 | | other construction services for the project. Furthermore, it | 22 | | means a version of design-build, sometimes referred to as | 23 | | "Bridged Design-Build", in which substantial design work is |
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| 1 | | completed before a Guaranteed Maximum Price is established to | 2 | | complete the design and perform the construction. | 3 | | "Design-build contract" means a contract for a public | 4 | | project under this Act between the Metropolitan Water | 5 | | Reclamation District and a design-build entity to furnish | 6 | | architecture, engineering, land surveying, landscape | 7 | | architecture, and related services as required, and to furnish | 8 | | the labor, materials, equipment, and other construction | 9 | | services for the project. The design-build contract may be | 10 | | conditioned upon subsequent refinements in scope and price and | 11 | | may allow the Metropolitan Water Reclamation District to make | 12 | | modifications in the project scope without invalidating the | 13 | | design-build contract. | 14 | | "Design-build entity" means any type of organization | 15 | | recognized to do business under the laws of the State of | 16 | | Illinois that is registered in good standing with the Secretary | 17 | | of State or a joint venture whose members are all entity's | 18 | | registered in good standing to do business in the State of | 19 | | Illinois. The organization must: | 20 | | (i) be registered, or have a member firm of the joint | 21 | | venture registered, under the Illinois Administrative | 22 | | Code, as referenced by the licensed design professionals | 23 | | Acts of this State, to perform design services for the | 24 | | design-build project; and | 25 | | (ii) be capable of project management, direct | 26 | | supervision of construction operations, and |
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| 1 | | self-performance of a major portion of the construction | 2 | | work. | 3 | | "Design professional" means any individual, sole | 4 | | proprietorship, firm, partnership, joint venture, corporation, | 5 | | professional corporation, or other entity that offers services | 6 | | under the Illinois Architecture Practice Act of 1989, the | 7 | | Professional Engineering Practice Act of 1989, the Structural | 8 | | Engineering Practice Act of 1989, or the Illinois Professional | 9 | | Land Surveyor Act of 1989. | 10 | | "Evaluation criteria" means the requirements for the | 11 | | separate phases of the selection process for design-build | 12 | | proposals as defined in this Act and may include the | 13 | | specialized experience, technical qualifications and | 14 | | competence, capacity to perform, past performance, experience | 15 | | with similar projects, assignment of personnel to the project, | 16 | | and other appropriate factors. The GMP may not be used as the | 17 | | sole factor in the evaluation of proposals. | 18 | | "Guaranteed Maximum Price (GMP)" means a form of contract | 19 | | in which compensation may vary according to the scope of work | 20 | | involved but in any case may not exceed an agreed total amount | 21 | | to both complete technical design for and to actually construct | 22 | | a project. | 23 | | "Landscape architect design professional" means any | 24 | | person, sole proprietorship, or entity including, but not | 25 | | limited to, a partnership, professional service corporation, | 26 | | or corporation that offers services under the Illinois |
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| 1 | | Landscape Architecture Act of 1989. | 2 | | "Proposal" means the offer to enter into a design-build | 3 | | contract as submitted by a design-build entity in accordance | 4 | | with this Act. | 5 | | "Request for Proposal (RFP)" means the document used by the | 6 | | Metropolitan Water Reclamation District to solicit proposals | 7 | | for a design-build contract. | 8 | | "Scope and performance criteria" means the requirements | 9 | | for the public project, including, but not limited to: | 10 | | Metropolitan Water Reclamation District standard design | 11 | | specifications, drawings, and criteria; the intended usage, | 12 | | capacity, size, scope, quality, and performance standards; | 13 | | life cycle costs and other programmatic criteria; and | 14 | | quantifiable specifications and drawings developed to the | 15 | | point that a design-build entity will develop a proposal to | 16 | | complete the design, produce final construction documents, and | 17 | | construct the project for a GMP. | 18 | | (70 ILCS 2605/71 new) | 19 | | Sec. 71. Authorization for design-build; advertisement. | 20 | | (a) The Metropolitan Water Reclamation District shall have | 21 | | the power to enter into design-build contracts to complete | 22 | | design and construction of public works. In addition to the | 23 | | requirements set forth in the Purchasing Act for the | 24 | | Metropolitan Sanitary District of Greater Chicago, the | 25 | | Metropolitan Water Reclamation District shall advertise a |
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| 1 | | design-build solicitation at least once in a daily newspaper of | 2 | | general circulation within Cook County and on its own official | 3 | | Internet website or in an electronic plan room for public | 4 | | projects. | 5 | | (b) The Metropolitan Water Reclamation District may reject | 6 | | any and all bids and proposals received and may readvertise for | 7 | | bids or issue a new request for design-build proposals. | 8 | | (70 ILCS 2605/72 new) | 9 | | Sec. 72. Solicitation of design-build proposals. | 10 | | (a) When the Metropolitan Water Reclamation District | 11 | | elects to use the design-build delivery method, it must issue a | 12 | | notice of intent to receive proposals for the project at least | 13 | | 14 days before issuing the request for the proposal. The | 14 | | Metropolitan Water Reclamation District shall publish notice | 15 | | of the request for the design-build proposal in a newspaper of | 16 | | general circulation within Cook County. The Metropolitan Water | 17 | | Reclamation District shall, if possible, post plans and | 18 | | specifications in a related construction industry service. A | 19 | | brief description of the proposed procurement must be included | 20 | | in the notice. | 21 | | (b) The request for proposal shall be prepared for each | 22 | | project and must contain, without limitation, the following | 23 | | information: | 24 | | (1) A preliminary schedule for the completion of the
| 25 | | contract. |
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| 1 | | (2) The proposed budget for the project, the source
of | 2 | | funds, and the funds available at the time the request for | 3 | | proposal is submitted. | 4 | | (3) The developed design plans and specifications to be | 5 | | completed under the GMP. | 6 | | (4) Prequalification criteria for design-build
| 7 | | entities wishing to submit proposals. The Metropolitan | 8 | | Water Reclamation District shall include, at a minimum, its | 9 | | normal prequalification, licensing, registration, and | 10 | | other requirements, but nothing contained in this Section | 11 | | precludes the use of additional prequalification criteria | 12 | | by the Metropolitan Water Reclamation District. | 13 | | (5) Material requirements of the contract, including,
| 14 | | but not limited to, the proposed terms and conditions, | 15 | | required performance and payment bonds, and insurance. | 16 | | (6) The performance criteria. | 17 | | (7) The evaluation criteria for the
solicitation. | 18 | | (8) The list of items intended to be considered
for the | 19 | | technical and cost evaluation phase. | 20 | | (c) The Metropolitan Water Reclamation District may | 21 | | include any other relevant information that it chooses to | 22 | | supply. The design-build entity shall be entitled to rely upon | 23 | | the accuracy of this documentation in the development of its | 24 | | proposal. | 25 | | (d) The date that proposals are due must be at least 21 | 26 | | calendar days after the date of the issuance of the request for |
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| 1 | | proposal. In the event the construction portion of the cost of | 2 | | the project is estimated to exceed $12,000,000, then the | 3 | | proposal due date must be at least 28 calendar days after the | 4 | | date of the issuance of the request for proposal. The | 5 | | Metropolitan Water Reclamation District shall include in the | 6 | | request for proposal a minimum of 21 days to develop the Phase | 7 | | II submissions for those entities shortlisted in the Phase I | 8 | | evaluation. | 9 | | (70 ILCS 2605/73 new) | 10 | | Sec. 73. Development of design-build scope and performance | 11 | | criteria when a Guaranteed Maximum Price proposal is sought. | 12 | | (a) The Metropolitan Water Reclamation District shall | 13 | | develop the scope and performance criteria in sufficient | 14 | | detail. The scope and performance criteria must contain | 15 | | adequate information to reasonably apprise the qualified | 16 | | design-build entities of the District's original programmatic | 17 | | needs and goals, plus budget parameters, schedule, and delivery | 18 | | requirements for completion of the design and construction. | 19 | | (b) Each request for proposal shall also include a | 20 | | developed design to be provided in the proposals. This | 21 | | description must include the scope, drawings, and | 22 | | specifications by the Metropolitan Water Reclamation District | 23 | | that form the basis of the full design to be completed by the | 24 | | design-build entities. | 25 | | (c) The scope and performance criteria shall be prepared by |
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| 1 | | the Metropolitan Water Reclamation District, directly by its | 2 | | staff or by a contract with an independent design professional | 3 | | selected under the Local Government Professional Services | 4 | | Selection Act to provide these services. | 5 | | (d) An individual or corporate design professional or | 6 | | landscape architect design professional that prepares the | 7 | | scope and performance criteria is prohibited from | 8 | | participating in any design-build entity proposal for the | 9 | | project. | 10 | | (70 ILCS 2605/74 new) | 11 | | Sec. 74. Procedures for design-build selection. | 12 | | (a) The Metropolitan Water Reclamation District must use a | 13 | | 2-phase procedure for the selection of the successful | 14 | | design-build entity for projects where the budgeted | 15 | | construction cost is over $12,000,000. Phase I of the procedure | 16 | | will evaluate and shortlist the design-build entities based on | 17 | | best qualifications to design and build the specific project, | 18 | | and Phase II will evaluate the technical and cost proposals for | 19 | | design and construction. Evaluation of Phases I and II will be | 20 | | by a panel of 3 to 5 Metropolitan Water Reclamation District | 21 | | employees who are registered design professionals. | 22 | | (b) The Metropolitan Water Reclamation District shall | 23 | | include in the request for proposal the evaluating factors to | 24 | | be used in Phase I. These factors are in addition to any | 25 | | prequalification requirements of design-build entities that |
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| 1 | | the Metropolitan Water Reclamation District has set forth.
The | 2 | | Metropolitan Water Reclamation District shall include the | 3 | | following criteria in every Phase I evaluation of design-build | 4 | | entities: | 5 | | (1) experience of key design and construction | 6 | | personnel; | 7 | | (2) successful experience with similar project types; | 8 | | (3) financial capability; | 9 | | (4) timeliness of past performance; | 10 | | (5) experience with similarly sized projects; | 11 | | (6) work history on Metropolitan Water Reclamation | 12 | | District projects; | 13 | | (7) commitment to assign personnel for the duration of | 14 | | the project; | 15 | | (8) qualifications of the entity's consultants and | 16 | | subcontractors; and | 17 | | (9) ability or past performance in meeting the | 18 | | utilization goals for minority and women business | 19 | | enterprises established by Appendix D of the Metropolitan | 20 | | Water Reclamation District Affirmative Action Ordinance | 21 | | and in complying with Section 2-105 of the Illinois Human | 22 | | Rights Act. | 23 | | The Metropolitan Water Reclamation District may include any | 24 | | additional relevant criteria in Phase I that it deems necessary | 25 | | for a proper qualification review. | 26 | | The Metropolitan Water Reclamation District may not |
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| 1 | | consider any design-build entity for evaluation or award if the | 2 | | entity has any pecuniary interest in the project or has other | 3 | | relationships or circumstances, including but not limited to, a | 4 | | long-term leasehold, mutual performance, or development | 5 | | contract with the Metropolitan Water Reclamation District, | 6 | | that may give the design-build entity a financial or tangible | 7 | | advantage over other design-build entities in the preparation, | 8 | | evaluation, or performance of the design-build contract or that | 9 | | creates the appearance of impropriety. | 10 | | Upon completion of the Phase I qualifications evaluation, | 11 | | the Metropolitan Water Reclamation District shall create a | 12 | | shortlist of the most highly qualified design-build entities. | 13 | | The Metropolitan Water Reclamation District, in its | 14 | | discretion, is not required to shortlist the maximum number of | 15 | | entities as identified for Phase II evaluation, except that no | 16 | | less than 2 design-build entities nor more than 4 design-build | 17 | | entities are selected to submit Phase II proposals. | 18 | | (c) The Metropolitan Water Reclamation District shall | 19 | | notify the entities selected for the shortlist in writing. This | 20 | | notification shall commence the period for the preparation of | 21 | | Phase II in 2 separate sections, technical and cost | 22 | | evaluations. The Metropolitan Water Reclamation District must | 23 | | allow sufficient time for the shortlist entities to prepare | 24 | | their Phase II submittals considering the scope and detail | 25 | | requested by the Metropolitan Water Reclamation District. | 26 | | The Metropolitan Water Reclamation District shall include |
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| 1 | | in the shortlist notification the evaluating factors to be used | 2 | | in the technical and cost submission components of Phase II. | 3 | | The notice shall establish, for both the technical and cost | 4 | | submission components of Phase II, the relative importance | 5 | | assigned to each evaluation factor and subfactor, including any | 6 | | weighting of criteria to be employed by the evaluation panel. | 7 | | The Metropolitan Water Reclamation District must maintain a | 8 | | record of the evaluation scoring to be disclosed in the event | 9 | | of a protest regarding the solicitation. | 10 | | The Phase II technical proposal shall be sealed by the | 11 | | primary individual design professional in the design-build | 12 | | entity. The Metropolitan Water Reclamation District shall | 13 | | include the following criteria in every Phase II technical | 14 | | evaluation of design-build entities: | 15 | | (1) compliance with objectives of the project; | 16 | | (2) compliance of design services to fully complete the | 17 | | project design; | 18 | | (3) quality of products or materials proposed; | 19 | | (4) quality of separate technical disciplines required | 20 | | to complete the design; | 21 | | (5) innovative design concepts; | 22 | | (6) innovation in meeting the scope and performance | 23 | | criteria; | 24 | | (7) equipment spread required and manpower curve for | 25 | | construction of the project; and | 26 | | (8) constructability of the proposed project. |
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| 1 | | The Metropolitan Water Reclamation District may include | 2 | | any additional relevant technical evaluation factors it deems | 3 | | necessary for proper selection.
The Metropolitan Water | 4 | | Reclamation District shall include the following criteria in | 5 | | every Phase II cost evaluation: | 6 | | (1) guaranteed maximum project cost; | 7 | | (2) quality of the design cost proposal portion of the | 8 | | GMP; | 9 | | (3) quality of the construction cost proposal portion | 10 | | of the GMP; | 11 | | (4) estimated cash flow curve for the project; | 12 | | (5) unit rates for personnel and equipment for both | 13 | | design and construction change orders; and | 14 | | (6) time of completion. | 15 | | The Metropolitan Water Reclamation District may include any | 16 | | additional relevant technical evaluation factors it deems | 17 | | necessary for proper selection. The Metropolitan Water | 18 | | Reclamation District shall prepare an independent engineer's | 19 | | estimate for use in the overall evaluation of the GMP and to | 20 | | verify the reasonable value and balance in the sections of the | 21 | | GMP. The weighting between the technical and cost sections used | 22 | | in the evaluation of Phase II shall be the percentages of the | 23 | | design costs and of the construction costs as a portion of the | 24 | | total GMP, respectively. | 25 | | Upon completion of the technical submissions and cost | 26 | | submissions evaluation, the Metropolitan Water Reclamation |
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| 1 | | District may award the design-build contract to the highest | 2 | | overall ranked entity. | 3 | | (70 ILCS 2605/75 new) | 4 | | Sec. 75. Small design-build projects. In any case where the | 5 | | total overall construction cost of the project is estimated to | 6 | | be less than $12,000,000, the Metropolitan Water Reclamation | 7 | | District may combine the 2-phase procedure for design-build | 8 | | selection described in Section 74 into one combined step, | 9 | | provided that all the requirements of evaluation are performed. | 10 | | (70 ILCS 2605/76 new) | 11 | | Sec. 76. Submission of design-build proposals. | 12 | | Design-build proposals must be properly identified and | 13 | | physically sealed when submitted to the Metropolitan Water | 14 | | Reclamation District. Proposals may not be reviewed until after | 15 | | the deadline for submission has passed as set forth in the | 16 | | request for proposals. All design-build entities submitting | 17 | | proposals shall be disclosed after the deadline for submission, | 18 | | and all design-build entities who are selected for Phase II | 19 | | evaluation shall also be disclosed at the time of that | 20 | | determination. | 21 | | Phase II design-build proposals shall include a bid bond in | 22 | | the form and security as designated in the request for | 23 | | proposals. | 24 | | Proposals must meet all material requirements of the |
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| 1 | | request for proposal or they may be rejected as non-responsive. | 2 | | The Metropolitan Water Reclamation District shall have the | 3 | | right to reject any proposal. | 4 | | The drawings and specifications of any unsuccessful | 5 | | design-build proposal shall remain the property of the | 6 | | design-build entity and are not subject to disclosure under the | 7 | | Illinois Freedom of Information Act nor retention under the | 8 | | Local Records Act as proprietary information. The Metropolitan | 9 | | Water Reclamation District shall hold unsuccessful | 10 | | design-build submittals for 30 days after the contract signing | 11 | | or decision not to proceed with the project in order for | 12 | | unsuccessful entities to retrieve the submittals. The drawings | 13 | | and specifications of the successful design-build proposal | 14 | | shall become the property of the Metropolitan Water Reclamation | 15 | | District upon signing the design-build contract. | 16 | | The Metropolitan Water Reclamation District shall review | 17 | | the proposals for compliance with the performance criteria and | 18 | | evaluation factors. | 19 | | Proposals may be withdrawn before the due date and time for | 20 | | submissions for any cause. After evaluation begins by the | 21 | | Metropolitan Water Reclamation District, clear and convincing | 22 | | evidence of error is required for withdrawal of a proposal. | 23 | | (70 ILCS 2605/77 new) | 24 | | Sec. 77. Design-build award. The Metropolitan Water | 25 | | Reclamation District may notify the highest overall ranked |
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| 1 | | entity of the intent to award it the design-build contract. | 2 | | Notice of intent to award shall be made in writing. The | 3 | | Metropolitan Water Reclamation District may then negotiate | 4 | | with the selected design-build entity prior to contract | 5 | | execution for the purpose of clarifying or securing better | 6 | | terms than originally proposed, provided that the salient | 7 | | features of the request for proposal are not diminished. When | 8 | | negotiations are complete, then the design-build contract can | 9 | | be awarded and signed. In the event that matters of importance | 10 | | in the negotiations are not resolved, the Metropolitan Water | 11 | | Reclamation District may withdrawal the intent to award and | 12 | | notify the next-ranked design-build entity of the intent to | 13 | | award it the contract. Unsuccessful entities must be notified | 14 | | in writing after the contract is signed or when a definitive | 15 | | decision is made not to proceed with the design-build contract.
| 16 | | Section 97. Severability. The provisions of this Act are | 17 | | severable under Section 1.31 of the Statute on Statutes.
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