Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1570 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0491
2	1		SB1570 EnrolledLRB103 05684 AWJ 50703 b SB1570 Enrolled LRB103 05684 AWJ 50703 b
3	2		SB1570 Enrolled LRB103 05684 AWJ 50703 b
4		-	AN ACT concerning local government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Municipal Code is amended by
8		-	adding Division 39.2 to Article 11 as follows:
9		-	(65 ILCS 5/Art. 11 Div. 39.2 heading)
10		-	DIVISION 39.2. MUNICIPAL DESIGN-BUILD CONTRACTS
11		-	(65 ILCS 5/11-39.2-1 new)
12		-	Sec. 11-39.2-1. Short title. This Division may be cited as
13		-	the Municipal Design-Build Authorization Act.
14		-	(65 ILCS 5/11-39.2-5 new)
15		-	Sec. 11-39.2-5. Purpose. The purpose of this Division is
16		-	to authorize municipalities to use design-build processes to
17		-	increase the efficiency and effectiveness of delivering public
18		-	projects.
19		-	(65 ILCS 5/11-39.2-10 new)
20		-	Sec. 11-39.2-10. Definitions. As used in this Division:
21		-	"Delivery system" means the design and construction
22		-	approach used to develop and construct a project.
23		-	"Design-bid-build" means the traditional delivery system
	3	+	1 AN ACT concerning local government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Municipal Code is amended by
	7	+	5 adding Division 39.2 to Article 11 as follows:
	8	+	6 (65 ILCS 5/Art. 11 Div. 39.2 heading)
	9	+	7 DIVISION 39.2. MUNICIPAL DESIGN-BUILD CONTRACTS
	10	+	8 (65 ILCS 5/11-39.2-1 new)
	11	+	9 Sec. 11-39.2-1. Short title. This Division may be cited as
	12	+	10 the Municipal Design-Build Authorization Act.
	13	+	11 (65 ILCS 5/11-39.2-5 new)
	14	+	12 Sec. 11-39.2-5. Purpose. The purpose of this Division is
	15	+	13 to authorize municipalities to use design-build processes to
	16	+	14 increase the efficiency and effectiveness of delivering public
	17	+	15 projects.
	18	+	16 (65 ILCS 5/11-39.2-10 new)
	19	+	17 Sec. 11-39.2-10. Definitions. As used in this Division:
	20	+	18 "Delivery system" means the design and construction
	21	+	19 approach used to develop and construct a project.
	22	+	20 "Design-bid-build" means the traditional delivery system
24	23
25	24
26	25
27	26		SB1570 Enrolled LRB103 05684 AWJ 50703 b
28	27
29	28
30		-	used on public projects that incorporates the competitive
31		-	bidding process set forth in this Code.
32		-	"Design-build" means a delivery system that provides
33		-	responsibility within a single contract for the furnishing of
34		-	architecture, engineering, land surveying, and related
35		-	services, as required, and the labor, materials, equipment,
36		-	and other construction services for the project.
37		-	"Design-build contract" means a contract for a public
38		-	project under this Division between a municipality and a
39		-	design-build entity to furnish: architecture, engineering,
40		-	land surveying, public art or interpretive exhibits, and
41		-	related services, as required, and the labor, materials,
42		-	equipment, and other construction services for the project.
43		-	"Design-build entity" means an individual, sole
44		-	proprietorship, firm, partnership, joint venture, corporation,
45		-	professional corporation, or other entity that proposes to
46		-	design and construct any public project under this Division.
47		-	"Design professional" means an individual, sole
48		-	proprietorship, firm, partnership, joint venture, corporation,
49		-	professional corporation, or other entity that offers services
50		-	under the Illinois Architecture Practice Act of 1989, the
51		-	Professional Engineering Practice Act of 1989, the Structural
52		-	Engineering Practice Act of 1989, or the Illinois Professional
53		-	Land Surveyor Act of 1989.
54		-	"Evaluation criteria" means the requirements for the
55		-	separate phases of the selection process as defined in this
	29	+	SB1570 Enrolled- 2 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 2 - LRB103 05684 AWJ 50703 b
	30	+	SB1570 Enrolled - 2 - LRB103 05684 AWJ 50703 b
	31	+	1 used on public projects that incorporates the competitive
	32	+	2 bidding process set forth in this Code.
	33	+	3 "Design-build" means a delivery system that provides
	34	+	4 responsibility within a single contract for the furnishing of
	35	+	5 architecture, engineering, land surveying, and related
	36	+	6 services, as required, and the labor, materials, equipment,
	37	+	7 and other construction services for the project.
	38	+	8 "Design-build contract" means a contract for a public
	39	+	9 project under this Division between a municipality and a
	40	+	10 design-build entity to furnish: architecture, engineering,
	41	+	11 land surveying, public art or interpretive exhibits, and
	42	+	12 related services, as required, and the labor, materials,
	43	+	13 equipment, and other construction services for the project.
	44	+	14 "Design-build entity" means an individual, sole
	45	+	15 proprietorship, firm, partnership, joint venture, corporation,
	46	+	16 professional corporation, or other entity that proposes to
	47	+	17 design and construct any public project under this Division.
	48	+	18 "Design professional" means an individual, sole
	49	+	19 proprietorship, firm, partnership, joint venture, corporation,
	50	+	20 professional corporation, or other entity that offers services
	51	+	21 under the Illinois Architecture Practice Act of 1989, the
	52	+	22 Professional Engineering Practice Act of 1989, the Structural
	53	+	23 Engineering Practice Act of 1989, or the Illinois Professional
	54	+	24 Land Surveyor Act of 1989.
	55	+	25 "Evaluation criteria" means the requirements for the
	56	+	26 separate phases of the selection process as defined in this
56	57
57	58
58		-	Division and may include the specialized experience, technical
59		-	qualifications and competence, capacity to perform, past
60		-	performance, experience with similar projects, assignment of
61		-	personnel to the project, and other appropriate factors.
62		-	"Proposal" means the offer to enter into a design-build
63		-	contract as submitted by a design-build entity in accordance
64		-	with this Division.
65		-	"Public art designer" means an individual, sole
66		-	proprietorship, firm, partnership, joint venture, corporation,
67		-	professional corporation, or other entity that has
68		-	demonstrated experience with the design and fabrication of
69		-	public art, including any media that has been planned and
70		-	executed with the intention of being staged in the physical
71		-	public domain outside and accessible to all or any art which is
72		-	exhibited in a public space, including publicly accessible
73		-	buildings, or interpretive exhibits, including communication
74		-	media that is designed to engage, excite, inform, relate, or
75		-	reveal the intrinsic nature or indispensable quality of a
76		-	topic or story being presented.
77		-	"Request for proposal" means the document used by the
78		-	municipality to solicit proposals for a design-build contract.
79		-	"Scope and performance criteria" means the requirements
80		-	for the public project, such as the intended usage, capacity,
81		-	size, scope, quality and performance standards, life-cycle
82		-	costs, and other programmatic criteria that are expressed in
83		-	performance-oriented and quantifiable specifications and
84	59
85	60
86		-	drawings that can be reasonably inferred and are suited to
87		-	allow a design-build entity to develop a proposal.
88		-	(65 ILCS 5/11-39.2-15 new)
89		-	Sec. 11-39.2-15. Solicitation of proposals.
90		-	(a) A municipality may enter into design-build contracts.
91		-	In addition to the requirements set forth in its local
92		-	ordinances, when the municipality elects to use the
93		-	design-build delivery method, it must issue a notice of intent
94		-	to receive proposals for the project at least 14 days before
95		-	issuing the request for the proposal. The municipality must
96		-	publish the advance notice in the manner prescribed by
97		-	ordinance, which must include posting the advance notice
98		-	online on its website. The municipality may publish the notice
99		-	in construction industry publications or post the notice on
100		-	construction industry websites. A brief description of the
101		-	proposed procurement must be included in the notice. The
102		-	municipality must provide a copy of the request for proposal
103		-	to any party requesting a copy.
104		-	(b) The request for proposal must be prepared for each
105		-	project and must contain, without limitation, the following
106		-	information:
107		-	(1) The name of the municipality.
108		-	(2) A preliminary schedule for the completion of the
109		-	contract.
110		-	(3) The proposed budget for the project, the source of
	61	+
	62	+	SB1570 Enrolled - 2 - LRB103 05684 AWJ 50703 b
111	63
112	64
113		-	funds, and the currently available funds at the time the
114		-	request for proposal is submitted.
115		-	(4) Prequalification criteria for design-build
116		-	entities wishing to submit proposals. The municipality
117		-	must include, at a minimum, its normal qualifications,
118		-	licensing, registration, and other requirements; however,
119		-	nothing precludes the use of additional prequalification
120		-	criteria by the municipality.
121		-	(5) Material requirements of the contract, such as the
122		-	proposed terms and conditions, required performance and
123		-	payment bonds, insurance, and the entity's plan to comply
124		-	with the utilization goals for business enterprises
125		-	established in the Business Enterprise for Minorities,
126		-	Women, and Persons with Disabilities Act and with Section
127		-	2-105 of the Illinois Human Rights Act.
128		-	(6) The performance criteria.
129		-	(7) The evaluation criteria for each phase of the
130		-	solicitation. Price may not be used as a factor in the
131		-	evaluation of Phase I proposals.
132		-	(8) The number of entities that will be considered for
133		-	the technical and cost evaluation phase.
134		-	(c) The municipality may include any other relevant
135		-	information that it chooses to supply. The design-build entity
136		-	may rely upon the accuracy of this documentation in the
137		-	development of its proposal.
138		-	(d) The date that proposals are due must be at least 21
	65	+	SB1570 Enrolled- 3 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 3 - LRB103 05684 AWJ 50703 b
	66	+	SB1570 Enrolled - 3 - LRB103 05684 AWJ 50703 b
	67	+	1 Division and may include the specialized experience, technical
	68	+	2 qualifications and competence, capacity to perform, past
	69	+	3 performance, experience with similar projects, assignment of
	70	+	4 personnel to the project, and other appropriate factors.
	71	+	5 "Proposal" means the offer to enter into a design-build
	72	+	6 contract as submitted by a design-build entity in accordance
	73	+	7 with this Division.
	74	+	8 "Public art designer" means an individual, sole
	75	+	9 proprietorship, firm, partnership, joint venture, corporation,
	76	+	10 professional corporation, or other entity that has
	77	+	11 demonstrated experience with the design and fabrication of
	78	+	12 public art, including any media that has been planned and
	79	+	13 executed with the intention of being staged in the physical
	80	+	14 public domain outside and accessible to all or any art which is
	81	+	15 exhibited in a public space, including publicly accessible
	82	+	16 buildings, or interpretive exhibits, including communication
	83	+	17 media that is designed to engage, excite, inform, relate, or
	84	+	18 reveal the intrinsic nature or indispensable quality of a
	85	+	19 topic or story being presented.
	86	+	20 "Request for proposal" means the document used by the
	87	+	21 municipality to solicit proposals for a design-build contract.
	88	+	22 "Scope and performance criteria" means the requirements
	89	+	23 for the public project, such as the intended usage, capacity,
	90	+	24 size, scope, quality and performance standards, life-cycle
	91	+	25 costs, and other programmatic criteria that are expressed in
	92	+	26 performance-oriented and quantifiable specifications and
139	93
140	94
141		-	calendar days after the date of the issuance of the request for
142		-	proposal. If the cost of the project is estimated to exceed
143		-	$12,000,000, then the proposal due date must be at least 28
144		-	calendar days after the date of the issuance of the request for
145		-	proposal. The municipality must include in the request for
146		-	proposal a minimum of 30 days to develop the Phase II
147		-	submissions after the selection of entities from the Phase I
148		-	evaluation is completed.
149		-	(65 ILCS 5/11-39.2-20 new)
150		-	Sec. 11-39.2-20. Development of scope and performance
151		-	criteria.
152		-	(a) The municipality must develop, with the assistance of
153		-	a licensed design professional or public art designer, a
154		-	request for proposal, which must include scope and performance
155		-	criteria. The scope and performance criteria must be in
156		-	sufficient detail and contain adequate information to
157		-	reasonably apprise the qualified design-build entities of the
158		-	municipality's overall programmatic needs and goals, including
159		-	criteria and preliminary design plans, general budget
160		-	parameters, schedule, and delivery requirements.
161		-	(b) Each request for proposal must also include a
162		-	description of the level of design to be provided in the
163		-	proposals. This description must include the scope and type of
164		-	renderings, drawings, and specifications that, at a minimum,
165		-	will be required by the municipality to be produced by the
166	95
167	96
168		-	design-build entities.
169		-	(c) The scope and performance criteria must be prepared by
170		-	a design professional or public art designer who is an
171		-	employee of the municipality, or the municipality may contract
172		-	with an independent design professional or public art designer
173		-	selected under the Local Government Professional Services
174		-	Selection Act to provide these services.
175		-	(d) The design professional or public art designer that
176		-	prepares the scope and performance criteria is prohibited from
177		-	participating in any design-build entity proposal for the
178		-	project.
179		-	(e) The design-build contract may be conditioned upon
180		-	subsequent refinements in scope and price and may allow the
181		-	municipality to make modifications in the project scope
182		-	without invalidating the design-build contract.
183		-	(65 ILCS 5/11-39.2-25 new)
184		-	Sec. 11-39.2-25. Procedures for Selection.
185		-	(a) The municipality must use a two-phase procedure for
186		-	the selection of the successful design-build entity. Phase I
187		-	of the procedure will evaluate and shortlist the design-build
188		-	entities based on qualifications, and Phase II will evaluate
189		-	the technical and cost proposals.
190		-	(b) The municipality must include in the request for
191		-	proposal the evaluating factors to be used in Phase I. These
192		-	factors are in addition to any prequalification requirements
	97	+
	98	+	SB1570 Enrolled - 3 - LRB103 05684 AWJ 50703 b
193	99
194	100
195		-	of design-build entities that the municipality has set forth.
196		-	Each request for proposal must establish the relative
197		-	importance assigned to each evaluation factor and subfactor,
198		-	including any weighting of criteria to be employed by the
199		-	municipality. The municipality must maintain a record of the
200		-	evaluation scoring to be disclosed in event of a protest
201		-	regarding the solicitation.
202		-	The municipality must include the following criteria in
203		-	every Phase I evaluation of design-build entities: (i)
204		-	experience of personnel; (ii) successful experience with
205		-	similar project types; (iii) financial capability; (iv)
206		-	timeliness of past performance; (v) experience with similarly
207		-	sized projects; (vi) successful reference checks of the firm;
208		-	(vii) commitment to assign personnel for the duration of the
209		-	project and qualifications of the entity's consultants; and
210		-	(viii) ability or past performance in meeting or exhausting
211		-	good faith efforts to meet the utilization goals for business
212		-	enterprises established in the Business Enterprise for
213		-	Minorities, Women, and Persons with Disabilities Act and with
214		-	Section 2-105 of the Illinois Human Rights Act. The
215		-	municipality may include any additional, relevant criteria in
216		-	Phase I that it deems necessary for a proper qualification
217		-	review.
218		-	The municipality may not consider any design-build entity
219		-	for evaluation or award if the entity has any pecuniary
220		-	interest in the project or has other relationships or
	101	+	SB1570 Enrolled- 4 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 4 - LRB103 05684 AWJ 50703 b
	102	+	SB1570 Enrolled - 4 - LRB103 05684 AWJ 50703 b
	103	+	1 drawings that can be reasonably inferred and are suited to
	104	+	2 allow a design-build entity to develop a proposal.
	105	+	3 (65 ILCS 5/11-39.2-15 new)
	106	+	4 Sec. 11-39.2-15. Solicitation of proposals.
	107	+	5 (a) A municipality may enter into design-build contracts.
	108	+	6 In addition to the requirements set forth in its local
	109	+	7 ordinances, when the municipality elects to use the
	110	+	8 design-build delivery method, it must issue a notice of intent
	111	+	9 to receive proposals for the project at least 14 days before
	112	+	10 issuing the request for the proposal. The municipality must
	113	+	11 publish the advance notice in the manner prescribed by
	114	+	12 ordinance, which must include posting the advance notice
	115	+	13 online on its website. The municipality may publish the notice
	116	+	14 in construction industry publications or post the notice on
	117	+	15 construction industry websites. A brief description of the
	118	+	16 proposed procurement must be included in the notice. The
	119	+	17 municipality must provide a copy of the request for proposal
	120	+	18 to any party requesting a copy.
	121	+	19 (b) The request for proposal must be prepared for each
	122	+	20 project and must contain, without limitation, the following
	123	+	21 information:
	124	+	22 (1) The name of the municipality.
	125	+	23 (2) A preliminary schedule for the completion of the
	126	+	24 contract.
	127	+	25 (3) The proposed budget for the project, the source of
221	128
222	129
223		-	circumstances, such as long-term leasehold, mutual
224		-	performance, or development contracts with the municipality,
225		-	that may give the design-build entity a financial or tangible
226		-	advantage over other design-build entities in the preparation,
227		-	evaluation, or performance of the design-build contract or
228		-	that create the appearance of impropriety. No proposal may be
229		-	considered that does not include an entity's plan to comply
230		-	with the requirements established in the Business Enterprise
231		-	for Minorities, Women, and Persons with Disabilities Act, for
232		-	both the design and construction areas of performance, and
233		-	with Section 2-105 of the Illinois Human Rights Act.
234		-	Upon completion of the qualification evaluation, the
235		-	municipality must create a shortlist of the most highly
236		-	qualified design-build entities. The municipality, in its
237		-	discretion, is not required to shortlist the maximum number of
238		-	entities as identified for Phase II evaluation if no less than
239		-	2 design-build entities nor more than 6 are selected to submit
240		-	Phase II proposals.
241		-	The municipality must notify the entities selected for the
242		-	shortlist in writing. This notification must commence the
243		-	period for the preparation of the Phase II technical and cost
244		-	evaluations. The municipality must allow sufficient time for
245		-	the shortlist entities to prepare their Phase II submittals
246		-	considering the scope and detail requested by the
247		-	municipality.
248		-	(c) The municipality must include in the request for
249	130
250	131
251		-	proposal the evaluating factors to be used in the technical
252		-	and cost submission components of Phase II. Each request for
253		-	proposal must establish, for both the technical and cost
254		-	submission components of Phase II, the relative importance
255		-	assigned to each evaluation factor and subfactor, including
256		-	any weighting of criteria to be employed by the municipality.
257		-	The municipality must maintain a record of the evaluation
258		-	scoring to be disclosed in event of a protest regarding the
259		-	solicitation.
260		-	The municipality must include the following criteria in
261		-	every Phase II technical evaluation of design-build entities:
262		-	(i) compliance with objectives of the project; (ii) compliance
263		-	of proposed services to the request for proposal requirements;
264		-	(iii) quality of products or materials proposed; (iv) quality
265		-	of design parameters; (v) design concepts; (vi) innovation in
266		-	meeting the scope and performance criteria; and (vii)
267		-	constructability of the proposed project. The municipality may
268		-	include any additional relevant technical evaluation factors
269		-	it deems necessary for proper selection.
270		-	The municipality must include the following criteria in
271		-	every Phase II cost evaluation: the total project cost, the
272		-	construction costs, and the time of completion. The
273		-	municipality may include any additional relevant technical
274		-	evaluation factors it deems necessary for proper selection.
275		-	The total project cost criteria weighting factor may not
276		-	exceed 30%.
	132	+
	133	+	SB1570 Enrolled - 4 - LRB103 05684 AWJ 50703 b
277	134
278	135
279		-	The municipality must directly employ or retain a licensed
280		-	design professional or a public art designer to evaluate the
281		-	technical and cost submissions to determine if the technical
282		-	submissions are in accordance with generally accepted industry
283		-	standards. Upon completion of the technical submissions and
284		-	cost submissions evaluation, the municipality may award the
285		-	design-build contract to the highest overall ranked entity.
286		-	(65 ILCS 5/11-39.2-30 new)
287		-	Sec. 11-39.2-30. Small projects. In any case where the
288		-	total overall cost of the project is estimated to be less than
289		-	$12,000,000, the municipality may combine the two-phase
290		-	procedure for selection described in Section 11-39.2-25 into
291		-	one combined step if all the requirements of evaluation are
292		-	performed in accordance with Section 11-39.2-25.
293		-	(65 ILCS 5/11-39.2-35 new)
294		-	Sec. 11-39.2-35. Submission of proposals. Proposals must
295		-	be properly identified and sealed. Proposals may not be
296		-	reviewed until after the deadline for submission has passed as
297		-	set forth in the request for proposals.
298		-	Proposals must include a bid bond in the form and security
299		-	as designated in the request for proposals. Proposals must
300		-	also contain a separate sealed envelope with the cost
301		-	information within the overall proposal submission. Proposals
302		-	must include a list of all design professionals, public art
	136	+	SB1570 Enrolled- 5 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 5 - LRB103 05684 AWJ 50703 b
	137	+	SB1570 Enrolled - 5 - LRB103 05684 AWJ 50703 b
	138	+	1 funds, and the currently available funds at the time the
	139	+	2 request for proposal is submitted.
	140	+	3 (4) Prequalification criteria for design-build
	141	+	4 entities wishing to submit proposals. The municipality
	142	+	5 must include, at a minimum, its normal qualifications,
	143	+	6 licensing, registration, and other requirements; however,
	144	+	7 nothing precludes the use of additional prequalification
	145	+	8 criteria by the municipality.
	146	+	9 (5) Material requirements of the contract, such as the
	147	+	10 proposed terms and conditions, required performance and
	148	+	11 payment bonds, insurance, and the entity's plan to comply
	149	+	12 with the utilization goals for business enterprises
	150	+	13 established in the Business Enterprise for Minorities,
	151	+	14 Women, and Persons with Disabilities Act and with Section
	152	+	15 2-105 of the Illinois Human Rights Act.
	153	+	16 (6) The performance criteria.
	154	+	17 (7) The evaluation criteria for each phase of the
	155	+	18 solicitation. Price may not be used as a factor in the
	156	+	19 evaluation of Phase I proposals.
	157	+	20 (8) The number of entities that will be considered for
	158	+	21 the technical and cost evaluation phase.
	159	+	22 (c) The municipality may include any other relevant
	160	+	23 information that it chooses to supply. The design-build entity
	161	+	24 may rely upon the accuracy of this documentation in the
	162	+	25 development of its proposal.
	163	+	26 (d) The date that proposals are due must be at least 21
303	164
304	165
305		-	designers, and other entities to which any work may be
306		-	subcontracted during the performance of the contract.
307		-	Proposals must meet all material requirements of the
308		-	request for proposal or they may be rejected as nonresponsive.
309		-	The municipality may reject any and all proposals.
310		-	The drawings and specifications of the proposal may remain
311		-	the property of the design-build entity.
312		-	The municipality must review the proposals for compliance
313		-	with the performance criteria and evaluation factors.
314		-	Proposals may be withdrawn prior to evaluation for any
315		-	cause. After evaluation begins by the municipality, clear and
316		-	convincing evidence of error is required for withdrawal.
317		-	After a response to a request for qualifications or a
318		-	request for proposal has been submitted as provided in this
319		-	Section, a design-build entity may not replace, remove, or
320		-	otherwise modify any firm identified as a member of the
321		-	proposer's team unless authorized to do so by the
322		-	municipality.
323		-	(65 ILCS 5/11-39.2-40 new)
324		-	Sec. 11-39.2-40. Award; performance. The municipality may
325		-	award the contract to the highest overall ranked design-build
326		-	entity. Notice of award must be made in writing. Unsuccessful
327		-	design-build entities must also be notified in writing. The
328		-	municipality may not request a best and final offer after the
329		-	receipt of proposals of all qualified design-build entities.
330	166
331	167
332		-	The municipality may negotiate with the selected design-build
333		-	entity after award, but prior to contract execution, for the
334		-	purpose of securing better terms than originally proposed if
335		-	the salient features of the request for proposal are not
336		-	diminished.
337		-	A design-build entity and associated design professionals
338		-	must conduct themselves in accordance with the relevant laws
339		-	of this State and the related provisions of the Illinois
340		-	Administrative Code.
341		-	(65 ILCS 5/11-39.2-45 new)
342		-	Sec. 11-39.2-45. Reports and evaluation. At the end of
343		-	every 6-month period following the contract award, and again
344		-	prior to final contract payout and closure, a selected
345		-	design-build entity must detail, in a written report submitted
346		-	to the municipality, its efforts and success in implementing
347		-	the entity's plan to comply with the utilization goals for
348		-	business enterprises established in the Business Enterprise
349		-	for Minorities, Women, and Persons with Disabilities Act and
350		-	the provisions of Section 2-105 of the Illinois Human Rights
351		-	Act.
352		-	(65 ILCS 5/11-39.2-50 new)
353		-	Sec. 11-39.2-50. Exception. Nothing in this Division
354		-	prevents a municipality from using a qualification-based
355		-	selection process for design professionals or construction
	168	+
	169	+	SB1570 Enrolled - 5 - LRB103 05684 AWJ 50703 b
356	170
357	171
358		-	managers for design-build projects.
359		-	(65 ILCS 5/11-39.2-55 new)
360		-	Sec. 11-39.2-55. Severability. The provisions of this
361		-	Division are severable under Section 1.31 of the Statute on
362		-	Statutes.
363		-	Section 10. The School Code is amended by adding Article
364		-	15A as follows:
365		-	(105 ILCS 5/Art. 15A heading new)
366		-	ARTICLE 15A. SCHOOL DESIGN-BUILD CONTRACTS
367		-	(105 ILCS 5/15A-1 new)
368		-	Sec. 15A-1. Short title. This Article may be cited as the
369		-	School Design-Build Authorization Law.
370		-	(105 ILCS 5/15A-5 new)
371		-	Sec. 15A-5. Purpose. The purpose of this Article is to
372		-	authorize school districts to use design-build processes to
373		-	increase the efficiency and effectiveness of delivering public
374		-	projects.
375		-	(105 ILCS 5/15A-10 new)
376		-	Sec. 15A-10. Definitions. As used in this Article:
377		-	"Delivery system" means the design and construction
	172	+	SB1570 Enrolled- 6 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 6 - LRB103 05684 AWJ 50703 b
	173	+	SB1570 Enrolled - 6 - LRB103 05684 AWJ 50703 b
	174	+	1 calendar days after the date of the issuance of the request for
	175	+	2 proposal. If the cost of the project is estimated to exceed
	176	+	3 $12,000,000, then the proposal due date must be at least 28
	177	+	4 calendar days after the date of the issuance of the request for
	178	+	5 proposal. The municipality must include in the request for
	179	+	6 proposal a minimum of 30 days to develop the Phase II
	180	+	7 submissions after the selection of entities from the Phase I
	181	+	8 evaluation is completed.
	182	+	9 (65 ILCS 5/11-39.2-20 new)
	183	+	10 Sec. 11-39.2-20. Development of scope and performance
	184	+	11 criteria.
	185	+	12 (a) The municipality must develop, with the assistance of
	186	+	13 a licensed design professional or public art designer, a
	187	+	14 request for proposal, which must include scope and performance
	188	+	15 criteria. The scope and performance criteria must be in
	189	+	16 sufficient detail and contain adequate information to
	190	+	17 reasonably apprise the qualified design-build entities of the
	191	+	18 municipality's overall programmatic needs and goals, including
	192	+	19 criteria and preliminary design plans, general budget
	193	+	20 parameters, schedule, and delivery requirements.
	194	+	21 (b) Each request for proposal must also include a
	195	+	22 description of the level of design to be provided in the
	196	+	23 proposals. This description must include the scope and type of
	197	+	24 renderings, drawings, and specifications that, at a minimum,
	198	+	25 will be required by the municipality to be produced by the
378	199
379	200
380		-	approach used to develop and construct a project.
381		-	"Design-build" means a delivery system that provides
382		-	responsibility within a single contract for the furnishing of
383		-	architecture, engineering, land surveying, and related
384		-	services, as required, and the labor, materials, equipment,
385		-	and other construction services for the project.
386		-	"Design-build contract" means a contract for a public
387		-	project under this Article between a school district and a
388		-	design-build entity to furnish: architecture, engineering,
389		-	land surveying, public art or interpretive exhibits, and
390		-	related services, as required, and the labor, materials,
391		-	equipment, and other construction services for the project.
392		-	"Design-build entity" means an individual, sole
393		-	proprietorship, firm, partnership, joint venture, corporation,
394		-	professional corporation, or other entity that proposes to
395		-	design and construct any public project under this Article.
396		-	"Design professional" means an individual, sole
397		-	proprietorship, firm, partnership, joint venture, corporation,
398		-	professional corporation, or other entity that offers services
399		-	under the Illinois Architecture Practice Act of 1989, the
400		-	Professional Engineering Practice Act of 1989, the Structural
401		-	Engineering Practice Act of 1989, or the Illinois Professional
402		-	Land Surveyor Act of 1989.
403		-	"Evaluation criteria" means the requirements for the
404		-	separate phases of the selection process as set forth in this
405		-	Article and may include the specialized experience, technical
406	201
407	202
408		-	qualifications and competence, capacity to perform, past
409		-	performance, experience with similar projects, assignment of
410		-	personnel to the project, and other appropriate factors.
411		-	"Proposal" means the offer to enter into a design-build
412		-	contract as submitted by a design-build entity in accordance
413		-	with this Article.
414		-	"Public art designer" means an individual, sole
415		-	proprietorship, firm, partnership, joint venture, corporation,
416		-	professional corporation, or other entity that has
417		-	demonstrated experience with the design and fabrication of
418		-	public art, including any media that has been planned and
419		-	executed with the intention of being staged in the physical
420		-	public domain outside and accessible to all or any art that is
421		-	exhibited in a public space, including publicly accessible
422		-	buildings, or interpretive exhibits, including communication
423		-	media that is designed to engage, excite, inform, relate, or
424		-	reveal the intrinsic nature or indispensable quality of a
425		-	topic or story being presented.
426		-	"Request for proposal" means the document used by the
427		-	school district to solicit proposals for a design-build
428		-	contract.
429		-	"Scope and performance criteria" means the requirements
430		-	for the public project, such as the intended usage, capacity,
431		-	size, scope, quality and performance standards, life-cycle
432		-	costs, and other programmatic criteria that are expressed in
433		-	performance-oriented and quantifiable specifications and
	203	+
	204	+	SB1570 Enrolled - 6 - LRB103 05684 AWJ 50703 b
434	205
435	206
436		-	drawings that can be reasonably inferred and are suited to
437		-	allow a design-build entity to develop a proposal.
438		-	(105 ILCS 5/15A-15 new)
439		-	Sec. 15A-15. Solicitation of proposals.
440		-	(a) A school district may enter into design-build
441		-	contracts. In addition to the requirements set forth by the
442		-	school board, if the school district elects to use the
443		-	design-build delivery method, it must issue a notice of intent
444		-	to receive proposals for the project at least 14 days before
445		-	issuing the request for the proposal. The school district must
446		-	publish the advance notice in the manner prescribed by the
447		-	school board, which must include posting the advance notice
448		-	online on its website. The school district may publish the
449		-	notice in construction industry publications or post the
450		-	notice on construction industry websites. A brief description
451		-	of the proposed procurement must be included in the notice.
452		-	The school district must provide a copy of the request for
453		-	proposal to any party requesting a copy.
454		-	(b) The request for proposal must be prepared for each
455		-	project and must contain, without limitation, the following
456		-	information:
457		-	(1) The name of the school district.
458		-	(2) A preliminary schedule for the completion of the
459		-	contract.
460		-	(3) The proposed budget for the project, the source of
	207	+	SB1570 Enrolled- 7 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 7 - LRB103 05684 AWJ 50703 b
	208	+	SB1570 Enrolled - 7 - LRB103 05684 AWJ 50703 b
	209	+	1 design-build entities.
	210	+	2 (c) The scope and performance criteria must be prepared by
	211	+	3 a design professional or public art designer who is an
	212	+	4 employee of the municipality, or the municipality may contract
	213	+	5 with an independent design professional or public art designer
	214	+	6 selected under the Local Government Professional Services
	215	+	7 Selection Act to provide these services.
	216	+	8 (d) The design professional or public art designer that
	217	+	9 prepares the scope and performance criteria is prohibited from
	218	+	10 participating in any design-build entity proposal for the
	219	+	11 project.
	220	+	12 (e) The design-build contract may be conditioned upon
	221	+	13 subsequent refinements in scope and price and may allow the
	222	+	14 municipality to make modifications in the project scope
	223	+	15 without invalidating the design-build contract.
	224	+	16 (65 ILCS 5/11-39.2-25 new)
	225	+	17 Sec. 11-39.2-25. Procedures for Selection.
	226	+	18 (a) The municipality must use a two-phase procedure for
	227	+	19 the selection of the successful design-build entity. Phase I
	228	+	20 of the procedure will evaluate and shortlist the design-build
	229	+	21 entities based on qualifications, and Phase II will evaluate
	230	+	22 the technical and cost proposals.
	231	+	23 (b) The municipality must include in the request for
	232	+	24 proposal the evaluating factors to be used in Phase I. These
	233	+	25 factors are in addition to any prequalification requirements
461	234
462	235
463		-	funds, and the currently available funds at the time the
464		-	request for proposal is submitted.
465		-	(4) Prequalification criteria for design-build
466		-	entities wishing to submit proposals. The school district
467		-	must include, at a minimum, its normal qualifications,
468		-	licensing, registration, and other requirements; however,
469		-	nothing precludes the use of additional prequalification
470		-	criteria by the school district.
471		-	(5) Material requirements of the contract, such as the
472		-	proposed terms and conditions, required performance and
473		-	payment bonds, insurance, and the entity's plan to comply
474		-	with the utilization goals for business enterprises
475		-	established in the Business Enterprise for Minorities,
476		-	Women, and Persons with Disabilities Act and with Section
477		-	2-105 of the Illinois Human Rights Act.
478		-	(6) The performance criteria.
479		-	(7) The evaluation criteria for each phase of the
480		-	solicitation. Price may not be used as a factor in the
481		-	evaluation of Phase I proposals.
482		-	(8) The number of entities that will be considered for
483		-	the technical and cost evaluation phase.
484		-	(c) The school district may include any other relevant
485		-	information that it chooses to supply. The design-build entity
486		-	may rely upon the accuracy of this documentation in the
487		-	development of its proposal.
488		-	(d) The date that proposals are due must be at least 21
489	236
490	237
491		-	calendar days after the date of the issuance of the request for
492		-	proposal. If the cost of the project is estimated to exceed
493		-	$12,000,000, then the proposal due date must be at least 28
494		-	calendar days after the date of the issuance of the request for
495		-	proposal. The school district must include in the request for
496		-	proposal a minimum of 30 days to develop the Phase II
497		-	submissions after the selection of entities from the Phase I
498		-	evaluation is completed.
499		-	(105 ILCS 5/15A-20 new)
500		-	Sec. 15A-20. Development of scope and performance
501		-	criteria.
502		-	(a) The school district must develop, with the assistance
503		-	of a licensed design professional or public art designer, a
504		-	request for proposal, which must include scope and performance
505		-	criteria. The scope and performance criteria must be in
506		-	sufficient detail and contain adequate information to
507		-	reasonably apprise the qualified design-build entities of the
508		-	school district's overall programmatic needs and goals,
509		-	including criteria, general budget parameters, schedule, and
510		-	delivery requirements.
511		-	(b) Each request for proposal must also include a
512		-	description of the level of design to be provided in the
513		-	proposals. This description must include the scope and type of
514		-	renderings, drawings, and specifications that, at a minimum,
515		-	will be required by the school district to be produced by the
	238	+
	239	+	SB1570 Enrolled - 7 - LRB103 05684 AWJ 50703 b
516	240
517	241
518		-	design-build entities.
519		-	(c) The scope and performance criteria must be prepared by
520		-	a design professional or public art designer who is an
521		-	employee of the school district, or the school district may
522		-	contract with an independent design professional or public art
523		-	designer selected under the Local Government Professional
524		-	Services Selection Act to provide these services.
525		-	(d) The design professional or public art designer that
526		-	prepares the scope and performance criteria is prohibited from
527		-	participating in any design-build entity proposal for the
528		-	project.
529		-	(e) The design-build contract may be conditioned upon
530		-	subsequent refinements in scope and price and may allow the
531		-	school district to make modifications in the project scope
532		-	without invalidating the design-build contract.
533		-	(105 ILCS 5/15A-25 new)
534		-	Sec. 15A-25. Procedures for selection.
535		-	(a) The school district must use a 2-phase procedure for
536		-	the selection of the successful design-build entity. Phase I
537		-	of the procedure must evaluate and shortlist the design-build
538		-	entities based on qualifications, and Phase II must evaluate
539		-	the technical and cost proposals.
540		-	(b) The school district must include in the request for
541		-	proposal the evaluating factors to be used in Phase I. These
542		-	factors are in addition to any prequalification requirements
	242	+	SB1570 Enrolled- 8 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 8 - LRB103 05684 AWJ 50703 b
	243	+	SB1570 Enrolled - 8 - LRB103 05684 AWJ 50703 b
	244	+	1 of design-build entities that the municipality has set forth.
	245	+	2 Each request for proposal must establish the relative
	246	+	3 importance assigned to each evaluation factor and subfactor,
	247	+	4 including any weighting of criteria to be employed by the
	248	+	5 municipality. The municipality must maintain a record of the
	249	+	6 evaluation scoring to be disclosed in event of a protest
	250	+	7 regarding the solicitation.
	251	+	8 The municipality must include the following criteria in
	252	+	9 every Phase I evaluation of design-build entities: (i)
	253	+	10 experience of personnel; (ii) successful experience with
	254	+	11 similar project types; (iii) financial capability; (iv)
	255	+	12 timeliness of past performance; (v) experience with similarly
	256	+	13 sized projects; (vi) successful reference checks of the firm;
	257	+	14 (vii) commitment to assign personnel for the duration of the
	258	+	15 project and qualifications of the entity's consultants; and
	259	+	16 (viii) ability or past performance in meeting or exhausting
	260	+	17 good faith efforts to meet the utilization goals for business
	261	+	18 enterprises established in the Business Enterprise for
	262	+	19 Minorities, Women, and Persons with Disabilities Act and with
	263	+	20 Section 2-105 of the Illinois Human Rights Act. The
	264	+	21 municipality may include any additional, relevant criteria in
	265	+	22 Phase I that it deems necessary for a proper qualification
	266	+	23 review.
	267	+	24 The municipality may not consider any design-build entity
	268	+	25 for evaluation or award if the entity has any pecuniary
	269	+	26 interest in the project or has other relationships or
543	270
544	271
545		-	of design-build entities that the school district has set
546		-	forth. Each request for proposal must establish the relative
547		-	importance assigned to each evaluation factor and subfactor,
548		-	including any weighting of criteria to be employed by the
549		-	school district. The school district must maintain a record of
550		-	the evaluation scoring to be disclosed in event of a protest
551		-	regarding the solicitation.
552		-	The school district must include the following criteria in
553		-	every Phase I evaluation of design-build entities:
554		-	(1) experience of personnel;
555		-	(2) successful experience with similar project types;
556		-	(3) financial capability;
557		-	(4) timeliness of past performance;
558		-	(5) experience with similarly sized projects;
559		-	(6) successful reference checks of the firm;
560		-	(7) commitment to assign personnel for the duration of
561		-	the project and qualifications of the entity's
562		-	consultants; and
563		-	(8) ability or past performance in meeting or
564		-	exhausting good faith efforts to meet the utilization
565		-	goals for business enterprises established in the Business
566		-	Enterprise for Minorities, Women, and Persons with
567		-	Disabilities Act and with Section 2-105 of the Illinois
568		-	Human Rights Act.
569		-	The school district may include any additional, relevant
570		-	criteria in Phase I that it deems necessary for a proper
571	272
572	273
573		-	qualification review.
574		-	The school district may not consider a design-build entity
575		-	for evaluation or an award if the entity has any pecuniary
576		-	interest in the project or has other relationships or
577		-	circumstances, such as long-term leasehold, mutual
578		-	performance, or development contracts with the school
579		-	district, that may give the design-build entity a financial or
580		-	tangible advantage over other design-build entities in the
581		-	preparation, evaluation, or performance of the design-build
582		-	contract or that create the appearance of impropriety. A
583		-	design-build entity shall not be disqualified under this
584		-	Section solely due to having previously been awarded a project
585		-	or projects under any applicable public procurement law of the
586		-	State. No proposal may be considered that does not include an
587		-	entity's plan to comply with the requirements established in
588		-	the Business Enterprise for Minorities, Women, and Persons
589		-	with Disabilities Act, for both the design and construction
590		-	areas of performance, and with Section 2-105 of the Illinois
591		-	Human Rights Act.
592		-	Upon completion of the qualification evaluation, the
593		-	school district must create a shortlist of the most highly
594		-	qualified design-build entities. The school district, in its
595		-	discretion, is not required to shortlist the maximum number of
596		-	entities as identified for Phase II evaluation if no less than
597		-	2 design-build entities nor more than 6 are selected to submit
598		-	Phase II proposals. If a school district receives one response
	274	+
	275	+	SB1570 Enrolled - 8 - LRB103 05684 AWJ 50703 b
599	276
600	277
601		-	to Phase I, nothing herein shall prohibit the school district
602		-	from proceeding with a Phase II evaluation of the single
603		-	respondent, if the school district, in its discretion, finds
604		-	proceeding to be in its best interest.
605		-	The school district must notify the entities selected for
606		-	the shortlist in writing. This notification must commence the
607		-	period for the preparation of the Phase II technical and cost
608		-	evaluations. The school district must allow sufficient time
609		-	for the shortlist entities to prepare their Phase II
610		-	submittals considering the scope and detail requested by the
611		-	school district.
612		-	(c) The school district must include in the request for
613		-	proposal the evaluating factors to be used in the technical
614		-	and cost submission components of Phase II. Each request for
615		-	proposal must establish, for both the technical and cost
616		-	submission components of Phase II, the relative importance
617		-	assigned to each evaluation factor and subfactor, including
618		-	any weighting of criteria to be employed by the school
619		-	district. The school district must maintain a record of the
620		-	evaluation scoring to be disclosed in event of a protest
621		-	regarding the solicitation.
622		-	The school district must include the following criteria in
623		-	every Phase II technical evaluation of design-build entities:
624		-	(1) compliance with objectives of the project;
625		-	(2) compliance of proposed services to the request for
626		-	proposal requirements;
	278	+	SB1570 Enrolled- 9 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 9 - LRB103 05684 AWJ 50703 b
	279	+	SB1570 Enrolled - 9 - LRB103 05684 AWJ 50703 b
	280	+	1 circumstances, such as long-term leasehold, mutual
	281	+	2 performance, or development contracts with the municipality,
	282	+	3 that may give the design-build entity a financial or tangible
	283	+	4 advantage over other design-build entities in the preparation,
	284	+	5 evaluation, or performance of the design-build contract or
	285	+	6 that create the appearance of impropriety. No proposal may be
	286	+	7 considered that does not include an entity's plan to comply
	287	+	8 with the requirements established in the Business Enterprise
	288	+	9 for Minorities, Women, and Persons with Disabilities Act, for
	289	+	10 both the design and construction areas of performance, and
	290	+	11 with Section 2-105 of the Illinois Human Rights Act.
	291	+	12 Upon completion of the qualification evaluation, the
	292	+	13 municipality must create a shortlist of the most highly
	293	+	14 qualified design-build entities. The municipality, in its
	294	+	15 discretion, is not required to shortlist the maximum number of
	295	+	16 entities as identified for Phase II evaluation if no less than
	296	+	17 2 design-build entities nor more than 6 are selected to submit
	297	+	18 Phase II proposals.
	298	+	19 The municipality must notify the entities selected for the
	299	+	20 shortlist in writing. This notification must commence the
	300	+	21 period for the preparation of the Phase II technical and cost
	301	+	22 evaluations. The municipality must allow sufficient time for
	302	+	23 the shortlist entities to prepare their Phase II submittals
	303	+	24 considering the scope and detail requested by the
	304	+	25 municipality.
	305	+	26 (c) The municipality must include in the request for
627	306
628	307
629		-	(3) quality of products or materials proposed;
630		-	(4) quality of design parameters;
631		-	(5) design concepts;
632		-	(6) innovation in meeting the scope and performance
633		-	criteria; and
634		-	(7) constructability of the proposed project.
635		-	The school district may include any additional relevant
636		-	technical evaluation factors it deems necessary for proper
637		-	selection.
638		-	The school district must include the following criteria in
639		-	every Phase II cost evaluation: the total project cost, the
640		-	construction costs, and the time of completion. The school
641		-	district may include any additional relevant technical
642		-	evaluation factors it deems necessary for proper selection.
643		-	The total project cost criteria weighting factor may not
644		-	exceed 30%.
645		-	The school district must directly employ or retain a
646		-	licensed design professional or a public art designer to
647		-	evaluate the technical and cost submissions to determine if
648		-	the technical submissions are in accordance with generally
649		-	accepted industry standards. Upon completion of the technical
650		-	submissions and cost submissions evaluation, the school
651		-	district may award the design-build contract to the highest
652		-	overall ranked entity.
653		-	(105 ILCS 5/15A-30 new)
654	308
655	309
656		-	Sec. 15A-30. Small projects. In any case in which the
657		-	total overall cost of the project is estimated to be
658		-	$12,000,000 or less, the school district may combine the
659		-	2-phase procedure for selection described in Section 15A-25
660		-	into one combined step if all the requirements of evaluation
661		-	are performed in accordance with Section 15A-25.
662		-	(105 ILCS 5/15A-35 new)
663		-	Sec. 15A-35. Submission of proposals. Proposals must be
664		-	properly identified and sealed. Proposals may not be reviewed
665		-	until after the deadline for submission has passed as set
666		-	forth in the request for proposal.
667		-	Proposals must include a bid bond in the form and security
668		-	as designated in the request for proposal. Proposals must also
669		-	contain a separate sealed envelope with the cost information
670		-	within the overall proposal submission. Proposals must include
671		-	a list of all design professionals, public art designers, and
672		-	other entities to which any work may be subcontracted during
673		-	the performance of the contract.
674		-	Proposals must meet all material requirements of the
675		-	request for proposal, or they may be rejected as
676		-	nonresponsive. The school district may reject any and all
677		-	proposals.
678		-	The drawings and specifications of the proposal may remain
679		-	the property of the design-build entity.
680		-	The school district must review the proposals for
	310	+
	311	+	SB1570 Enrolled - 9 - LRB103 05684 AWJ 50703 b
681	312
682	313
683		-	compliance with the performance criteria and evaluation
684		-	factors.
685		-	Proposals may be withdrawn prior to evaluation for any
686		-	cause. After evaluation begins by the school district, clear
687		-	and convincing evidence of error is required for withdrawal.
688		-	After a response to a request for qualifications or a
689		-	request for proposal has been submitted under this Section, a
690		-	design-build entity may not replace, remove, or otherwise
691		-	modify any firm identified as a member of the proposer's team
692		-	unless authorized to do so by the school district.
693		-	(105 ILCS 5/15A-40 new)
694		-	Sec. 15A-40. Award; performance. The school district may
695		-	award the contract to the highest overall ranked design-build
696		-	entity. Notice of award must be made in writing. Unsuccessful
697		-	design-build entities must also be notified in writing. The
698		-	school district may not request a best and final offer after
699		-	the receipt of proposals of all qualified design-build
700		-	entities. The school district may negotiate with the selected
701		-	design-build entity after the award, but prior to contract
702		-	execution, for the purpose of securing better terms than
703		-	originally proposed if the salient features of the request for
704		-	proposal are not diminished.
705		-	A design-build entity and associated design professionals
706		-	must conduct themselves in accordance with the relevant laws
707		-	of this State and the related provisions of the Illinois
	314	+	SB1570 Enrolled- 10 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 10 - LRB103 05684 AWJ 50703 b
	315	+	SB1570 Enrolled - 10 - LRB103 05684 AWJ 50703 b
	316	+	1 proposal the evaluating factors to be used in the technical
	317	+	2 and cost submission components of Phase II. Each request for
	318	+	3 proposal must establish, for both the technical and cost
	319	+	4 submission components of Phase II, the relative importance
	320	+	5 assigned to each evaluation factor and subfactor, including
	321	+	6 any weighting of criteria to be employed by the municipality.
	322	+	7 The municipality must maintain a record of the evaluation
	323	+	8 scoring to be disclosed in event of a protest regarding the
	324	+	9 solicitation.
	325	+	10 The municipality must include the following criteria in
	326	+	11 every Phase II technical evaluation of design-build entities:
	327	+	12 (i) compliance with objectives of the project; (ii) compliance
	328	+	13 of proposed services to the request for proposal requirements;
	329	+	14 (iii) quality of products or materials proposed; (iv) quality
	330	+	15 of design parameters; (v) design concepts; (vi) innovation in
	331	+	16 meeting the scope and performance criteria; and (vii)
	332	+	17 constructability of the proposed project. The municipality may
	333	+	18 include any additional relevant technical evaluation factors
	334	+	19 it deems necessary for proper selection.
	335	+	20 The municipality must include the following criteria in
	336	+	21 every Phase II cost evaluation: the total project cost, the
	337	+	22 construction costs, and the time of completion. The
	338	+	23 municipality may include any additional relevant technical
	339	+	24 evaluation factors it deems necessary for proper selection.
	340	+	25 The total project cost criteria weighting factor may not
	341	+	26 exceed 30%.
708	342
709	343
710		-	Administrative Code.
711		-	(105 ILCS 5/15A-45 new)
712		-	Sec. 15A-45. Evaluation and report. At the end of every
713		-	6-month period following the contract award, and again prior
714		-	to final contract payout and closure, a selected design-build
715		-	entity must detail, in a written report submitted to the
716		-	school district, its efforts and success in implementing the
717		-	entity's plan to comply with the utilization goals for
718		-	business enterprises established in the Business Enterprise
719		-	for Minorities, Women, and Persons with Disabilities Act and
720		-	the provisions of Section 2-105 of the Illinois Human Rights
721		-	Act.
722		-	(105 ILCS 5/15A-50 new)
723		-	Sec. 15A-50. Exception. Nothing in this Article prevents a
724		-	school district from using a qualification-based selection
725		-	process for design professionals or construction managers for
726		-	design-build projects.
727		-	(105 ILCS 5/15A-90 new)
728		-	Sec. 15A-90. Severability. The provisions of this Article
729		-	are severable under Section 1.31 of the Statute on Statutes.
	344	+
	345	+
	346	+
	347	+	SB1570 Enrolled - 10 - LRB103 05684 AWJ 50703 b
	348	+
	349	+
	350	+	SB1570 Enrolled- 11 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 11 - LRB103 05684 AWJ 50703 b
	351	+	SB1570 Enrolled - 11 - LRB103 05684 AWJ 50703 b
	352	+	1 The municipality must directly employ or retain a licensed
	353	+	2 design professional or a public art designer to evaluate the
	354	+	3 technical and cost submissions to determine if the technical
	355	+	4 submissions are in accordance with generally accepted industry
	356	+	5 standards. Upon completion of the technical submissions and
	357	+	6 cost submissions evaluation, the municipality may award the
	358	+	7 design-build contract to the highest overall ranked entity.
	359	+	8 (65 ILCS 5/11-39.2-30 new)
	360	+	9 Sec. 11-39.2-30. Small projects. In any case where the
	361	+	10 total overall cost of the project is estimated to be less than
	362	+	11 $12,000,000, the municipality may combine the two-phase
	363	+	12 procedure for selection described in Section 11-39.2-25 into
	364	+	13 one combined step if all the requirements of evaluation are
	365	+	14 performed in accordance with Section 11-39.2-25.
	366	+	15 (65 ILCS 5/11-39.2-35 new)
	367	+	16 Sec. 11-39.2-35. Submission of proposals. Proposals must
	368	+	17 be properly identified and sealed. Proposals may not be
	369	+	18 reviewed until after the deadline for submission has passed as
	370	+	19 set forth in the request for proposals.
	371	+	20 Proposals must include a bid bond in the form and security
	372	+	21 as designated in the request for proposals. Proposals must
	373	+	22 also contain a separate sealed envelope with the cost
	374	+	23 information within the overall proposal submission. Proposals
	375	+	24 must include a list of all design professionals, public art
	376	+
	377	+
	378	+
	379	+
	380	+
	381	+	SB1570 Enrolled - 11 - LRB103 05684 AWJ 50703 b
	382	+
	383	+
	384	+	SB1570 Enrolled- 12 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 12 - LRB103 05684 AWJ 50703 b
	385	+	SB1570 Enrolled - 12 - LRB103 05684 AWJ 50703 b
	386	+	1 designers, and other entities to which any work may be
	387	+	2 subcontracted during the performance of the contract.
	388	+	3 Proposals must meet all material requirements of the
	389	+	4 request for proposal or they may be rejected as nonresponsive.
	390	+	5 The municipality may reject any and all proposals.
	391	+	6 The drawings and specifications of the proposal may remain
	392	+	7 the property of the design-build entity.
	393	+	8 The municipality must review the proposals for compliance
	394	+	9 with the performance criteria and evaluation factors.
	395	+	10 Proposals may be withdrawn prior to evaluation for any
	396	+	11 cause. After evaluation begins by the municipality, clear and
	397	+	12 convincing evidence of error is required for withdrawal.
	398	+	13 After a response to a request for qualifications or a
	399	+	14 request for proposal has been submitted as provided in this
	400	+	15 Section, a design-build entity may not replace, remove, or
	401	+	16 otherwise modify any firm identified as a member of the
	402	+	17 proposer's team unless authorized to do so by the
	403	+	18 municipality.
	404	+	19 (65 ILCS 5/11-39.2-40 new)
	405	+	20 Sec. 11-39.2-40. Award; performance. The municipality may
	406	+	21 award the contract to the highest overall ranked design-build
	407	+	22 entity. Notice of award must be made in writing. Unsuccessful
	408	+	23 design-build entities must also be notified in writing. The
	409	+	24 municipality may not request a best and final offer after the
	410	+	25 receipt of proposals of all qualified design-build entities.
	411	+
	412	+
	413	+
	414	+
	415	+
	416	+	SB1570 Enrolled - 12 - LRB103 05684 AWJ 50703 b
	417	+
	418	+
	419	+	SB1570 Enrolled- 13 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 13 - LRB103 05684 AWJ 50703 b
	420	+	SB1570 Enrolled - 13 - LRB103 05684 AWJ 50703 b
	421	+	1 The municipality may negotiate with the selected design-build
	422	+	2 entity after award, but prior to contract execution, for the
	423	+	3 purpose of securing better terms than originally proposed if
	424	+	4 the salient features of the request for proposal are not
	425	+	5 diminished.
	426	+	6 A design-build entity and associated design professionals
	427	+	7 must conduct themselves in accordance with the relevant laws
	428	+	8 of this State and the related provisions of the Illinois
	429	+	9 Administrative Code.
	430	+	10 (65 ILCS 5/11-39.2-45 new)
	431	+	11 Sec. 11-39.2-45. Reports and evaluation. At the end of
	432	+	12 every 6-month period following the contract award, and again
	433	+	13 prior to final contract payout and closure, a selected
	434	+	14 design-build entity must detail, in a written report submitted
	435	+	15 to the municipality, its efforts and success in implementing
	436	+	16 the entity's plan to comply with the utilization goals for
	437	+	17 business enterprises established in the Business Enterprise
	438	+	18 for Minorities, Women, and Persons with Disabilities Act and
	439	+	19 the provisions of Section 2-105 of the Illinois Human Rights
	440	+	20 Act.
	441	+	21 (65 ILCS 5/11-39.2-50 new)
	442	+	22 Sec. 11-39.2-50. Exception. Nothing in this Division
	443	+	23 prevents a municipality from using a qualification-based
	444	+	24 selection process for design professionals or construction
	445	+
	446	+
	447	+
	448	+
	449	+
	450	+	SB1570 Enrolled - 13 - LRB103 05684 AWJ 50703 b
	451	+
	452	+
	453	+	SB1570 Enrolled- 14 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 14 - LRB103 05684 AWJ 50703 b
	454	+	SB1570 Enrolled - 14 - LRB103 05684 AWJ 50703 b
	455	+	1 managers for design-build projects.
	456	+	2 (65 ILCS 5/11-39.2-55 new)
	457	+	3 Sec. 11-39.2-55. Severability. The provisions of this
	458	+	4 Division are severable under Section 1.31 of the Statute on
	459	+	5 Statutes.
	460	+	6 Section 10. The School Code is amended by adding Article
	461	+	7 15A as follows:
	462	+	8 (105 ILCS 5/Art. 15A heading new)
	463	+	9 ARTICLE 15A. SCHOOL DESIGN-BUILD CONTRACTS
	464	+	10 (105 ILCS 5/15A-1 new)
	465	+	11 Sec. 15A-1. Short title. This Article may be cited as the
	466	+	12 School Design-Build Authorization Law.
	467	+	13 (105 ILCS 5/15A-5 new)
	468	+	14 Sec. 15A-5. Purpose. The purpose of this Article is to
	469	+	15 authorize school districts to use design-build processes to
	470	+	16 increase the efficiency and effectiveness of delivering public
	471	+	17 projects.
	472	+	18 (105 ILCS 5/15A-10 new)
	473	+	19 Sec. 15A-10. Definitions. As used in this Article:
	474	+	20 "Delivery system" means the design and construction
	475	+
	476	+
	477	+
	478	+
	479	+
	480	+	SB1570 Enrolled - 14 - LRB103 05684 AWJ 50703 b
	481	+
	482	+
	483	+	SB1570 Enrolled- 15 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 15 - LRB103 05684 AWJ 50703 b
	484	+	SB1570 Enrolled - 15 - LRB103 05684 AWJ 50703 b
	485	+	1 approach used to develop and construct a project.
	486	+	2 "Design-build" means a delivery system that provides
	487	+	3 responsibility within a single contract for the furnishing of
	488	+	4 architecture, engineering, land surveying, and related
	489	+	5 services, as required, and the labor, materials, equipment,
	490	+	6 and other construction services for the project.
	491	+	7 "Design-build contract" means a contract for a public
	492	+	8 project under this Article between a school district and a
	493	+	9 design-build entity to furnish: architecture, engineering,
	494	+	10 land surveying, public art or interpretive exhibits, and
	495	+	11 related services, as required, and the labor, materials,
	496	+	12 equipment, and other construction services for the project.
	497	+	13 "Design-build entity" means an individual, sole
	498	+	14 proprietorship, firm, partnership, joint venture, corporation,
	499	+	15 professional corporation, or other entity that proposes to
	500	+	16 design and construct any public project under this Article.
	501	+	17 "Design professional" means an individual, sole
	502	+	18 proprietorship, firm, partnership, joint venture, corporation,
	503	+	19 professional corporation, or other entity that offers services
	504	+	20 under the Illinois Architecture Practice Act of 1989, the
	505	+	21 Professional Engineering Practice Act of 1989, the Structural
	506	+	22 Engineering Practice Act of 1989, or the Illinois Professional
	507	+	23 Land Surveyor Act of 1989.
	508	+	24 "Evaluation criteria" means the requirements for the
	509	+	25 separate phases of the selection process as set forth in this
	510	+	26 Article and may include the specialized experience, technical
	511	+
	512	+
	513	+
	514	+
	515	+
	516	+	SB1570 Enrolled - 15 - LRB103 05684 AWJ 50703 b
	517	+
	518	+
	519	+	SB1570 Enrolled- 16 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 16 - LRB103 05684 AWJ 50703 b
	520	+	SB1570 Enrolled - 16 - LRB103 05684 AWJ 50703 b
	521	+	1 qualifications and competence, capacity to perform, past
	522	+	2 performance, experience with similar projects, assignment of
	523	+	3 personnel to the project, and other appropriate factors.
	524	+	4 "Proposal" means the offer to enter into a design-build
	525	+	5 contract as submitted by a design-build entity in accordance
	526	+	6 with this Article.
	527	+	7 "Public art designer" means an individual, sole
	528	+	8 proprietorship, firm, partnership, joint venture, corporation,
	529	+	9 professional corporation, or other entity that has
	530	+	10 demonstrated experience with the design and fabrication of
	531	+	11 public art, including any media that has been planned and
	532	+	12 executed with the intention of being staged in the physical
	533	+	13 public domain outside and accessible to all or any art that is
	534	+	14 exhibited in a public space, including publicly accessible
	535	+	15 buildings, or interpretive exhibits, including communication
	536	+	16 media that is designed to engage, excite, inform, relate, or
	537	+	17 reveal the intrinsic nature or indispensable quality of a
	538	+	18 topic or story being presented.
	539	+	19 "Request for proposal" means the document used by the
	540	+	20 school district to solicit proposals for a design-build
	541	+	21 contract.
	542	+	22 "Scope and performance criteria" means the requirements
	543	+	23 for the public project, such as the intended usage, capacity,
	544	+	24 size, scope, quality and performance standards, life-cycle
	545	+	25 costs, and other programmatic criteria that are expressed in
	546	+	26 performance-oriented and quantifiable specifications and
	547	+
	548	+
	549	+
	550	+
	551	+
	552	+	SB1570 Enrolled - 16 - LRB103 05684 AWJ 50703 b
	553	+
	554	+
	555	+	SB1570 Enrolled- 17 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 17 - LRB103 05684 AWJ 50703 b
	556	+	SB1570 Enrolled - 17 - LRB103 05684 AWJ 50703 b
	557	+	1 drawings that can be reasonably inferred and are suited to
	558	+	2 allow a design-build entity to develop a proposal.
	559	+	3 (105 ILCS 5/15A-15 new)
	560	+	4 Sec. 15A-15. Solicitation of proposals.
	561	+	5 (a) A school district may enter into design-build
	562	+	6 contracts. In addition to the requirements set forth by the
	563	+	7 school board, if the school district elects to use the
	564	+	8 design-build delivery method, it must issue a notice of intent
	565	+	9 to receive proposals for the project at least 14 days before
	566	+	10 issuing the request for the proposal. The school district must
	567	+	11 publish the advance notice in the manner prescribed by the
	568	+	12 school board, which must include posting the advance notice
	569	+	13 online on its website. The school district may publish the
	570	+	14 notice in construction industry publications or post the
	571	+	15 notice on construction industry websites. A brief description
	572	+	16 of the proposed procurement must be included in the notice.
	573	+	17 The school district must provide a copy of the request for
	574	+	18 proposal to any party requesting a copy.
	575	+	19 (b) The request for proposal must be prepared for each
	576	+	20 project and must contain, without limitation, the following
	577	+	21 information:
	578	+	22 (1) The name of the school district.
	579	+	23 (2) A preliminary schedule for the completion of the
	580	+	24 contract.
	581	+	25 (3) The proposed budget for the project, the source of
	582	+
	583	+
	584	+
	585	+
	586	+
	587	+	SB1570 Enrolled - 17 - LRB103 05684 AWJ 50703 b
	588	+
	589	+
	590	+	SB1570 Enrolled- 18 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 18 - LRB103 05684 AWJ 50703 b
	591	+	SB1570 Enrolled - 18 - LRB103 05684 AWJ 50703 b
	592	+	1 funds, and the currently available funds at the time the
	593	+	2 request for proposal is submitted.
	594	+	3 (4) Prequalification criteria for design-build
	595	+	4 entities wishing to submit proposals. The school district
	596	+	5 must include, at a minimum, its normal qualifications,
	597	+	6 licensing, registration, and other requirements; however,
	598	+	7 nothing precludes the use of additional prequalification
	599	+	8 criteria by the school district.
	600	+	9 (5) Material requirements of the contract, such as the
	601	+	10 proposed terms and conditions, required performance and
	602	+	11 payment bonds, insurance, and the entity's plan to comply
	603	+	12 with the utilization goals for business enterprises
	604	+	13 established in the Business Enterprise for Minorities,
	605	+	14 Women, and Persons with Disabilities Act and with Section
	606	+	15 2-105 of the Illinois Human Rights Act.
	607	+	16 (6) The performance criteria.
	608	+	17 (7) The evaluation criteria for each phase of the
	609	+	18 solicitation. Price may not be used as a factor in the
	610	+	19 evaluation of Phase I proposals.
	611	+	20 (8) The number of entities that will be considered for
	612	+	21 the technical and cost evaluation phase.
	613	+	22 (c) The school district may include any other relevant
	614	+	23 information that it chooses to supply. The design-build entity
	615	+	24 may rely upon the accuracy of this documentation in the
	616	+	25 development of its proposal.
	617	+	26 (d) The date that proposals are due must be at least 21
	618	+
	619	+
	620	+
	621	+
	622	+
	623	+	SB1570 Enrolled - 18 - LRB103 05684 AWJ 50703 b
	624	+
	625	+
	626	+	SB1570 Enrolled- 19 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 19 - LRB103 05684 AWJ 50703 b
	627	+	SB1570 Enrolled - 19 - LRB103 05684 AWJ 50703 b
	628	+	1 calendar days after the date of the issuance of the request for
	629	+	2 proposal. If the cost of the project is estimated to exceed
	630	+	3 $12,000,000, then the proposal due date must be at least 28
	631	+	4 calendar days after the date of the issuance of the request for
	632	+	5 proposal. The school district must include in the request for
	633	+	6 proposal a minimum of 30 days to develop the Phase II
	634	+	7 submissions after the selection of entities from the Phase I
	635	+	8 evaluation is completed.
	636	+	9 (105 ILCS 5/15A-20 new)
	637	+	10 Sec. 15A-20. Development of scope and performance
	638	+	11 criteria.
	639	+	12 (a) The school district must develop, with the assistance
	640	+	13 of a licensed design professional or public art designer, a
	641	+	14 request for proposal, which must include scope and performance
	642	+	15 criteria. The scope and performance criteria must be in
	643	+	16 sufficient detail and contain adequate information to
	644	+	17 reasonably apprise the qualified design-build entities of the
	645	+	18 school district's overall programmatic needs and goals,
	646	+	19 including criteria, general budget parameters, schedule, and
	647	+	20 delivery requirements.
	648	+	21 (b) Each request for proposal must also include a
	649	+	22 description of the level of design to be provided in the
	650	+	23 proposals. This description must include the scope and type of
	651	+	24 renderings, drawings, and specifications that, at a minimum,
	652	+	25 will be required by the school district to be produced by the
	653	+
	654	+
	655	+
	656	+
	657	+
	658	+	SB1570 Enrolled - 19 - LRB103 05684 AWJ 50703 b
	659	+
	660	+
	661	+	SB1570 Enrolled- 20 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 20 - LRB103 05684 AWJ 50703 b
	662	+	SB1570 Enrolled - 20 - LRB103 05684 AWJ 50703 b
	663	+	1 design-build entities.
	664	+	2 (c) The scope and performance criteria must be prepared by
	665	+	3 a design professional or public art designer who is an
	666	+	4 employee of the school district, or the school district may
	667	+	5 contract with an independent design professional or public art
	668	+	6 designer selected under the Local Government Professional
	669	+	7 Services Selection Act to provide these services.
	670	+	8 (d) The design professional or public art designer that
	671	+	9 prepares the scope and performance criteria is prohibited from
	672	+	10 participating in any design-build entity proposal for the
	673	+	11 project.
	674	+	12 (e) The design-build contract may be conditioned upon
	675	+	13 subsequent refinements in scope and price and may allow the
	676	+	14 school district to make modifications in the project scope
	677	+	15 without invalidating the design-build contract.
	678	+	16 (105 ILCS 5/15A-25 new)
	679	+	17 Sec. 15A-25. Procedures for selection.
	680	+	18 (a) The school district must use a 2-phase procedure for
	681	+	19 the selection of the successful design-build entity. Phase I
	682	+	20 of the procedure must evaluate and shortlist the design-build
	683	+	21 entities based on qualifications, and Phase II must evaluate
	684	+	22 the technical and cost proposals.
	685	+	23 (b) The school district must include in the request for
	686	+	24 proposal the evaluating factors to be used in Phase I. These
	687	+	25 factors are in addition to any prequalification requirements
	688	+
	689	+
	690	+
	691	+
	692	+
	693	+	SB1570 Enrolled - 20 - LRB103 05684 AWJ 50703 b
	694	+
	695	+
	696	+	SB1570 Enrolled- 21 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 21 - LRB103 05684 AWJ 50703 b
	697	+	SB1570 Enrolled - 21 - LRB103 05684 AWJ 50703 b
	698	+	1 of design-build entities that the school district has set
	699	+	2 forth. Each request for proposal must establish the relative
	700	+	3 importance assigned to each evaluation factor and subfactor,
	701	+	4 including any weighting of criteria to be employed by the
	702	+	5 school district. The school district must maintain a record of
	703	+	6 the evaluation scoring to be disclosed in event of a protest
	704	+	7 regarding the solicitation.
	705	+	8 The school district must include the following criteria in
	706	+	9 every Phase I evaluation of design-build entities:
	707	+	10 (1) experience of personnel;
	708	+	11 (2) successful experience with similar project types;
	709	+	12 (3) financial capability;
	710	+	13 (4) timeliness of past performance;
	711	+	14 (5) experience with similarly sized projects;
	712	+	15 (6) successful reference checks of the firm;
	713	+	16 (7) commitment to assign personnel for the duration of
	714	+	17 the project and qualifications of the entity's
	715	+	18 consultants; and
	716	+	19 (8) ability or past performance in meeting or
	717	+	20 exhausting good faith efforts to meet the utilization
	718	+	21 goals for business enterprises established in the Business
	719	+	22 Enterprise for Minorities, Women, and Persons with
	720	+	23 Disabilities Act and with Section 2-105 of the Illinois
	721	+	24 Human Rights Act.
	722	+	25 The school district may include any additional, relevant
	723	+	26 criteria in Phase I that it deems necessary for a proper
	724	+
	725	+
	726	+
	727	+
	728	+
	729	+	SB1570 Enrolled - 21 - LRB103 05684 AWJ 50703 b
	730	+
	731	+
	732	+	SB1570 Enrolled- 22 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 22 - LRB103 05684 AWJ 50703 b
	733	+	SB1570 Enrolled - 22 - LRB103 05684 AWJ 50703 b
	734	+	1 qualification review.
	735	+	2 The school district may not consider a design-build entity
	736	+	3 for evaluation or an award if the entity has any pecuniary
	737	+	4 interest in the project or has other relationships or
	738	+	5 circumstances, such as long-term leasehold, mutual
	739	+	6 performance, or development contracts with the school
	740	+	7 district, that may give the design-build entity a financial or
	741	+	8 tangible advantage over other design-build entities in the
	742	+	9 preparation, evaluation, or performance of the design-build
	743	+	10 contract or that create the appearance of impropriety. A
	744	+	11 design-build entity shall not be disqualified under this
	745	+	12 Section solely due to having previously been awarded a project
	746	+	13 or projects under any applicable public procurement law of the
	747	+	14 State. No proposal may be considered that does not include an
	748	+	15 entity's plan to comply with the requirements established in
	749	+	16 the Business Enterprise for Minorities, Women, and Persons
	750	+	17 with Disabilities Act, for both the design and construction
	751	+	18 areas of performance, and with Section 2-105 of the Illinois
	752	+	19 Human Rights Act.
	753	+	20 Upon completion of the qualification evaluation, the
	754	+	21 school district must create a shortlist of the most highly
	755	+	22 qualified design-build entities. The school district, in its
	756	+	23 discretion, is not required to shortlist the maximum number of
	757	+	24 entities as identified for Phase II evaluation if no less than
	758	+	25 2 design-build entities nor more than 6 are selected to submit
	759	+	26 Phase II proposals. If a school district receives one response
	760	+
	761	+
	762	+
	763	+
	764	+
	765	+	SB1570 Enrolled - 22 - LRB103 05684 AWJ 50703 b
	766	+
	767	+
	768	+	SB1570 Enrolled- 23 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 23 - LRB103 05684 AWJ 50703 b
	769	+	SB1570 Enrolled - 23 - LRB103 05684 AWJ 50703 b
	770	+	1 to Phase I, nothing herein shall prohibit the school district
	771	+	2 from proceeding with a Phase II evaluation of the single
	772	+	3 respondent, if the school district, in its discretion, finds
	773	+	4 proceeding to be in its best interest.
	774	+	5 The school district must notify the entities selected for
	775	+	6 the shortlist in writing. This notification must commence the
	776	+	7 period for the preparation of the Phase II technical and cost
	777	+	8 evaluations. The school district must allow sufficient time
	778	+	9 for the shortlist entities to prepare their Phase II
	779	+	10 submittals considering the scope and detail requested by the
	780	+	11 school district.
	781	+	12 (c) The school district must include in the request for
	782	+	13 proposal the evaluating factors to be used in the technical
	783	+	14 and cost submission components of Phase II. Each request for
	784	+	15 proposal must establish, for both the technical and cost
	785	+	16 submission components of Phase II, the relative importance
	786	+	17 assigned to each evaluation factor and subfactor, including
	787	+	18 any weighting of criteria to be employed by the school
	788	+	19 district. The school district must maintain a record of the
	789	+	20 evaluation scoring to be disclosed in event of a protest
	790	+	21 regarding the solicitation.
	791	+	22 The school district must include the following criteria in
	792	+	23 every Phase II technical evaluation of design-build entities:
	793	+	24 (1) compliance with objectives of the project;
	794	+	25 (2) compliance of proposed services to the request for
	795	+	26 proposal requirements;
	796	+
	797	+
	798	+
	799	+
	800	+
	801	+	SB1570 Enrolled - 23 - LRB103 05684 AWJ 50703 b
	802	+
	803	+
	804	+	SB1570 Enrolled- 24 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 24 - LRB103 05684 AWJ 50703 b
	805	+	SB1570 Enrolled - 24 - LRB103 05684 AWJ 50703 b
	806	+	1 (3) quality of products or materials proposed;
	807	+	2 (4) quality of design parameters;
	808	+	3 (5) design concepts;
	809	+	4 (6) innovation in meeting the scope and performance
	810	+	5 criteria; and
	811	+	6 (7) constructability of the proposed project.
	812	+	7 The school district may include any additional relevant
	813	+	8 technical evaluation factors it deems necessary for proper
	814	+	9 selection.
	815	+	10 The school district must include the following criteria in
	816	+	11 every Phase II cost evaluation: the total project cost, the
	817	+	12 construction costs, and the time of completion. The school
	818	+	13 district may include any additional relevant technical
	819	+	14 evaluation factors it deems necessary for proper selection.
	820	+	15 The total project cost criteria weighting factor may not
	821	+	16 exceed 30%.
	822	+	17 The school district must directly employ or retain a
	823	+	18 licensed design professional or a public art designer to
	824	+	19 evaluate the technical and cost submissions to determine if
	825	+	20 the technical submissions are in accordance with generally
	826	+	21 accepted industry standards. Upon completion of the technical
	827	+	22 submissions and cost submissions evaluation, the school
	828	+	23 district may award the design-build contract to the highest
	829	+	24 overall ranked entity.
	830	+	25 (105 ILCS 5/15A-30 new)
	831	+
	832	+
	833	+
	834	+
	835	+
	836	+	SB1570 Enrolled - 24 - LRB103 05684 AWJ 50703 b
	837	+
	838	+
	839	+	SB1570 Enrolled- 25 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 25 - LRB103 05684 AWJ 50703 b
	840	+	SB1570 Enrolled - 25 - LRB103 05684 AWJ 50703 b
	841	+	1 Sec. 15A-30. Small projects. In any case in which the
	842	+	2 total overall cost of the project is estimated to be
	843	+	3 $12,000,000 or less, the school district may combine the
	844	+	4 2-phase procedure for selection described in Section 15A-25
	845	+	5 into one combined step if all the requirements of evaluation
	846	+	6 are performed in accordance with Section 15A-25.
	847	+	7 (105 ILCS 5/15A-35 new)
	848	+	8 Sec. 15A-35. Submission of proposals. Proposals must be
	849	+	9 properly identified and sealed. Proposals may not be reviewed
	850	+	10 until after the deadline for submission has passed as set
	851	+	11 forth in the request for proposal.
	852	+	12 Proposals must include a bid bond in the form and security
	853	+	13 as designated in the request for proposal. Proposals must also
	854	+	14 contain a separate sealed envelope with the cost information
	855	+	15 within the overall proposal submission. Proposals must include
	856	+	16 a list of all design professionals, public art designers, and
	857	+	17 other entities to which any work may be subcontracted during
	858	+	18 the performance of the contract.
	859	+	19 Proposals must meet all material requirements of the
	860	+	20 request for proposal, or they may be rejected as
	861	+	21 nonresponsive. The school district may reject any and all
	862	+	22 proposals.
	863	+	23 The drawings and specifications of the proposal may remain
	864	+	24 the property of the design-build entity.
	865	+	25 The school district must review the proposals for
	866	+
	867	+
	868	+
	869	+
	870	+
	871	+	SB1570 Enrolled - 25 - LRB103 05684 AWJ 50703 b
	872	+
	873	+
	874	+	SB1570 Enrolled- 26 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 26 - LRB103 05684 AWJ 50703 b
	875	+	SB1570 Enrolled - 26 - LRB103 05684 AWJ 50703 b
	876	+	1 compliance with the performance criteria and evaluation
	877	+	2 factors.
	878	+	3 Proposals may be withdrawn prior to evaluation for any
	879	+	4 cause. After evaluation begins by the school district, clear
	880	+	5 and convincing evidence of error is required for withdrawal.
	881	+	6 After a response to a request for qualifications or a
	882	+	7 request for proposal has been submitted under this Section, a
	883	+	8 design-build entity may not replace, remove, or otherwise
	884	+	9 modify any firm identified as a member of the proposer's team
	885	+	10 unless authorized to do so by the school district.
	886	+	11 (105 ILCS 5/15A-40 new)
	887	+	12 Sec. 15A-40. Award; performance. The school district may
	888	+	13 award the contract to the highest overall ranked design-build
	889	+	14 entity. Notice of award must be made in writing. Unsuccessful
	890	+	15 design-build entities must also be notified in writing. The
	891	+	16 school district may not request a best and final offer after
	892	+	17 the receipt of proposals of all qualified design-build
	893	+	18 entities. The school district may negotiate with the selected
	894	+	19 design-build entity after the award, but prior to contract
	895	+	20 execution, for the purpose of securing better terms than
	896	+	21 originally proposed if the salient features of the request for
	897	+	22 proposal are not diminished.
	898	+	23 A design-build entity and associated design professionals
	899	+	24 must conduct themselves in accordance with the relevant laws
	900	+	25 of this State and the related provisions of the Illinois
	901	+
	902	+
	903	+
	904	+
	905	+
	906	+	SB1570 Enrolled - 26 - LRB103 05684 AWJ 50703 b
	907	+
	908	+
	909	+	SB1570 Enrolled- 27 -LRB103 05684 AWJ 50703 b SB1570 Enrolled - 27 - LRB103 05684 AWJ 50703 b
	910	+	SB1570 Enrolled - 27 - LRB103 05684 AWJ 50703 b
	911	+	1 Administrative Code.
	912	+	2 (105 ILCS 5/15A-45 new)
	913	+	3 Sec. 15A-45. Evaluation and report. At the end of every
	914	+	4 6-month period following the contract award, and again prior
	915	+	5 to final contract payout and closure, a selected design-build
	916	+	6 entity must detail, in a written report submitted to the
	917	+	7 school district, its efforts and success in implementing the
	918	+	8 entity's plan to comply with the utilization goals for
	919	+	9 business enterprises established in the Business Enterprise
	920	+	10 for Minorities, Women, and Persons with Disabilities Act and
	921	+	11 the provisions of Section 2-105 of the Illinois Human Rights
	922	+	12 Act.
	923	+	13 (105 ILCS 5/15A-50 new)
	924	+	14 Sec. 15A-50. Exception. Nothing in this Article prevents a
	925	+	15 school district from using a qualification-based selection
	926	+	16 process for design professionals or construction managers for
	927	+	17 design-build projects.
	928	+	18 (105 ILCS 5/15A-90 new)
	929	+	19 Sec. 15A-90. Severability. The provisions of this Article
	930	+	20 are severable under Section 1.31 of the Statute on Statutes.
	931	+
	932	+
	933	+
	934	+
	935	+
	936	+	SB1570 Enrolled - 27 - LRB103 05684 AWJ 50703 b