Public Act 102-0460

HB3160 Enrolled LRB102 14747 AWJ 20100 b

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Forest

Preserve District and Conservation District Design-Build

Authorization Act.

Section 5. Purpose. This purpose of this Act is to

authorize forest preserve districts and conservation districts

to use design-build processes to increase the efficiency and

effectiveness of delivering public projects.

Section 10. Definitions. As used in this Act:

"Delivery system" means the design and construction

approach used to develop and construct a project.

"Design-bid-build" means the traditional delivery system

used on public projects that incorporates the Local Government

Professional Services Selection Act, the competitive bidding

process set forth in Section 6 of the Conservation District

Act, the competitive bidding process set forth in subsection

(b) of Section 8 of the Downstate Forest Preserve District

Act, or the competitive bidding process set forth in Section

14 of the Cook County Forest Preserve District Act.

"Design-build" means a delivery system that provides

responsibility within a single contract for the furnishing of

architecture, engineering, land surveying, and related

services as required and the labor, materials, equipment, and

other construction services for the project.

"Design-build contract" means a contract for a public

project under this Act between a forest preserve district or

conservation district and a design-build entity to furnish:

architecture, engineering, land surveying, public art or

interpretive exhibits, and related services, as required; and

the labor, materials, equipment, and other construction

services for the project.

"Design-build entity" means any individual, sole

proprietorship, firm, partnership, joint venture, corporation,

professional corporation, or other entity that proposes to

design and construct any public project under this Act. A

design-build entity and associated design professionals shall

conduct themselves in accordance with the relevant laws of

this State and the related provisions of the Illinois

Administrative Code.

"Design professional" means any individual, sole

proprietorship, firm, partnership, joint venture, corporation,

professional corporation, or other entity that offers services

under the Illinois Architecture Practice Act of 1989, the

Professional Engineering Practice Act of 1989, the Structural

Engineering Practice Act of 1989, or the Illinois Professional

Land Surveyor Act of 1989.

"Evaluation criteria" means the requirements for the

separate phases of the selection process as defined in this

Act and may include the specialized experience, technical

qualifications and competence, capacity to perform, past

performance, experience with similar projects, assignment of

personnel to the project, and other appropriate factors.

"Proposal" means the offer to enter into a design-build

contract as submitted by a design-build entity in accordance

with this Act.

"Public art designer" means any individual, sole

proprietorship, firm, partnership, joint venture, corporation,

professional corporation, or other entity that has

demonstrated experience with the design and fabrication of

public art including any media that has been planned and

executed with the intention of being staged in the physical

public domain outside and accessible to all or any art which is

exhibited in a public space including publicly accessible

buildings, or interpretive exhibits including communication

media that is designed to engage, excite, inform, relate, or

reveal the intrinsic nature or indispensable quality of a

topic or story being presented.

"Request for proposal" means the document used by the

forest preserve district or conservation district to solicit

proposals for a design-build contract.

"Scope and performance criteria" means the requirements

for the public project, including, but not limited to, the

intended usage, capacity, size, scope, quality and performance

standards, life-cycle costs, and other programmatic criteria

that are expressed in performance-oriented and quantifiable

specifications and drawings that can be reasonably inferred

and are suited to allow a design-build entity to develop a

proposal.

Section 15. Solicitation of proposals.

(a) A forest preserve district or conservation district

may enter into design-build contracts. In addition to the

requirements set forth in its local ordinances, when the

forest preserve district or conservation district elects to

use the design-build delivery method, it must issue a notice

of intent to receive proposals for the project at least 14 days

before issuing the request for the proposal. The forest

preserve district or conservation district must publish the

advance notice in the manner prescribed by ordinance, which

shall include posting the advance notice online on its

website. The forest preserve district or conservation district

may publish the notice in construction industry publications

or post the notice on construction industry websites. A brief

description of the proposed procurement must be included in

the notice. The forest preserve district or conservation

district must provide a copy of the request for proposal to any

party requesting a copy.

(b) The request for proposal shall be prepared for each

project and must contain, without limitation, the following

information:

(1) The name of the forest preserve district or

conservation district.

(2) A preliminary schedule for the completion of the

contract.

(3) The proposed budget for the project, the source of

funds, and the currently available funds at the time the

request for proposal is submitted.

(4) Prequalification criteria for design-build

entities wishing to submit proposals. The forest preserve

district or conservation district shall include, at a

minimum, its normal prequalification, licensing,

registration, and other requirements; however, nothing

precludes the use of additional prequalification criteria

by the forest preserve district or conservation district.

(5) Material requirements of the contract, including,

but not limited to, the proposed terms and conditions,

required performance and payment bonds, insurance, and the

entity's plan to comply with the utilization goals for

business enterprises established in the Business

Enterprise for Minorities, Women, and Persons with

Disabilities Act and with Section 2-105 of the Illinois

Human Rights Act.

(6) The performance criteria.

(7) The evaluation criteria for each phase of the

solicitation. Price may not be used as a factor in the

evaluation of Phase I proposals.

(8) The number of entities that will be considered for

the technical and cost evaluation phase.

(c) The forest preserve district or conservation district

may include any other relevant information that it chooses to

supply. The design-build entity shall be entitled to rely upon

the accuracy of this documentation in the development of its

proposal.

(d) The date that proposals are due must be at least 21

calendar days after the date of the issuance of the request for

proposal. In the event the cost of the project is estimated to

exceed $12,000,000, then the proposal due date must be at

least 28 calendar days after the date of the issuance of the

request for proposal. The forest preserve district or

conservation district shall include in the request for

proposal a minimum of 30 days to develop the Phase II

submissions after the selection of entities from the Phase I

evaluation is completed.

Section 20. Development of scope and performance criteria.

(a) The forest preserve district or conservation district

shall develop, with the assistance of a licensed design

professional or public art designer, a request for proposal,

which shall include scope and performance criteria. The scope

and performance criteria must be in sufficient detail and

contain adequate information to reasonably apprise the

qualified design-build entities of the forest preserve

district's or conservation district's overall programmatic

needs and goals, including criteria and preliminary design

plans, general budget parameters, schedule, and delivery

requirements.

(b) Each request for proposal shall also include a

description of the level of design to be provided in the

proposals. This description must include the scope and type of

renderings, drawings, and specifications that, at a minimum,

will be required by the forest preserve district or

conservation district to be produced by the design-build

entities.

(c) The scope and performance criteria shall be prepared

by a design professional or public art designer who is an

employee of the forest preserve district or conservation

district, or the forest preserve district or conservation

district may contract with an independent design professional

or public art designer selected under the Local Government

Professional Services Selection Act to provide these services.

(d) The design professional or public art designer that

prepares the scope and performance criteria is prohibited from

participating in any design-build entity proposal for the

project.

(e) The design-build contract may be conditioned upon

subsequent refinements in scope and price and may allow the

forest preserve district or conservation district to make

modifications in the project scope without invalidating the

design-build contract.

Section 25. Procedures for Selection.

(a) The forest preserve district or conservation district

must use a two-phase procedure for the selection of the

successful design-build entity. Phase I of the procedure will

evaluate and shortlist the design-build entities based on

qualifications, and Phase II will evaluate the technical and

cost proposals.

(b) The forest preserve district or conservation district

shall include in the request for proposal the evaluating

factors to be used in Phase I. These factors are in addition to

any prequalification requirements of design-build entities

that the forest preserve district or conservation district has

set forth. Each request for proposal shall establish the

relative importance assigned to each evaluation factor and

subfactor, including any weighting of criteria to be employed

by the forest preserve district or conservation district. The

forest preserve district or conservation district must

maintain a record of the evaluation scoring to be disclosed in

event of a protest regarding the solicitation.

The forest preserve district or conservation district

shall include the following criteria in every Phase I

evaluation of design-build entities: (i) experience of

personnel; (ii) successful experience with similar project

types; (iii) financial capability; (iv) timeliness of past

performance; (v) experience with similarly sized projects;

(vi) successful reference checks of the firm; (vii) commitment

to assign personnel for the duration of the project and

qualifications of the entity's consultants; and (viii) ability

or past performance in meeting or exhausting good faith

efforts to meet the utilization goals for business enterprises

established in the Business Enterprise for Minorities, Women,

and Persons with Disabilities Act and with Section 2-105 of

the Illinois Human Rights Act. The forest preserve district or

conservation district may include any additional relevant

criteria in Phase I that it deems necessary for a proper

qualification review.

The forest preserve district or conservation district may

not consider any design-build entity for evaluation or award

if the entity has any pecuniary interest in the project or has

other relationships or circumstances, including, but not

limited to, long-term leasehold, mutual performance, or

development contracts with the forest preserve district or

conservation district, that may give the design-build entity a

financial or tangible advantage over other design-build

entities in the preparation, evaluation, or performance of the

design-build contract or that create the appearance of

impropriety. No proposal shall be considered that does not

include an entity's plan to comply with the requirements

established in the Business Enterprise for Minorities, Women,

and Persons with Disabilities Act, for both the design and

construction areas of performance, and with Section 2-105 of

the Illinois Human Rights Act.

Upon completion of the qualifications evaluation, the

forest preserve district or conservation district shall create

a shortlist of the most highly qualified design-build

entities. The forest preserve district or conservation

district, in its discretion, is not required to shortlist the

maximum number of entities as identified for Phase II

evaluation, provided that no less than 2 design-build entities

nor more than 6 are selected to submit Phase II proposals.

The forest preserve district or conservation district

shall notify the entities selected for the shortlist in

writing. This notification shall commence the period for the

preparation of the Phase II technical and cost evaluations.

The forest preserve district or conservation district must

allow sufficient time for the shortlist entities to prepare

their Phase II submittals considering the scope and detail

requested by the forest preserve district or conservation

district.

(c) The forest preserve district or conservation district

shall include in the request for proposal the evaluating

factors to be used in the technical and cost submission

components of Phase II. Each request for proposal shall

establish, for both the technical and cost submission

components of Phase II, the relative importance assigned to

each evaluation factor and subfactor, including any weighting

of criteria to be employed by the forest preserve district or

conservation district. The forest preserve district or

conservation district must maintain a record of the evaluation

scoring to be disclosed in event of a protest regarding the

solicitation.

The forest preserve district or conservation district

shall include the following criteria in every Phase II

technical evaluation of design-build entities: (i) compliance

with objectives of the project; (ii) compliance of proposed

services to the request for proposal requirements; (iii)

quality of products or materials proposed; (iv) quality of

design parameters; (v) design concepts; (vi) innovation in

meeting the scope and performance criteria; and (vii)

constructability of the proposed project. The forest preserve

district or conservation district may include any additional

relevant technical evaluation factors it deems necessary for

proper selection.

The forest preserve district or conservation district

shall include the following criteria in every Phase II cost

evaluation: the total project cost, the construction costs,

and the time of completion. The forest preserve or

conservation district may include any additional relevant

technical evaluation factors it deems necessary for proper

selection. The total project cost criteria weighing factor

shall not exceed 30%.

The forest preserve or conservation district shall

directly employ or retain a licensed design professional or a

public art designer to evaluate the technical and cost

submissions to determine if the technical submissions are in

accordance with generally accepted industry standards.

Upon completion of the technical submissions and cost

submissions evaluation, the forest preserve or conservation

district may award the design-build contract to the highest

overall ranked entity.

Section 30. Small projects. In any case where the total

overall cost of the project is estimated to be less than

$12,000,000, the forest preserve or conservation district may

combine the two-phase procedure for selection described in

Section 25 into one combined step, provided that all the

requirements of evaluation are performed in accordance with

Section 25.

Section 35. Submission of proposals. Proposals must be

properly identified and sealed. Proposals may not be reviewed

until after the deadline for submission has passed as set

forth in the request for proposals. All design-build entities

submitting proposals shall be disclosed after the deadline for

submission, and all design-build entities who are selected for

Phase II evaluation shall also be disclosed at the time of that

determination.

Proposals shall include a bid bond in the form and

security as designated in the request for proposals. Proposals

shall also contain a separate sealed envelope with the cost

information within the overall proposal submission. Proposals

shall include a list of all design professionals, public art

designers, and other entities to which any work may be

subcontracted during the performance of the contract.

Proposals must meet all material requirements of the

request for proposal or they may be rejected as

non-responsive. The forest preserve or conservation district

shall have the right to reject any and all proposals.

The drawings and specifications of the proposal may remain

the property of the design-build entity.

The forest preserve or conservation district shall review

the proposals for compliance with the performance criteria and

evaluation factors.

Proposals may be withdrawn prior to evaluation for any

cause. After evaluation begins by the forest preserve or

conservation district, clear and convincing evidence of error

is required for withdrawal.

Section 40. Award. The forest preserve or conservation

district may award the contract to the highest overall ranked

entity. Notice of award shall be made in writing. Unsuccessful

entities shall also be notified in writing. The forest

preserve or conservation district may not request a best and

final offer after the receipt of proposals. The forest

preserve or conservation district may negotiate with the

selected design-build entity after award but prior to contract

execution for the purpose of securing better terms than

originally proposed, provided that the salient features of the

request for proposal are not diminished.

Section 45. Reports and evaluation. At the end of every 6

month period following the contract award, and again prior to

final contract payout and closure, a selected design-build

entity shall detail, in a written report submitted to the

forest preserve or conservation district, its efforts and

success in implementing the entity's plan to comply with the

utilization goals for business enterprises established in the

Business Enterprise for Minorities, Women, and Persons with

Disabilities Act and the provisions of Section 2-105 of the

Illinois Human Rights Act.

Section 905. The Conservation District Act is amended by

changing Section 6 as follows:

(70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)

Sec. 6. Officers and employees. As soon as possible after

the initial election or the initial appointments, as the case

may be, the trustees shall organize by selecting from their

members a president, secretary, treasurer, and other officers

as are deemed necessary, who shall hold office for 2 years in

the case of an elected board, or the fiscal year in which

elected in the case of an appointed board, and until their

successors are selected and qualify. Three trustees shall

constitute a quorum of the board for the transaction of

business if the district has 5 trustees. If the district has 7

trustees, 4 trustees shall constitute a quorum of the board

for the transaction of business. The board shall hold regular

monthly meetings. Special meetings may be called by the

president and shall be called on the request of a majority of

members, as may be required.

The board shall provide for the proper and safe keeping of

its permanent records and for the recording of the corporate

action of the district. It shall keep a proper system of

accounts showing a true and accurate record of its receipts

and disbursements, and it shall cause an annual audit to be

made of its books, records, and accounts.

The records of the district shall be subject to public

inspection at all reasonable hours and under regulations as

the board may prescribe.

The district shall annually make a full and complete

report to the county board of each county within the district

and to the Department of Natural Resources of its transactions

and operations for the preceding year. The report shall

contain a full statement of its receipts, disbursements, and

the program of work for the period covered, and may include

recommendations as may be deemed advisable.

Executive or ministerial duties may be delegated to one or

more trustees or to an authorized officer, employee, agent,

attorney, or other representative of the district.

All officers and employees authorized to receive or retain

the custody of money or to sign vouchers, checks, warrants, or

evidences of indebtedness binding upon the district shall

furnish surety bond for the faithful performance of their

duties and the faithful accounting for all moneys that may

come into their hands in an amount to be fixed and in a form to

be approved by the board.

All contracts for supplies, material, or work involving an

expenditure in excess of $30,000 $25,000, or a lower amount if

required by board policy, shall be let to the lowest

responsible bidder, after due advertisement, excepting work

requiring personal confidence or necessary supplies under the

control of monopolies, where competitive bidding is

impossible, or as otherwise provided in the Forest Preserve

District and Conservation District Design-Build Authorization

Act. All contracts for supplies, material, or work shall be

signed by the president of the board and by any other officer

as the board in its discretion may designate.

(Source: P.A. 99-771, eff. 8-12-16.)

Section 910. The Downstate Forest Preserve District Act is

amended by changing Section 8 as follows:

(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)

Sec. 8. Powers and duties of corporate authority and

officers; contracts; salaries.

(a) The board shall be the corporate authority of such

forest preserve district and shall have power to pass and

enforce all necessary ordinances, rules and regulations for

the management of the property and conduct of the business of

such district. The president of such board shall have power to

appoint such employees as may be necessary. In counties with

population of less than 3,000,000, within 60 days after their

selection the commissioners appointed under the provisions of

Section 3a of this Act shall organize by selecting from their

members a president, vice president, secretary, treasurer and

such other officers as are deemed necessary who shall hold

office for the fiscal year in which elected and until their

successors are selected and qualify. In the one district in

existence on July 1, 1977, that is managed by an appointed

board of commissioners, the incumbent president and the other

officers appointed in the manner as originally prescribed in

this Act shall hold such offices until the completion of their

respective terms or in the case of the officers other than

president until their successors are appointed by said

president, but in all cases not to extend beyond January 1,

1980 and until their successors are selected and qualify.

Thereafter, the officers shall be selected in the manner as

prescribed in this Section except that their first term of

office shall not expire until June 30, 1981 and until their

successors are selected and qualify.

(a-5) An officer selected pursuant to subsection (a) may

be removed, with or without cause, upon a motion adopted by an

affirmative vote of four-fifths of the board of the forest

preserve district. Upon adoption of a motion to remove an

officer: (i) the office becomes vacant and the former

officer's compensation shall be prorated to the date the

motion was approved; (ii) if the officer removed is the

president then the vice president immediately assumes the

duties of the president without president compensation and, if

the officer removed is the vice president, treasurer, or

secretary, then the president shall select an interim

appointee who shall serve until the next regularly scheduled

forest preserve district board meeting; and (iii) a new

officer shall be selected at the next regularly scheduled

forest preserve district board meeting. An officer removed

under this Section maintains his or her status as a member of

the forest preserve district board.

(b) In any county, city, village, incorporated town or

sanitary district where the corporate authorities act as the

governing body of a forest preserve district, the person

exercising the powers of the president of the board shall have

power to appoint a secretary and an assistant secretary and

treasurer and an assistant treasurer and such other officers

and such employees as may be necessary. The assistant

secretary and assistant treasurer shall perform the duties of

the secretary and treasurer, respectively in case of death of

such officers or when such officers are unable to perform the

duties of their respective offices. All contracts for

supplies, material or work involving an expenditure in excess

of $30,000 $25,000, or a lower amount if required by board

policy, shall be let to the lowest responsible bidder, after

advertising at least once in one or more newspapers of general

circulation within the district, excepting work requiring

personal confidence or necessary supplies under the control of

monopolies, where competitive bidding is impossible, or as

otherwise provided in the Forest Preserve District and

Conservation District Design-Build Authorization Act.

Contracts for supplies, material or work involving an

expenditure of $30,000 $25,000, or a lower amount if required

by board policy, or less may be let without advertising for

bids, but whenever practicable, at least 3 competitive bids

shall be obtained before letting such contract. All contracts

for supplies, material or work shall be signed by the

president of the board of commissioners or by any such other

officer as the board in its discretion may designate.

(c) The president of any board of commissioners appointed

under the provisions of Section 3a of this Act shall receive a

salary not to exceed the sum of $2500 per annum and the salary

of other members of the board so appointed shall not exceed

$1500 per annum. Salaries of the commissioners, officers and

employees shall be fixed by ordinance.

(d) Whenever a forest preserve district owns any personal

property that, in the opinion of three-fifths of the members

of the board of commissioners, is no longer necessary, useful

to, or for the best interests of the forest preserve district,

then three-fifths of the members of the board, at any regular

meeting or any special meeting called for that purpose by an

ordinance or resolution that includes a general description of

the personal property, may authorize the conveyance or sale of

that personal property in any manner that they may designate,

with or without advertising the sale.

(Source: P.A. 101-544, eff. 8-23-19.)

Section 915. The Cook County Forest Preserve District Act

is amended by changing Section 14 as follows:

(70 ILCS 810/14) (from Ch. 96 1/2, par. 6417)

Sec. 14. The board, as corporate authority of a forest

preserve district, shall have power to pass and enforce all

necessary ordinances, rules and regulations for the management

of the property and conduct of the business of such district.

The president of such board shall have power to appoint a

secretary and an assistant secretary, and treasurer and an

assistant treasurer and such other officers and such employees

as may be necessary, all of whom, excepting the treasurer and

attorneys, shall be under civil service rules and regulations,

as provided in Section 17 of this Act. The assistant secretary

and assistant treasurer shall perform the duties of the

secretary and treasurer, respectively, in case of death of

said officers or when said officers are unable to perform the

duties of their respective offices because of absence or

inability to act. All contracts for supplies, material or work

involving an expenditure by forest preserve districts in

excess of $30,000 $25,000 shall be let to the lowest

responsible bidder, after due advertisement, excepting work

requiring personal confidence or necessary supplies under the

control of monopolies, where competitive bidding is

impossible, or as otherwise provided in the Forest Preserve

District and Conservation District Design-Build Authorization

Act. Contracts for supplies, material or work involving an

expenditure of $30,000 $25,000 or less may be let without

advertising for bids, but whenever practicable, at least 3

competitive bids shall be obtained before letting such

contract. Notwithstanding the provisions of this Section, a

forest preserve district may establish procedures to comply

with State and federal regulations concerning affirmative

action and the use of small businesses or businesses owned by

minorities or women in construction and procurement contracts.

All contracts for supplies, material or work shall be signed

by the president of the board or by any such other officer as

the board in its discretion may designate.

Salaries of employees shall be fixed by ordinance.

(Source: P.A. 99-264, eff. 1-1-16.)

Section 997. Severability. The provisions of this Act are

severable under Section 1.31 of the Statute on Statutes.

Section 999. Effective date. This Act takes effect June 1,

2022.