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| Public Act 096-0777 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Chicago Park District Act is amended by | ||||
adding Sections 26.10-4, 26.10-5, 26.10-6, 26.10-7, 26.10-8, | ||||
26.10-9, 26.10-10, and 26.10-11 as follows: | ||||
(70 ILCS 1505/26.10-4 new) | ||||
Sec. 26.10-4. Definitions. The following terms, whenever | ||||
used or referred to in this Act, have the following meaning | ||||
unless the context requires a different meaning: | ||||
"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 (50 ILCS 510/) and the
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principles of competitive selection.
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"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.
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"Design-build contract" means a contract for a public | ||||
project under this Act
between the Chicago Park District and a | ||||
design-build entity to furnish
architecture,
engineering, land | ||
surveying, landscape architecture, and related services as | ||
required, and to furnish
the labor, materials, equipment, and | ||
other construction services for the
project. The design-build | ||
contract may be conditioned upon subsequent
refinements in | ||
scope and price and may allow the Chicago Park District to
make
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modifications in the project scope without invalidating the | ||
design-build
contract.
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"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-build professionals | ||
shall conduct themselves in accordance with the laws of this | ||
State and the related provisions of the Illinois Administrative | ||
Code, as referenced by the licensed design professionals Acts | ||
of this State.
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"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 (225 ILCS | ||
305/), the Professional Engineering Practice Act of 1989 (225
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ILCS 325/),
the Structural Engineering Licensing Act of 1989 | ||
(225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | ||
of 1989 (225 ILCS 330/).
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"Landscape architect design professional" means any | ||
person, sole proprietorship, or entity such as a partnership, | ||
professional service corporation, or corporation that offers | ||
services under the Illinois Landscape Architecture Act of 1989. | ||
"Evaluation criteria" means the requirements for the | ||
separate phases of the
selection process for design-build | ||
proposals 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. Price may not be used as a | ||
factor in
the evaluation of Phase I proposals.
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"Proposal" means the offer to enter into a design-build | ||
contract as submitted
by a design-build entity in accordance | ||
with this Act.
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"Request for proposal" means the document used by the | ||
Chicago Park District
to solicit
proposals for a design-build | ||
contract.
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"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
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are suited to allow a design-build entity to develop a | ||
proposal.
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"Guaranteed maximum price" means a form of contract in | ||
which compensation may vary according to the scope of work | ||
involved but in any case may not exceed an agreed total amount.
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(70 ILCS 1505/26.10-5 new) | ||
Sec. 26.10-5. Authorization for design-build; | ||
advertisement. | ||
(a) The Chicago Park District shall have the power to enter | ||
into design-build contracts. In addition to the requirements | ||
set forth in its ordinances, the Chicago Park District shall | ||
advertise a design-build solicitation at least once in a daily | ||
newspaper of general circulation in Cook County. The date that | ||
Phase I submissions by design-build entities are due must be at | ||
least 14 calendar days after the date the newspaper | ||
advertisement for design-build proposals is first published. | ||
The advertisement shall identify the design-build project, the | ||
due date, the place and time for Phase I submissions, and the | ||
place where proposers can obtain a complete copy of the request | ||
for design-build proposals, including the criteria for | ||
evaluation and the scope and performance criteria. The Chicago | ||
Park District is not precluded from using other media or from | ||
placing advertisements in addition to the one required under | ||
this subsection. | ||
(b) The Chicago Park District may reject any and all bids | ||
and proposals received and may readvertise for bids or issue a | ||
new request for design-build proposals. | ||
(70 ILCS 1505/26.10-6 new) | ||
Sec. 26.10-6. Solicitation of design-build proposals. | ||
(a) When the Chicago Park 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 Chicago Park District
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must publish the advance notice in a daily newspaper of general | ||
circulation in Cook County. The
Chicago Park District is | ||
encouraged to use publication of the notice in related | ||
construction
industry service publications. A brief | ||
description of the proposed procurement
must be included in the | ||
notice. The Chicago Park District must provide a
copy of the
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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) A preliminary schedule for the completion of the | ||
contract.
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(2) The proposed budget for the project, the source of | ||
funds, and the
currently available funds at the time the | ||
request for proposal is submitted.
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(3) Prequalification criteria for design-build | ||
entities wishing to submit
proposals.
The Chicago Park | ||
District shall include, at a minimum, its normal
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prequalification, licensing, registration, and other | ||
requirements, but nothing
contained herein precludes the | ||
use of additional prequalification criteria
by the Chicago | ||
Park District.
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(4) 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 | ||
established by the corporate authorities of the Chicago | ||
Park District for minority and women business enterprises | ||
and to comply with Section 2-105 of the Illinois Human | ||
Rights Act.
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(5) The performance criteria.
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(6) The evaluation criteria for each phase of the | ||
solicitation.
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(7) The number of entities that will be considered for | ||
the technical and
cost
evaluation phase.
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(c) The Chicago Park 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
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28 calendar days after the date of the issuance of the request | ||
for proposal.
The Chicago Park 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. | ||
(70 ILCS 1505/26.10-7 new) | ||
Sec. 26.10-7. Development of design-build scope and | ||
performance criteria. | ||
(a) The Chicago Park District shall develop, with the | ||
assistance of a
licensed design professional or a landscape | ||
architect design professional, as appropriate, a request
for | ||
proposal, which shall include scope and performance criteria.
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The scope and performance criteria must be in sufficient detail | ||
and contain
adequate information to reasonably apprise the | ||
qualified design-build entities
of the Chicago Park 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,
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will be required by the Chicago Park District to be produced by | ||
the
design-build entities.
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(c) The scope and performance criteria shall be prepared by | ||
a design
professional or a landscape architect design | ||
professional, as appropriate, who is an employee of the Chicago | ||
Park District, or the Chicago Park District may
contract with | ||
an independent design professional selected under the
Local | ||
Government Professional Services Selection Act (50 ILCS 510/) | ||
to provide these services.
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(d) The design professional or landscape architect design | ||
professional that prepares the scope and performance criteria
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is prohibited from participating in any design-build entity | ||
proposal for the
project.
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(70 ILCS 1505/26.10-8 new) | ||
Sec. 26.10-8. Procedures for design-build selection. | ||
(a) The Chicago Park 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
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will
evaluate the technical and cost proposals. | ||
(b) The Chicago Park 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 Chicago Park | ||
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 Chicago Park District. The Chicago Park | ||
District must maintain a
record of the evaluation scoring to be | ||
disclosed in event of a protest
regarding the solicitation.
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The Chicago Park District shall include the following | ||
criteria in every
Phase I
evaluation of design-build entities: | ||
(1) experience of personnel; (2)
successful
experience with | ||
similar project types; (3) financial capability; (4) | ||
timeliness
of past performance; (5) experience with similarly | ||
sized projects; (6)
successful reference checks of the firm; | ||
(7) commitment to assign personnel
for the duration of the | ||
project and qualifications of the entity's consultants; and (8) | ||
ability or past performance in meeting or exhausting good faith | ||
efforts to meet the utilization goals for minority and women | ||
business enterprises established by the corporate authorities | ||
of the Chicago Park District and in complying with Section | ||
2-105 of the Illinois Human Rights Act. The Chicago Park | ||
District may include any additional relevant criteria in Phase | ||
I that it deems necessary for a proper qualification review.
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The Chicago Park District may include any additional relevant | ||
criteria in
Phase I that
it deems necessary for a proper | ||
qualification review.
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The Chicago Park 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
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leasehold, mutual performance, or development contracts with | ||
the Chicago Park 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 design-build proposal shall be | ||
considered that does not include an entity's plan to comply | ||
with the requirements established in the minority and women | ||
business enterprises and economically disadvantaged firms | ||
established by the corporate authorities of the Chicago Park | ||
District and with Section 2-105 of the Illinois Human Rights | ||
Act.
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Upon completion of the qualifications evaluation, the | ||
Chicago Park District shall
create a shortlist of the most | ||
highly qualified design-build entities. The
Chicago Park | ||
District, in its discretion, is not required to shortlist the
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maximum number of
entities as identified for Phase II | ||
evaluation, provided however, no less than
2
design-build | ||
entities nor more than 6 are selected to submit Phase II
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proposals.
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The Chicago Park 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 Chicago Park District must
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allow sufficient
time for the shortlist entities to prepare | ||
their Phase II submittals
considering
the scope and detail | ||
requested by the Chicago Park District.
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(c) The Chicago Park 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 Chicago Park | ||
District. The Chicago Park District must
maintain a record of | ||
the
evaluation scoring to be disclosed in event of a protest | ||
regarding the
solicitation.
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The Chicago Park District shall include the following | ||
criteria in every
Phase II
technical evaluation of design-build | ||
entities: (1) compliance with objectives
of
the
project; (2) | ||
compliance of proposed services to the request for proposal
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requirements; (3) quality of products or materials proposed; | ||
(4) quality of
design parameters; (5) design concepts; (6) | ||
innovation in meeting the scope and
performance criteria; and | ||
(7) constructability of the
proposed project. The Chicago Park | ||
District may include any additional
relevant
technical | ||
evaluation factors it deems necessary for proper selection.
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The Chicago Park District shall include the following | ||
criteria in every
Phase II cost
evaluation: the guaranteed | ||
maximum project cost and the time of
completion. The Chicago | ||
Park District may include any additional relevant
technical
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evaluation factors it deems necessary for proper selection. The | ||
guaranteed maximum project cost criteria weighing factor shall | ||
not exceed 30%.
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The Chicago Park District shall directly employ or retain a | ||
licensed
design
professional or landscape architect design | ||
professional, as appropriate, to evaluate the technical and | ||
cost submissions to determine if the
technical submissions are | ||
in accordance with generally
accepted industry standards.
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Upon completion of the technical submissions and cost | ||
submissions evaluation,
the Chicago Park District may award the | ||
design-build contract to the
highest
overall ranked entity.
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(70 ILCS 1505/26.10-9 new) | ||
Sec. 26.10-9. Small design-build projects. In any case | ||
where the total overall cost of the
project is estimated to be | ||
less than $12,000,000, the Chicago Park District
may combine
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the two-phase procedure for design-build selection described | ||
in Section 26.10-8 into one combined
step, provided that all | ||
the requirements of evaluation are performed in
accordance with | ||
Section 26.10-8. | ||
(70 ILCS 1505/26.10-10 new) | ||
Sec. 26.10-10. Submission of design-build proposals. | ||
Design-build proposals must be properly identified
and sealed. | ||
Proposals may not be reviewed until after the deadline for
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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. | ||
Phase II design-build 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
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envelope with the cost information within the overall proposal | ||
submission.
Proposals shall include a list of all design | ||
professionals, landscape architect design professionals, and | ||
other entities
to which any work may be subcontracted during | ||
the performance of the contract.
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Proposals must meet all material requirements of the | ||
request for proposal or
they may be rejected as non-responsive. | ||
The Chicago Park District shall
have the right
to reject any | ||
and all proposals.
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The drawings and specifications of any unsuccessful | ||
design-build proposal shall remain the property of
the | ||
design-build entity.
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The Chicago Park District shall review the proposals for | ||
compliance with
the
performance criteria and evaluation | ||
factors.
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Proposals may be withdrawn prior to the due date and time | ||
for submissions for any cause. After
evaluation begins by the | ||
Chicago Park District, clear and convincing
evidence of error
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is required for withdrawal.
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(70 ILCS 1505/26.10-11 new) | ||
Sec. 26.10-11. Design-build award. The Chicago Park | ||
District may award a design-build contract to
the highest
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overall ranked entity. Notice of award shall be made in | ||
writing. Unsuccessful
entities shall also be notified in | ||
writing. The Chicago Park District may
not request a
best and | ||
final offer after the receipt of proposals. The Chicago Park | ||
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
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diminished.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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