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Public Act 096-0777
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| HB3986 Enrolled |
LRB096 09396 RLJ 19553 b |
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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:
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(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 |
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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 |
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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 |
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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.
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(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 |
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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 |
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II submissions after the selection of entities
from the Phase I |
evaluation is completed.
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(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 |
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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 |
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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 |
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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 |
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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 |
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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.
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(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 |
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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 |