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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Chicago Park District Act is amended by | ||||||
5 | adding Sections 26.10-4, 26.10-5, 26.10-6, 26.10-7, 26.10-8, | ||||||
6 | 26.10-9, 26.10-10, and 26.10-11 as follows: | ||||||
7 | (70 ILCS 1505/26.10-4 new) | ||||||
8 | Sec. 26.10-4. Definitions. The following terms, whenever | ||||||
9 | used or referred to in this Act, have the following meaning | ||||||
10 | unless the context requires a different meaning: | ||||||
11 | "Delivery system" means the design and construction | ||||||
12 | approach used to develop and construct a project. | ||||||
13 | "Design-bid-build" means the traditional delivery system | ||||||
14 | used on public
projects that incorporates the Local Government | ||||||
15 | Professional Services Selection Act (50 ILCS 510/) and the
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16 | principles of competitive selection.
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17 | "Design-build" means a delivery system that provides | ||||||
18 | responsibility within a
single contract for the furnishing of | ||||||
19 | architecture, engineering, land surveying
and related services | ||||||
20 | as required, and the labor, materials, equipment, and
other | ||||||
21 | construction services for the project.
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22 | "Design-build contract" means a contract for a public | ||||||
23 | project under this Act
between the Chicago Park District and a |
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1 | design-build entity to furnish
architecture,
engineering, land | ||||||
2 | surveying, and related services as required, and to furnish
the | ||||||
3 | labor, materials, equipment, and other construction services | ||||||
4 | for the
project. The design-build contract may be conditioned | ||||||
5 | upon subsequent
refinements in scope and price and may allow | ||||||
6 | the Chicago Park District to
make
modifications in the project | ||||||
7 | scope without invalidating the design-build
contract.
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8 | "Design-build entity" means any individual, sole | ||||||
9 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
10 | professional corporation, or other
entity that proposes to | ||||||
11 | design and construct any public project under this Act.
A | ||||||
12 | design-build entity and associated design-build professionals | ||||||
13 | shall conduct themselves in accordance with the laws of this | ||||||
14 | State and the related provisions of the Illinois Administrative | ||||||
15 | Code, as referenced by the licensed design professionals Acts | ||||||
16 | of this State.
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17 | "Design professional" means any individual, sole | ||||||
18 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
19 | professional corporation, or other
entity that offers services | ||||||
20 | under the Illinois Architecture Practice Act of
1989 (225 ILCS | ||||||
21 | 305/), the Professional Engineering Practice Act of 1989 (225
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22 | ILCS 325/),
the Structural Engineering Licensing Act of 1989 | ||||||
23 | (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | ||||||
24 | of 1989 (225 ILCS 330/).
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25 | "Evaluation criteria" means the requirements for the | ||||||
26 | separate phases of the
selection process for design-build |
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1 | proposals as defined in this Act and may include the | ||||||
2 | specialized
experience, technical qualifications and | ||||||
3 | competence, capacity to perform, past
performance, experience | ||||||
4 | with similar projects, assignment of personnel to the
project, | ||||||
5 | and other appropriate factors. Price may not be used as a | ||||||
6 | factor in
the evaluation of Phase I proposals.
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7 | "Proposal" means the offer to enter into a design-build | ||||||
8 | contract as submitted
by a design-build entity in accordance | ||||||
9 | with this Act.
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10 | "Request for proposal" means the document used by the | ||||||
11 | Chicago Park District
to solicit
proposals for a design-build | ||||||
12 | contract.
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13 | "Scope and performance criteria" means the requirements | ||||||
14 | for the public
project, including but not limited to, the | ||||||
15 | intended usage, capacity, size,
scope, quality and performance | ||||||
16 | standards, life-cycle costs, and other
programmatic criteria | ||||||
17 | that are expressed in performance-oriented and
quantifiable | ||||||
18 | specifications and drawings that can be reasonably inferred and
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19 | are suited to allow a design-build entity to develop a | ||||||
20 | proposal.
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21 | "Guaranteed maximum price" means a form of contract in | ||||||
22 | which compensation may vary according to the scope of work | ||||||
23 | involved but in any case may not exceed an agreed total amount.
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24 | (70 ILCS 1505/26.10-5 new) | ||||||
25 | Sec. 26.10-5. Authorization for design-build; |
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1 | advertisement. | ||||||
2 | (a) The Chicago Park District shall have the power to enter | ||||||
3 | into design-build contracts. In addition to the requirements | ||||||
4 | set forth in its ordinances, the Chicago Park District shall | ||||||
5 | advertise a design-build solicitation at least once in a daily | ||||||
6 | newspaper of general circulation in Cook County. The date that | ||||||
7 | Phase I submissions by design-build entities are due must be at | ||||||
8 | least 14 calendar days after the date the newspaper | ||||||
9 | advertisement for design-build proposals is first published. | ||||||
10 | The advertisement shall identify the design-build project, the | ||||||
11 | due date, the place and time for Phase I submissions, and the | ||||||
12 | place where proposers can obtain a complete copy of the request | ||||||
13 | for design-build proposals, including the criteria for | ||||||
14 | evaluation and the scope and performance criteria. The Chicago | ||||||
15 | Park District is not precluded from using other media or from | ||||||
16 | placing advertisements in addition to the one required under | ||||||
17 | this subsection. | ||||||
18 | (b) The Chicago Park District may reject any and all bids | ||||||
19 | and proposals received and may readvertise for bids or issue a | ||||||
20 | new request for design-build proposals. | ||||||
21 | (70 ILCS 1505/26.10-6 new) | ||||||
22 | Sec. 26.10-6. Solicitation of design-build proposals. | ||||||
23 | (a) When the Chicago Park District elects to use the | ||||||
24 | design-build delivery
method, it must
issue a notice of intent | ||||||
25 | to receive proposals for the project at
least 14 days before |
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1 | issuing the request for the proposal. The Chicago Park District
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2 | must publish the advance notice in a daily newspaper of general | ||||||
3 | circulation in Cook County. The
Chicago Park District is | ||||||
4 | encouraged to use publication of the notice in related | ||||||
5 | construction
industry service publications. A brief | ||||||
6 | description of the proposed procurement
must be included in the | ||||||
7 | notice. The Chicago Park District must provide a
copy of the
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8 | request for proposal to any party requesting a copy. | ||||||
9 | (b) The request for proposal shall be prepared for each | ||||||
10 | project and must
contain, without limitation, the following | ||||||
11 | information: | ||||||
12 | (1) A preliminary schedule for the completion of the | ||||||
13 | contract.
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14 | (2) The proposed budget for the project, the source of | ||||||
15 | funds, and the
currently available funds at the time the | ||||||
16 | request for proposal is submitted.
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17 | (3) Prequalification criteria for design-build | ||||||
18 | entities wishing to submit
proposals.
The Chicago Park | ||||||
19 | District shall include, at a minimum, its normal
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20 | prequalification, licensing, registration, and other | ||||||
21 | requirements, but nothing
contained herein precludes the | ||||||
22 | use of additional prequalification criteria
by the Chicago | ||||||
23 | Park District.
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24 | (4) Material requirements of the contract, including | ||||||
25 | but not limited to,
the proposed terms and conditions, | ||||||
26 | required performance and payment bonds,
insurance, and the |
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1 | entity's plan to comply with the utilization goals | ||||||
2 | established by the corporate authorities of the Chicago | ||||||
3 | Park District for minority and women business enterprises | ||||||
4 | and to comply with Section 2-105 of the Illinois Human | ||||||
5 | Rights Act.
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6 | (5) The performance criteria.
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7 | (6) The evaluation criteria for each phase of the | ||||||
8 | solicitation.
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9 | (7) The number of entities that will be considered for | ||||||
10 | the technical and
cost
evaluation phase.
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11 | (c) The Chicago Park District may include any other | ||||||
12 | relevant information
that it
chooses to supply. The | ||||||
13 | design-build entity shall be entitled to rely upon the
accuracy | ||||||
14 | of this documentation in the development of its proposal. | ||||||
15 | (d) The date that proposals are due must be at least 21 | ||||||
16 | calendar days after
the date of the issuance of the request for | ||||||
17 | proposal. In the event the cost of
the project
is estimated to | ||||||
18 | exceed $12,000,000, then the proposal due date must be at least
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19 | 28 calendar days after the date of the issuance of the request | ||||||
20 | for proposal.
The Chicago Park District shall include in the | ||||||
21 | request for proposal a
minimum of 30 days
to develop the Phase | ||||||
22 | II submissions after the selection of entities
from the Phase I | ||||||
23 | evaluation is completed. | ||||||
24 | (70 ILCS 1505/26.10-7 new) | ||||||
25 | Sec. 26.10-7. Development of design-build scope and |
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1 | performance criteria. | ||||||
2 | (a) The Chicago Park District shall develop, with the | ||||||
3 | assistance of a
licensed design professional, a request
for | ||||||
4 | proposal, which shall include scope and performance criteria.
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5 | The scope and performance criteria must be in sufficient detail | ||||||
6 | and contain
adequate information to reasonably apprise the | ||||||
7 | qualified design-build entities
of the Chicago Park District's | ||||||
8 | overall programmatic needs and goals,
including criteria and | ||||||
9 | preliminary design plans,
general budget parameters, schedule, | ||||||
10 | and delivery requirements. | ||||||
11 | (b) Each request for proposal shall also include a | ||||||
12 | description of the level
of design to be provided in the | ||||||
13 | proposals. This description must include the
scope and type of | ||||||
14 | renderings, drawings, and specifications that, at a minimum,
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15 | will be required by the Chicago Park District to be produced by | ||||||
16 | the
design-build entities.
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17 | (c) The scope and performance criteria shall be prepared by | ||||||
18 | a design
professional who is an employee of the Chicago Park | ||||||
19 | District, or the Chicago Park District may
contract with an | ||||||
20 | independent design professional selected under the
Local | ||||||
21 | Government Professional Services Selection Act (50 ILCS 510/) | ||||||
22 | to provide these services.
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23 | (d) The design professional that prepares the scope and | ||||||
24 | performance criteria
is prohibited from participating in any | ||||||
25 | design-build entity proposal for the
project.
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1 | (70 ILCS 1505/26.10-8 new) | ||||||
2 | Sec. 26.10-8. Procedures for design-build selection. | ||||||
3 | (a) The Chicago Park District must use a two-phase | ||||||
4 | procedure for the
selection of the
successful design-build | ||||||
5 | entity. Phase I of the procedure will evaluate and
shortlist | ||||||
6 | the design-build entities based on qualifications, and Phase II
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7 | will
evaluate the technical and cost proposals. | ||||||
8 | (b) The Chicago Park District shall include in the request | ||||||
9 | for proposal
the
evaluating factors to be used in Phase I. | ||||||
10 | These factors are in addition to any
prequalification | ||||||
11 | requirements of design-build entities that the Chicago Park | ||||||
12 | District has set
forth. Each request for proposal shall | ||||||
13 | establish the relative importance
assigned to each evaluation | ||||||
14 | factor and subfactor, including any weighting of
criteria to be | ||||||
15 | employed by the Chicago Park District. The Chicago Park | ||||||
16 | District must maintain a
record of the evaluation scoring to be | ||||||
17 | disclosed in event of a protest
regarding the solicitation.
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18 | The Chicago Park District shall include the following | ||||||
19 | criteria in every
Phase I
evaluation of design-build entities: | ||||||
20 | (1) experience of personnel; (2)
successful
experience with | ||||||
21 | similar project types; (3) financial capability; (4) | ||||||
22 | timeliness
of past performance; (5) experience with similarly | ||||||
23 | sized projects; (6)
successful reference checks of the firm; | ||||||
24 | (7) commitment to assign personnel
for the duration of the | ||||||
25 | project and qualifications of the entity's consultants; and (8) | ||||||
26 | ability or past performance in meeting or exhausting good faith |
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1 | efforts to meet the utilization goals for minority and women | ||||||
2 | business enterprises established by the corporate authorities | ||||||
3 | of the Chicago Park District and in complying with Section | ||||||
4 | 2-105 of the Illinois Human Rights Act. The Chicago Park | ||||||
5 | District may include any additional relevant criteria in Phase | ||||||
6 | I that it deems necessary for a proper qualification review.
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7 | The Chicago Park District may include any additional relevant | ||||||
8 | criteria in
Phase I that
it deems necessary for a proper | ||||||
9 | qualification review.
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10 | The Chicago Park District may not consider any design-build | ||||||
11 | entity for
evaluation or
award if the entity has any pecuniary | ||||||
12 | interest in the project or has other
relationships or | ||||||
13 | circumstances, including but not limited to, long-term
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14 | leasehold, mutual performance, or development contracts with | ||||||
15 | the Chicago Park District,
that may give the design-build | ||||||
16 | entity a financial or tangible advantage over
other | ||||||
17 | design-build entities in the preparation, evaluation, or | ||||||
18 | performance of
the
design-build contract or that create the | ||||||
19 | appearance of impropriety. No design-build proposal shall be | ||||||
20 | considered that does not include an entity's plan to comply | ||||||
21 | with the requirements established in the minority and women | ||||||
22 | business enterprises and economically disadvantaged firms | ||||||
23 | established by the corporate authorities of the Chicago Park | ||||||
24 | District and with Section 2-105 of the Illinois Human Rights | ||||||
25 | Act.
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26 | Upon completion of the qualifications evaluation, the |
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1 | Chicago Park District shall
create a shortlist of the most | ||||||
2 | highly qualified design-build entities. The
Chicago Park | ||||||
3 | District, in its discretion, is not required to shortlist the
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4 | maximum number of
entities as identified for Phase II | ||||||
5 | evaluation, provided however, no less than
2
design-build | ||||||
6 | entities nor more than 6 are selected to submit Phase II
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7 | proposals.
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8 | The Chicago Park District shall notify the entities | ||||||
9 | selected for the
shortlist in
writing. This notification shall | ||||||
10 | commence the period for the preparation of the
Phase II | ||||||
11 | technical and cost evaluations. The Chicago Park District must
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12 | allow sufficient
time for the shortlist entities to prepare | ||||||
13 | their Phase II submittals
considering
the scope and detail | ||||||
14 | requested by the Chicago Park District.
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15 | (c) The Chicago Park District shall include in the request | ||||||
16 | for proposal
the
evaluating factors to be used in the technical | ||||||
17 | and cost submission components
of Phase II. Each request for | ||||||
18 | proposal shall establish, for both the technical
and cost | ||||||
19 | submission components of Phase II, the relative importance | ||||||
20 | assigned to
each evaluation factor and subfactor, including any | ||||||
21 | weighting of criteria to be
employed by the Chicago Park | ||||||
22 | District. The Chicago Park District must
maintain a record of | ||||||
23 | the
evaluation scoring to be disclosed in event of a protest | ||||||
24 | regarding the
solicitation.
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25 | The Chicago Park District shall include the following | ||||||
26 | criteria in every
Phase II
technical evaluation of design-build |
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1 | entities: (1) compliance with objectives
of
the
project; (2) | ||||||
2 | compliance of proposed services to the request for proposal
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3 | requirements; (3) quality of products or materials proposed; | ||||||
4 | (4) quality of
design parameters; (5) design concepts; (6) | ||||||
5 | innovation in meeting the scope and
performance criteria; and | ||||||
6 | (7) constructability of the
proposed project. The Chicago Park | ||||||
7 | District may include any additional
relevant
technical | ||||||
8 | evaluation factors it deems necessary for proper selection.
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9 | The Chicago Park District shall include the following | ||||||
10 | criteria in every
Phase II cost
evaluation: the guaranteed | ||||||
11 | maximum project cost and the time of
completion. The Chicago | ||||||
12 | Park District may include any additional relevant
technical
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13 | evaluation factors it deems necessary for proper selection. The | ||||||
14 | guaranteed maximum project cost criteria weighing factor shall | ||||||
15 | not exceed 30%.
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16 | The Chicago Park District shall directly employ or retain a | ||||||
17 | licensed
design
professional to evaluate the technical and cost | ||||||
18 | submissions to determine if the
technical submissions are in | ||||||
19 | accordance with generally
accepted industry standards.
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20 | Upon completion of the technical submissions and cost | ||||||
21 | submissions evaluation,
the Chicago Park District may award the | ||||||
22 | design-build contract to the
highest
overall ranked entity.
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23 | (70 ILCS 1505/26.10-9 new) | ||||||
24 | Sec. 26.10-9. Small design-build projects. In any case | ||||||
25 | where the total overall cost of the
project is estimated to be |
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1 | less than $12,000,000, the Chicago Park District
may combine
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2 | the two-phase procedure for design-build selection described | ||||||
3 | in Section 26.10-8 into one combined
step, provided that all | ||||||
4 | the requirements of evaluation are performed in
accordance with | ||||||
5 | Section 26.10-8. | ||||||
6 | (70 ILCS 1505/26.10-10 new) | ||||||
7 | Sec. 26.10-10. Submission of design-build proposals. | ||||||
8 | Design-build proposals must be properly identified
and sealed. | ||||||
9 | Proposals may not be reviewed until after the deadline for
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10 | submission has passed as set forth in the request for | ||||||
11 | proposals. All
design-build entities submitting proposals | ||||||
12 | shall be disclosed after the
deadline
for submission, and all | ||||||
13 | design-build entities who are selected for Phase II
evaluation | ||||||
14 | shall also be disclosed at the time of that determination. | ||||||
15 | Phase II design-build proposals shall include a bid bond in | ||||||
16 | the form and security as designated in
the request for | ||||||
17 | proposals. Proposals shall also contain a separate sealed
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18 | envelope with the cost information within the overall proposal | ||||||
19 | submission.
Proposals shall include a list of all design | ||||||
20 | professionals and other entities
to which any work may be | ||||||
21 | subcontracted during the performance of the contract.
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22 | Proposals must meet all material requirements of the | ||||||
23 | request for proposal or
they may be rejected as non-responsive. | ||||||
24 | The Chicago Park District shall
have the right
to reject any | ||||||
25 | and all proposals.
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1 | The drawings and specifications of any unsuccessful | ||||||
2 | design-build proposal shall remain the property of
the | ||||||
3 | design-build entity.
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4 | The Chicago Park District shall review the proposals for | ||||||
5 | compliance with
the
performance criteria and evaluation | ||||||
6 | factors.
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7 | Proposals may be withdrawn prior to the due date and time | ||||||
8 | for submissions for any cause. After
evaluation begins by the | ||||||
9 | Chicago Park District, clear and convincing
evidence of error
| ||||||
10 | is required for withdrawal.
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11 | (70 ILCS 1505/26.10-11 new) | ||||||
12 | Sec. 26.10-11. Design-build award. The Chicago Park | ||||||
13 | District may award a design-build contract to
the highest
| ||||||
14 | overall ranked entity. Notice of award shall be made in | ||||||
15 | writing. Unsuccessful
entities shall also be notified in | ||||||
16 | writing. The Chicago Park District may
not request a
best and | ||||||
17 | final offer after the receipt of proposals. The Chicago Park | ||||||
18 | District may
negotiate with the selected design-build entity | ||||||
19 | after award but prior to
contract
execution for the purpose of | ||||||
20 | securing better terms than originally proposed,
provided that | ||||||
21 | the salient features of the request for proposal are not
| ||||||
22 | diminished.
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