Illinois General Assembly - Full Text of Public Act 096-0777
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Public Act 096-0777


 

Public Act 0777 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0777
 
HB3986 Enrolled LRB096 09396 RLJ 19553 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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
principles of competitive selection.
    "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 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
modifications in the project scope without invalidating the
design-build contract.
    "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.
    "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
ILCS 325/), the Structural Engineering Licensing Act of 1989
(225 ILCS 340/), or the Illinois Professional Land Surveyor Act
of 1989 (225 ILCS 330/).
    "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.
    "Proposal" means the offer to enter into a design-build
contract as submitted by a design-build entity in accordance
with this Act.
    "Request for proposal" means the document used by the
Chicago Park 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.
    "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.
 
    (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
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
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.
        (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.
        (3) Prequalification criteria for design-build
    entities wishing to submit proposals. The Chicago Park
    District shall include, at a minimum, its normal
    prequalification, licensing, registration, and other
    requirements, but nothing contained herein precludes the
    use of additional prequalification criteria by the Chicago
    Park District.
        (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.
        (5) The performance criteria.
        (6) The evaluation criteria for each phase of the
    solicitation.
        (7) The number of entities that will be considered for
    the technical and cost evaluation phase.
    (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
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.
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,
will be required by the Chicago Park District to be produced by
the design-build entities.
    (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.
    (d) The design professional or landscape architect design
professional that prepares the scope and performance criteria
is prohibited from participating in any design-build entity
proposal for the project.
 
    (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
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.
    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.
The Chicago Park District may include any additional relevant
criteria in Phase I that it deems necessary for a proper
qualification review.
    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
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.
    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
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
proposals.
    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
allow sufficient time for the shortlist entities to prepare
their Phase II submittals considering the scope and detail
requested by the Chicago Park District.
    (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.
    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
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.
    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
evaluation factors it deems necessary for proper selection. The
guaranteed maximum project cost criteria weighing factor shall
not exceed 30%.
    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.
    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.
 
    (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
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
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
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.
    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.
    The drawings and specifications of any unsuccessful
design-build proposal shall remain the property of the
design-build entity.
    The Chicago Park District shall review the proposals for
compliance with the performance criteria and evaluation
factors.
    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
is required for withdrawal.
 
    (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
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
diminished.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/28/2009