(70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
Sec. 8-1. General corporate powers.
Every park district shall, from the time of its
organization, be a body corporate and politic by the name set forth
in the petition for its organization, the specific name set forth in this Code, or the name it may adopt under
Section 8-9 and shall have and exercise the following powers:
(a) To adopt a corporate seal and alter the same at |
| pleasure; to sue and be sued; and to contract in furtherance of any of its corporate purposes.
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(b)(1) To acquire by gift, legacy, grant or purchase,
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| or by condemnation in the manner provided for the exercise of the power of eminent domain under the Eminent Domain Act, any and all real estate, or rights therein necessary for building, laying out, extending, adorning and maintaining any such parks, boulevards and driveways, or for effecting any of the powers or purposes granted under this Code as its board may deem proper, whether such lands be located within or without such district; but no park district, except as provided in paragraph (2) of this subsection, shall have any power of condemnation in the manner provided for the exercise of the power of eminent domain under the Eminent Domain Act or otherwise as to any real estate, lands, riparian rights or estate, or other property situated outside of such district, but shall only have power to acquire the same by gift, legacy, grant or purchase, and such district shall have the same control of and power over lands so acquired without the district as over parks, boulevards and driveways within such district.
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(2) In addition to the powers granted in paragraph
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| (1) of subsection (b), a park district located in more than one county, the majority of its territory located in a county over 450,000 in population and none of its territory located in a county over 1,000,000 in population, shall have condemnation power in the manner provided for the exercise of the power of eminent domain under the Eminent Domain Act or as otherwise granted by law as to any and all real estate situated up to one mile outside of such district which is not within the boundaries of another park district.
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(c) To acquire by gift, legacy or purchase any
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| personal property necessary for its corporate purposes provided that all contracts for supplies, materials or work involving an expenditure in excess of $30,000, or a lower amount if required by board policy, shall be let to the lowest responsible bidder after due advertisement. No district shall be required to accept a bid that does not meet the district's established specifications, terms of delivery, quality, and serviceability requirements. Contracts which, by their nature, are not adapted to award by competitive bidding, such as contracts for the services of individuals possessing a high degree of professional skill where the ability or fitness of the individual plays an important part, contracts for the printing of finance committee reports and departmental reports, contracts for the printing or engraving of bonds, tax warrants and other evidences of indebtedness, contracts for utility services such as water, light, heat, telephone or telegraph, contracts for fuel (such as diesel, gasoline, oil, aviation, or propane), lubricants, or other petroleum products, contracts for the use, purchase, delivery, movement, or installation of data processing equipment, software, or services and telecommunications and interconnect equipment, software, or services, contracts for duplicating machines and supplies, contracts for goods or services procured from another governmental agency, purchases of equipment previously owned by some entity other than the district itself, and contracts for the purchase of magazines, books, periodicals, pamphlets and reports are not subject to competitive bidding. Contracts for emergency expenditures are also exempt from competitive bidding when the emergency expenditure is approved by 3/4 of the members of the board.
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All competitive bids for contracts involving an
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| expenditure in excess of $30,000, or a lower amount if required by board policy, must be sealed by the bidder and must be opened by a member or employee of the park board at a public bid opening at which the contents of the bids must be announced. Each bidder must receive at least 3 days notice of the time and place of the bid opening.
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For purposes of this subsection, "due advertisement"
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| includes, but is not limited to, at least one public notice at least 10 days before the bid date in a newspaper published in the district or, if no newspaper is published in the district, in a newspaper of general circulation in the area of the district.
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(d) To pass all necessary ordinances, rules and
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| regulations for the proper management and conduct of the business of the board and district and to establish by ordinance all needful rules and regulations for the government and protection of parks, boulevards and driveways and other property under its jurisdiction, and to effect the objects for which such districts are formed.
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(e) To prescribe such fines and penalties for the
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| violation of ordinances as it shall deem proper not exceeding $1,000 for any one offense, which fines and penalties may be recovered by an action in the name of such district in the circuit court for the county in which such violation occurred. The park district may also seek in the action, in addition to or instead of fines and penalties, an order that the offender be required to make restitution for damage resulting from violations, and the court shall grant such relief where appropriate. The procedure in such actions shall be the same as that provided by law for like actions for the violation of ordinances in cities organized under the general laws of this State, and offenders may be imprisoned for non-payment of fines and costs in the same manner as in such cities. All fines when collected shall be paid into the treasury of such district.
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(f) To manage and control all officers and property
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| of such districts and to provide for joint ownership with one or more cities, villages or incorporated towns of real and personal property used for park purposes by one or more park districts. In case of joint ownership, the terms of the agreement shall be fair, just and equitable to all parties and shall be set forth in a written agreement entered into by the corporate authorities of each participating district, city, village or incorporated town.
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(g) To secure grants and loans, or either, from the
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| United States Government, or any agency or agencies thereof, for financing the acquisition or purchase of any and all real estate, or rights therein, or for effecting any of the powers or purposes granted under this Code as its Board may deem proper.
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(h) To establish fees for the use of facilities and
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| recreational programs of the districts and to derive revenue from non-resident fees from their operations. Fees charged non-residents of such district need not be the same as fees charged to residents of the district. Charging fees or deriving revenue from the facilities and recreational programs shall not affect the right to assert or utilize any defense or immunity, common law or statutory, available to the districts or their employees.
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(i) To make contracts for a term exceeding one year,
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| but not to exceed 3 years, notwithstanding any provision of this Code to the contrary, relating to: (1) the employment of a park director, superintendent, administrator, engineer, health officer, land planner, finance director, attorney, police chief, or other officer who requires technical training or knowledge; (2) the employment of outside professional consultants such as engineers, doctors, land planners, auditors, attorneys, or other professional consultants who require technical training or knowledge; (3) the provision of data processing equipment and services; and (4) the purchase of energy from a utility or an alternative retail electric supplier. With respect to any contract made under this subsection (i), the corporate authorities shall include in the annual appropriation ordinance for each fiscal year an appropriation of a sum of money sufficient to pay the amount which, by the terms of the contract, is to become due and payable during that fiscal year.
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(j) To enter into licensing or management agreements
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| with not-for-profit corporations organized under the laws of this State to operate park district facilities if the corporation covenants to use the facilities to provide public park or recreational programs for youth.
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(Source: P.A. 101-304, eff. 8-9-19; 102-999, eff. 5-27-22.)
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(70 ILCS 1205/8-8) (from Ch. 105, par. 8-8)
Sec. 8-8.
Any park district, when so requested by its treasurer, shall
designate one or more banks or savings and loan associations in which
the funds of the
district may be deposited. When a bank or savings and loan association
has been designated as a depository
it shall continue as such until 10 days have elapsed after a new depository
is designated and has qualified by furnishing the statements of resources
and liabilities required by this section. When a new depository is
designated, the district shall notify the sureties of its treasurer of that
fact, in writing, at least 5 days before the transfer of funds. Such
treasurer shall be discharged from responsibility for all such funds and
moneys deposited in a bank or savings and loan association,
so designated, while such funds
and moneys are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
Notwithstanding any provision of this Act or of any other law, each
official custodian of park district funds, including, without limitation,
each park district treasurer and each person properly designated as the
official custodian for park district or joint recreational program funds,
including, without limitation, each person properly designated as official
custodian of funds for joint recreational programs established pursuant to
the provisions of Sections 8-10b and 8-18 of this Act and each person
properly designated as custodian for funds held by an intergovernmental
risk management association or self-insurance pool composed solely of
participating park districts, forest preserve districts or joint
recreational programs, is permitted to (i) combine moneys from more than
one fund of a single park district, joint recreational program, risk
management association or self-insurance pool for the purpose of investing
such moneys, (ii) enter into agreements of any definite or indefinite term
regarding the deposit, redeposit, investment, reinvestment or withdrawal of
park district, risk management association, self-insurance pool or joint
recreational program funds and (iii) join with any custodians or treasurers
of park district, Chicago Park District, joint recreational program, risk
management association, self-insurance pool or
forest preserve district funds for the purpose of investing any park
district, risk management association, self-insurance pool or joint
recreational program funds in his custody. When funds are combined for
investment purposes as authorized herein, the moneys combined for such
purposes shall be accounted for separately in all respects, and the
earnings from such investment shall be separately and individually computed
and recorded, and credited to the fund, district, joint recreational
program, risk management association, self-insurance pool or other entity,
as the case may be, for which the investment was acquired. The grant of
authority contained in this Section is cumulative and supplemental and in
addition to all other power or authority granted by any other law and shall
not be construed as a limitation of any power or authority otherwise granted.
(Source: P.A. 85-460.)
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(70 ILCS 1205/8-23)
Sec. 8-23. Criminal background investigations.
(a) An applicant for employment with a park district is required as
a condition of employment to authorize an investigation to determine if
the applicant has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or (d) of this Section, or adjudicated a delinquent minor for any of the enumerated criminal or drug
offenses in subsection (c) or (d) of this Section, or has been
convicted, within 7 years of the application for employment with the
park district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State. Authorization
for the
investigation shall be furnished by the applicant to the park district.
Upon receipt of this authorization, the park district shall submit the
applicant's name, sex, race, date of birth, and social security number to
the Illinois State Police on forms prescribed by the Illinois State Police. The Illinois State Police shall conduct a search of the
Illinois criminal history records database to ascertain if the applicant being considered for
employment has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or (d) of this Section, or adjudicated a delinquent minor for committing or attempting to commit any of
the enumerated criminal or drug
offenses
in subsection (c) or (d) of this Section, or
has been convicted of committing or attempting to commit, within 7 years of
the application for employment with
the
park district, any other felony under the laws of this State. The
Illinois
State Police shall charge the park district a fee for conducting the
investigation, which fee shall be deposited in the State Police Services
Fund and shall not exceed the cost of the inquiry. The applicant shall
not be charged a fee by the park district for the investigation.
(b) If the search of the Illinois criminal history record database
indicates that the applicant has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or (d), or adjudicated a delinquent minor for committing or attempting to
commit any of the enumerated criminal or drug offenses in subsection (c) or (d), or has
been convicted of committing or attempting to commit, within 7 years of the
application for employment with the park district, any other felony under the
laws of this State, the Illinois State Police and the Federal Bureau
of
Investigation shall furnish, pursuant to
a fingerprint based background check, records
of convictions or adjudications as a delinquent minor, until expunged, to the
president of the park district. Any information concerning the record of
convictions or adjudications as a delinquent minor obtained by the president shall be confidential and may only
be transmitted to those persons who are necessary to the decision on whether to
hire the
applicant for employment. A copy of the record of convictions or adjudications as a delinquent minor obtained
from the Illinois State Police shall be provided to the applicant for
employment. Any person who releases any confidential information
concerning any criminal convictions or adjudications as a delinquent minor of an applicant for employment shall
be guilty of a Class A misdemeanor, unless the release of such
information is authorized by this Section.
(c) No park district shall knowingly employ a person who has been
convicted, or adjudicated a delinquent minor, for committing attempted first degree murder or
for committing
or attempting to commit first degree murder, a Class X felony, or any
one or more of the following criminal offenses: (i) those defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
11-9, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4 felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961 or the Criminal Code of 2012; (ii) (blank); (iii) (blank); (iv) (blank); and (v) any offense
committed or attempted in any other state or against the laws of the
United States, which, if committed or attempted in this State, would have
been punishable as one or more of the foregoing offenses. Further, no
park district shall knowingly employ a person who has been found to be
the perpetrator of sexual or physical abuse of any minor under 18 years
of age pursuant to proceedings under Article II of the Juvenile Court Act
of 1987. No park district shall knowingly employ a person for whom a
criminal background investigation has not been initiated. (d) No park district shall knowingly employ a person who has been convicted of the following drug offenses, other than an offense set forth in subsection (c), until 7 years following the end of the sentence imposed for any of the following offenses: (i) those defined in the Cannabis Control Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a), and 5(b) of that Act; (ii) those defined in the Illinois Controlled Substances Act; (iii) those defined in the Methamphetamine Control and Community Protection Act; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. For purposes of this paragraph, "sentence" includes any period of supervision or probation that was imposed either alone or in combination with a period of incarceration. (e) Notwithstanding the provisions of subsections (c) and (d), a park district may, in its discretion, employ a person who has been granted a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections by the circuit court.
(Source: P.A. 102-538, eff. 8-20-21.)
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(70 ILCS 1205/8-50) Sec. 8-50. Definitions. For the purposes of Sections 8-50 through 8-57, the following terms shall have the following meanings, 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 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 any 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 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, 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 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. "Landscape architect design professional" means any person, sole proprietorship, or entity including, but not limited to, a partnership, professional service corporation, or corporation that offers services under the Landscape Architecture Registration Act. "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 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.
(Source: P.A. 102-284, eff. 8-6-21.) |
(70 ILCS 1205/8-52) Sec. 8-52. Solicitation of design-build proposals. (a) When a 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 proposal. The park district shall publish notice of the request for the design-build proposal in a newspaper of general circulation within the county in which the park district is located. The park district shall, if possible, post plans and specifications in a related construction industry service publication. A brief description of the proposed procurement must be included in the notice. The 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 |
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(2) The proposed budget for the project, the source
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| of funds, and the funds available at the time the request for proposal is submitted.
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(3) Prequalification criteria for design-build
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| entities wishing to submit proposals. The park district shall include, at a minimum, its normal prequalification, licensing, registration, and other requirements, but nothing contained in this Section precludes the use of additional prequalification criteria by the park district.
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(4) Material requirements of the contract, including,
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| 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 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.
(6) The evaluation criteria for each phase of the
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(7) The number of entities to be considered for
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| the technical and cost evaluation phase.
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(c) The 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 construction portion of 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 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.
(Source: P.A. 97-349, eff. 8-12-11.)
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(70 ILCS 1205/8-54) Sec. 8-54. Procedures for design-build selection. (a) The park district must use a two-phase procedure for the selection of the successful design-build entity. Phase I of the procedure shall evaluate and shortlist the design-build entities based on qualifications, and Phase II will evaluate the technical and cost proposals. (b) The 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 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 park district. The park district must maintain a record of the evaluation scoring to be disclosed in the event of a protest regarding the solicitation. The 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 |
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(8) qualifications of the entity's consultants; and
(9) ability or past performance in meeting or
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| exhausting good faith efforts to meet the utilization goals for minority and women business enterprises established by the corporate authorities of the park district and in complying with Section 2-105 of the Illinois Human Rights Act.
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The park district may include any additional relevant criteria in Phase I that it deems necessary for a proper qualification review.
The 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 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 concerning minority and women business enterprises and economically disadvantaged firms established by the corporate authorities of the park district and with Section 2-105 of the Illinois Human Rights Act.
Upon completion of the qualifications evaluation, the park district shall create a shortlist of the most highly qualified design-build entities. The park district, in its discretion, is not required to shortlist the maximum number of entities as identified for Phase II evaluation, except that no less than 2 design-build entities nor more than 6 may be selected to submit Phase II proposals. The park district shall notify the entities selected for the shortlist in writing. This notification shall commence the period for the preparation of Phase II technical and cost evaluations. The park district must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the park district.
(c) The 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 park district. The park district must maintain a record of the evaluation scoring to be disclosed in the event of a protest regarding the solicitation.
The 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
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(3) quality of products or materials proposed;
(4) quality of design parameters;
(5) design concepts;
(6) innovation in meeting the scope and performance
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(7) constructability of the proposed project.
The park district may include any additional relevant technical evaluation factors it deems necessary for proper selection.
The park district shall include the following criteria in every Phase II cost evaluation: the total project cost and the time of completion. The park 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 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 park district may award the design-build contract to the highest overall ranked entity.
(Source: P.A. 97-349, eff. 8-12-11.)
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