Bill Text: IL SB1805 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Metropolitan Water Reclamation District Act. Provides that in addition to the District's pension contributions from taxes levied, the board of trustees, by a two-thirds vote of all its members, may also transfer revenue from any lawfully available source into the District's funds that are in most need of income.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled - Dead) 2021-01-13 - Passed Both Houses [SB1805 Detail]

Download: Illinois-2019-SB1805-Engrossed.html

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SB1805 Engrossed LRB101 08915 RJF 54005 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Downstate Public Transportation Act is
amended by adding Sections 2-19, 3-9.5, and 4-6 as follows:
(30 ILCS 740/2-19 new)
Sec. 2-19. Design-build authorization.
(a) In connection with two-phase design-build selection
procedures authorized in this Section, a participant may
authorize, by the affirmative vote of two-thirds of the then
members of its governing body, the use of competitive selection
and the prequalification of responsible bidders consistent
with applicable federal regulations and this Section.
(b) Two-phase design-build selection procedures shall
consist of the following:
(1) A participant shall develop, through licensed
architects or licensed engineers, a scope of work statement
for inclusion in the solicitation for phase-one proposals
that defines the project and provides prospective offerors
with sufficient information regarding the participant's
requirements. The statement shall include criteria and
preliminary design, and general budget parameters and
general schedule or delivery requirements to enable the

SB1805 Engrossed - 2 - LRB101 08915 RJF 54005 b
offerors to submit proposals which meet the participant's
needs. When the two-phase design-build selection procedure
is used and the participant contracts for development of
the scope of work statement, the participant shall contract
for architectural or engineering services as defined by and
in accordance with the Architectural, Engineering, and
Land Surveying Qualifications Based Selection Act and all
applicable licensing statutes.
(2) The evaluation factors to be used in evaluating
phase-one proposals must be stated in the solicitation and
must include specialized experience and technical
competence, capability to perform, past performance of the
offeror's team (including the architect-engineer and
construction members of the team) and other appropriate
technical and qualifications factors. Each solicitation
must establish the relative importance assigned to the
evaluation factors and the subfactors that must be
considered in the evaluation of phase-one proposals on the
basis of the evaluation factors set forth in the
solicitation. Each design-build team must include a
licensed design professional independent from the
participant's licensed architect or engineer and a
licensed design professional must be named in the phase-one
proposals submitted to the participant.
(3) On the basis of the phase-one proposal, the
participant shall select as the most highly qualified the

SB1805 Engrossed - 3 - LRB101 08915 RJF 54005 b
number of offerors specified in the solicitation and
request the selected offerors to submit phase-two
competitive proposals and cost or price information. Each
solicitation must establish the relative importance
assigned to the evaluation factors and the subfactors that
must be considered in the evaluation of phase-two proposals
on the basis of the evaluation factors set forth in the
solicitation. A participant may negotiate with the
selected design-build team after award but prior to
contract execution for the purpose of securing better terms
than originally proposed, provided the salient features of
the design-build solicitation are not diminished. Each
phase-two solicitation evaluates separately (A) the
technical submission for the proposal, including design
concepts or proposed solutions to requirements addressed
within the scope of work, and (B) the evaluation factors
and subfactors, including cost or price, that must be
considered in the evaluations of proposals.
(4) A design-build solicitation issued under the
procedures in this Section shall state the maximum number
of offerors that are to be selected to submit competitive
phase-two proposals. The maximum number specified in the
solicitation shall not exceed 5 unless the participant with
respect to an individual solicitation determines that a
specified number greater than 5 is in the best interest of
the participant and is consistent with the purposes and

SB1805 Engrossed - 4 - LRB101 08915 RJF 54005 b
objectives of the two-phase design-build selection
process.
(5) All designs submitted as part of the two-phase
selection process and not selected shall be proprietary to
the preparers.
(30 ILCS 740/3-9.5 new)
Sec. 3-9.5. Design-build authorization.
(a) In connection with two-phase design-build selection
procedures authorized in this Section, a participant may
authorize, by the affirmative vote of two-thirds of the then
members of its governing body, the use of competitive selection
and the prequalification of responsible bidders consistent
with applicable federal regulations and this Section.
(b) Two-phase design-build selection procedures shall
consist of the following:
(1) A participant shall develop, through licensed
architects or licensed engineers, a scope of work statement
for inclusion in the solicitation for phase-one proposals
that defines the project and provides prospective offerors
with sufficient information regarding the participant's
requirements. The statement shall include criteria and
preliminary design, and general budget parameters and
general schedule or delivery requirements to enable the
offerors to submit proposals which meet the participant's
needs. When the two-phase design-build selection procedure

SB1805 Engrossed - 5 - LRB101 08915 RJF 54005 b
is used and the participant contracts for development of
the scope of work statement, the participant shall contract
for architectural or engineering services as defined by and
in accordance with the Architectural, Engineering, and
Land Surveying Qualifications Based Selection Act and all
applicable licensing statutes.
(2) The evaluation factors to be used in evaluating
phase-one proposals must be stated in the solicitation and
must include specialized experience and technical
competence, capability to perform, past performance of the
offeror's team (including the architect-engineer and
construction members of the team) and other appropriate
technical and qualifications factors. Each solicitation
must establish the relative importance assigned to the
evaluation factors and the subfactors that must be
considered in the evaluation of phase-one proposals on the
basis of the evaluation factors set forth in the
solicitation. Each design-build team must include a
licensed design professional independent from the
participant's licensed architect or engineer and a
licensed design professional must be named in the phase-one
proposals submitted to the participant.
(3) On the basis of the phase-one proposal, the
participant shall select as the most highly qualified the
number of offerors specified in the solicitation and
request the selected offerors to submit phase-two

SB1805 Engrossed - 6 - LRB101 08915 RJF 54005 b
competitive proposals and cost or price information. Each
solicitation must establish the relative importance
assigned to the evaluation factors and the subfactors that
must be considered in the evaluation of phase-two proposals
on the basis of the evaluation factors set forth in the
solicitation. A participant may negotiate with the
selected design-build team after award but prior to
contract execution for the purpose of securing better terms
than originally proposed, provided the salient features of
the design-build solicitation are not diminished. Each
phase-two solicitation evaluates separately (A) the
technical submission for the proposal, including design
concepts or proposed solutions to requirements addressed
within the scope of work, and (B) the evaluation factors
and subfactors, including cost or price, that must be
considered in the evaluations of proposals.
(4) A design-build solicitation issued under the
procedures in this Section shall state the maximum number
of offerors that are to be selected to submit competitive
phase-two proposals. The maximum number specified in the
solicitation shall not exceed 5 unless the participant with
respect to an individual solicitation determines that a
specified number greater than 5 is in the best interest of
the participant and is consistent with the purposes and
objectives of the two-phase design-build selection
process.

SB1805 Engrossed - 7 - LRB101 08915 RJF 54005 b
(5) All designs submitted as part of the two-phase
selection process and not selected shall be proprietary to
the preparers.
(30 ILCS 740/4-6 new)
Sec. 4-6. Design-build authorization.
(a) In connection with two-phase design-build selection
procedures authorized in this Section, a participant may
authorize, by the affirmative vote of two-thirds of the then
members of its governing body, the use of competitive selection
and the prequalification of responsible bidders consistent
with applicable federal regulations and this Section.
(b) Two-phase design-build selection procedures shall
consist of the following:
(1) A participant shall develop, through licensed
architects or licensed engineers, a scope of work statement
for inclusion in the solicitation for phase-one proposals
that defines the project and provides prospective offerors
with sufficient information regarding the participant's
requirements. The statement shall include criteria and
preliminary design, and general budget parameters and
general schedule or delivery requirements to enable the
offerors to submit proposals which meet the participant's
needs. When the two-phase design-build selection procedure
is used and the participant contracts for development of
the scope of work statement, the participant shall contract

SB1805 Engrossed - 8 - LRB101 08915 RJF 54005 b
for architectural or engineering services as defined by and
in accordance with the Architectural, Engineering, and
Land Surveying Qualifications Based Selection Act and all
applicable licensing statutes.
(2) The evaluation factors to be used in evaluating
phase-one proposals must be stated in the solicitation and
must include specialized experience and technical
competence, capability to perform, past performance of the
offeror's team (including the architect-engineer and
construction members of the team) and other appropriate
technical and qualifications factors. Each solicitation
must establish the relative importance assigned to the
evaluation factors and the subfactors that must be
considered in the evaluation of phase-one proposals on the
basis of the evaluation factors set forth in the
solicitation. Each design-build team must include a
licensed design professional independent from the
participant's licensed architect or engineer and a
licensed design professional must be named in the phase-one
proposals submitted to the participant.
(3) On the basis of the phase-one proposal, the
participant shall select as the most highly qualified the
number of offerors specified in the solicitation and
request the selected offerors to submit phase-two
competitive proposals and cost or price information. Each
solicitation must establish the relative importance

SB1805 Engrossed - 9 - LRB101 08915 RJF 54005 b
assigned to the evaluation factors and the subfactors that
must be considered in the evaluation of phase-two proposals
on the basis of the evaluation factors set forth in the
solicitation. A participant may negotiate with the
selected design-build team after award but prior to
contract execution for the purpose of securing better terms
than originally proposed, provided the salient features of
the design-build solicitation are not diminished. Each
phase-two solicitation evaluates separately (A) the
technical submission for the proposal, including design
concepts or proposed solutions to requirements addressed
within the scope of work, and (B) the evaluation factors
and subfactors, including cost or price, that must be
considered in the evaluations of proposals.
(4) A design-build solicitation issued under the
procedures in this Section shall state the maximum number
of offerors that are to be selected to submit competitive
phase-two proposals. The maximum number specified in the
solicitation shall not exceed 5 unless the participant with
respect to an individual solicitation determines that a
specified number greater than 5 is in the best interest of
the participant and is consistent with the purposes and
objectives of the two-phase design-build selection
process.
(5) All designs submitted as part of the two-phase
selection process and not selected shall be proprietary to

SB1805 Engrossed - 10 - LRB101 08915 RJF 54005 b
the preparers.
Section 99. Effective date. This Act takes effect upon
becoming law.