SB 1827 — FIRE DISTRICTS--DESIGN-BUILD

SB1827 EngrossedEnrolled LRB104 10100 JDS 20172 b AN ACT concerning local government.

SB1827 EngrossedEnrolled - 2 - LRB104 10100 JDS 20172 b (c) The scope and performance criteria shall be prepared by a design professional or public art designer who is an employee of the county, or the county may contract with an independent design professional or public art designer selected under the Local Government Professional Services Selection Act to provide these services.

These factors are in addition to any prequalification requirements of SB1827 EngrossedEnrolled - 3 - LRB104 10100 JDS 20172 b design-build entities that the county has set forth.

The county 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 county, that SB1827 EngrossedEnrolled - 4 - LRB104 10100 JDS 20172 b 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.

The proposal shall disclose the role of a licensed design professional during the administration of the design-build contract.

Nothing in this Section shall prohibit a county from engaging a licensed design professional during the administration of a design-build contract if the county believes that engaging the licensed design professional benefits the project.

If a county receives one response to Phase SB1827 Enrolled - 5 - LRB104 10100 JDS 20172 b I, nothing in this Section shall prohibit the county from proceeding with a Phase II evaluation of the single respondent if the county, in its discretion, finds proceeding to be in its best interest.

This notification shall commence the SB1827 Engrossed - 5 - LRB104 10100 JDS 20172 b period for the preparation of the Phase II technical and cost evaluations.

and (vii) SB1827 Enrolled - 6 - LRB104 10100 JDS 20172 b constructability of the proposed project.

The county may SB1827 Engrossed - 6 - LRB104 10100 JDS 20172 b include any additional relevant technical evaluation factors it deems necessary for proper selection.

(a) The municipality must develop, with the assistance of a licensed design professional or public art designer, a SB1827 Enrolled - 7 - LRB104 10100 JDS 20172 b request for proposal, which must 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 municipality's overall programmatic needs and goals, including criteria and preliminary design plans, general budget SB1827 Engrossed - 7 - LRB104 10100 JDS 20172 b parameters, schedule, and delivery requirements.

(e) The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the municipality to make modifications in the project scope SB1827 Enrolled - 8 - LRB104 10100 JDS 20172 b without invalidating the design-build contract.

(a) The municipality must use a two-phase procedure for SB1827 Engrossed - 8 - LRB104 10100 JDS 20172 b the selection of the successful design-build entity.

SB1827 Enrolled - 9 - LRB104 10100 JDS 20172 b (vii) commitment to assign personnel for the duration of the project and qualifications of the entity's consultants;

and (viii) ability or past performance in meeting or exhausting good faith efforts to meet the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and with SB1827 Engrossed - 9 - LRB104 10100 JDS 20172 b Section 2-105 of the Illinois Human Rights Act.

No proposal may be considered that does not include an entity's plan to comply with the requirements established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, for both the design and construction areas SB1827 Enrolled - 10 - LRB104 10100 JDS 20172 b of performance, and with Section 2-105 of the Illinois Human Rights Act.

The proposal shall disclose the role of a licensed design professional during the administration of the design-build contract.

Nothing in this Section shall prohibit a municipality from engaging a licensed design professional during the administration of a design-build contract if the municipality believes that engaging the licensed design professional benefits the project.

The municipality, in its discretion, is not required to shortlist the maximum number of SB1827 Engrossed - 10 - LRB104 10100 JDS 20172 b entities as identified for Phase II evaluation if no less than 2 design-build entities nor more than 6 are selected to submit Phase II proposals.

SB1827 Enrolled - 11 - LRB104 10100 JDS 20172 b (c) The municipality must include in the request for proposal the evaluating factors to be used in the technical and cost submission components of Phase II.

SB1827 Engrossed - 11 - LRB104 10100 JDS 20172 b (i) compliance with objectives of the project;

The total project cost criteria weighting factor may not SB1827 Enrolled - 12 - LRB104 10100 JDS 20172 b exceed 30%.

SB1827 Engrossed - 12 - LRB104 10100 JDS 20172 b (70 ILCS 705/11k) Sec.

SB1827 Enrolled - 13 - LRB104 10100 JDS 20172 b The board is not required to accept a bid that does not meet the district's established specifications, terms of delivery, quality, and serviceability requirements.

SB1827 Engrossed - 13 - LRB104 10100 JDS 20172 b (3) contracts for the printing or engraving of bonds, tax warrants, and other evidences of indebtedness;

SB1827 Enrolled - 14 - LRB104 10100 JDS 20172 b (7) contracts for utility services such as water, light, heat, telephone or telegraph;

Contracts for emergency expenditures are also exempt from competitive bidding when the emergency expenditure is approved SB1827 Engrossed - 14 - LRB104 10100 JDS 20172 b by a vote of 3/4 of the members of the board.

Advertisements for bids shall describe the character of the proposed contract or agreement in sufficient detail to enable the bidders thereon to know what their obligations will be, either in the advertisement SB1827 Enrolled - 15 - LRB104 10100 JDS 20172 b itself, or by reference to detailed plans and specifications on file at the time of the publication of the first announcement.

SB1827 Engrossed - 15 - LRB104 10100 JDS 20172 b (c) In addition to contracts entered into under the Governmental Joint Purchasing Act, a board of trustees may enter into contracts for supplies, materials, or work involving an expenditure in excess of $20,000 through participation in a joint governmental or nongovernmental purchasing program that requires as part of its selection procedure a competitive solicitation and procurement process.

SB1827 Enrolled - 16 - LRB104 10100 JDS 20172 b (e) Nothing in this Section prohibits a fire protection district from entering into design-build contracts.