Rep. Thaddeus Jones
Filed: 4/23/2018
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| 1 | AMENDMENT TO HOUSE BILL 5593
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| 2 | AMENDMENT NO. ______. Amend House Bill 5593 as follows:
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| 3 | on page 1, by replacing lines 7 and 8 with the following:
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| 4 | "General Assembly to authorize up to 5 design-build | ||||||
| 5 | demonstration projects statewide where it is shown"; and
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| 6 | on page 1, line 9, by replacing "the" with "a"; and | ||||||
| 7 | on page 2, immediately below line 9, by inserting the | ||||||
| 8 | following: | ||||||
| 9 | "Design-build entity" means any individual, sole | ||||||
| 10 | proprietorship, firm, partnership, joint venture, corporation, | ||||||
| 11 | professional corporation, or other entity that proposes to | ||||||
| 12 | design and construct any public project under this Act. A | ||||||
| 13 | design-build entity and any associated design-build | ||||||
| 14 | professionals shall conduct themselves in accordance with the | ||||||
| 15 | laws of this State and the related provisions of the Illinois | ||||||
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| 1 | Administrative Code, as referenced by the licensed design | ||||||
| 2 | professionals Acts of this State."; and | ||||||
| 3 | on page 2, line 24, by replacing "entity." with "entity in | ||||||
| 4 | accordance with this Act."; and
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| 5 | on page 3, line 22, by deleting "public"; and
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| 6 | on page 3, by replacing lines 23 and 24 with the following:
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| 7 | "permitted under this Act, make a written determination, | ||||||
| 8 | including a description as to the particular advantages of the | ||||||
| 9 | design-build procurement method, that it is in the best | ||||||
| 10 | interests of the school district to"; and | ||||||
| 11 | on page 6, line 11, after "shall", by inserting "be developed | ||||||
| 12 | with the assistance of a licensed design professional and | ||||||
| 13 | shall"; and
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| 14 | on page 10, line 9, after "criteria;" by inserting "and"; and | ||||||
| 15 | on page 10, by replacing lines 10 and 11 with the following:
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| 16 | "constructability of the proposed project. A school district | ||||||
| 17 | may include any additional relevant technical evaluation | ||||||
| 18 | factors it deems necessary for proper selection. A school | ||||||
| 19 | district shall include the following criteria in every Phase II | ||||||
| 20 | cost evaluation: (I) the total project cost; (II) the | ||||||
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| 1 | construction costs; and (III) the time of"; and
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| 2 | on page 10, line 13, by replacing "technical" with "cost"; and
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| 3 | on page 12, immediately below line 4, by inserting the | ||||||
| 4 | following: | ||||||
| 5 | "(d) After a proposal has been submitted in accordance with | ||||||
| 6 | this Act, a design-build entity may not replace, remove, or | ||||||
| 7 | otherwise modify any design professional firm identified as a | ||||||
| 8 | member of the design-build team unless one of the following | ||||||
| 9 | criteria is met: | ||||||
| 10 | (1) The firm is no longer in business. | ||||||
| 11 | (2) The firm is unable to fulfill its legal, financial, | ||||||
| 12 | or business obligations. | ||||||
| 13 | (3) The firm no longer meets the terms of the agreement | ||||||
| 14 | with the design-build entity. | ||||||
| 15 | (4) The firm voluntarily removes itself from the | ||||||
| 16 | design-build entity. | ||||||
| 17 | (5) The firm fails to provide a sufficient number of | ||||||
| 18 | qualified personnel to fulfill the duties identified in the | ||||||
| 19 | proposal. | ||||||
| 20 | (6) The firm fails to negotiate in good faith and in a | ||||||
| 21 | timely manner in accordance with the provisions | ||||||
| 22 | established in the agreement with the design-build entity. | ||||||
| 23 | (7) The school district requests the firm be replaced. | ||||||
| 24 | If the design-build entity replaces, removes, or otherwise | ||||||
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| 1 | modifies any design professional firm, any cost savings shall | ||||||
| 2 | accrue to the school district and not to the design-build | ||||||
| 3 | entity."; and | ||||||
| 4 | on page 12, immediately below line 14, by inserting the | ||||||
| 5 | following:
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| 6 | "Section 60. Reports and evaluation. The design-build | ||||||
| 7 | entity, regional superintendent of schools, and State Board of | ||||||
| 8 | Education shall annually submit a detailed report to the | ||||||
| 9 | General Assembly on the status of projects procured under this | ||||||
| 10 | Act, including estimated and actual project costs, estimated | ||||||
| 11 | and actual project delivery schedules, estimated cost | ||||||
| 12 | differences resulting from the design-build delivery system | ||||||
| 13 | over the traditional design-bid-build delivery system, and any | ||||||
| 14 | other impacts resulting from the use of the design-build | ||||||
| 15 | delivery system. The report shall be filed with the Clerk of | ||||||
| 16 | the House of Representatives and the Secretary of the Senate in | ||||||
| 17 | electronic form only, in the manner that the Clerk and the | ||||||
| 18 | Secretary shall direct. | ||||||
| 19 | Section 65. Compliance. All projects procured under this | ||||||
| 20 | Act using the design-build delivery method shall comply with | ||||||
| 21 | Section 2-3.12 of the School Code and may be subject to review | ||||||
| 22 | and approval by the State Board of Education. A school district | ||||||
| 23 | that elects to enter into a design-build contract under this | ||||||
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| 1 | Act must comply with all local rules governing disadvantaged | ||||||
| 2 | business enterprises, minority-owned businesses, and | ||||||
| 3 | women-owned businesses.".
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