Rep. Thaddeus Jones
Filed: 4/26/2018
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1 | AMENDMENT TO HOUSE BILL 5593
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2 | AMENDMENT NO. ______. Amend House Bill 5593 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Design-Build for Public Schools Act. | ||||||
6 | Section 5. Legislative intent. It is the intent of the | ||||||
7 | General Assembly to authorize up to 5 design-build | ||||||
8 | demonstration projects statewide where it is shown to be in a | ||||||
9 | school district's best interest, as determined by the State | ||||||
10 | Board of Education. | ||||||
11 | Section 10. Scope. This Act shall not apply to entities | ||||||
12 | subject to the Public Building Commission Act. | ||||||
13 | Section 15. Definitions. In this Act: | ||||||
14 | "Delivery system" means the design and construction |
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1 | approach used to develop and construct a project. | ||||||
2 | "Design-bid-build" means the traditional delivery system | ||||||
3 | used on public projects in this State that incorporates the | ||||||
4 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
5 | Based Selection Act and the principles of competitive selection | ||||||
6 | in the Illinois Procurement Code. | ||||||
7 | "Design-build" means a delivery system that is responsible | ||||||
8 | within a single contract for the furnishing of architecture, | ||||||
9 | engineering, land surveying, and related services, as | ||||||
10 | required, and the labor, materials, equipment, and other | ||||||
11 | construction services for the project. | ||||||
12 | "Design-build contract" means a contract for a project | ||||||
13 | between a school district and a design-build entity to furnish | ||||||
14 | architecture, engineering, land surveying, and related | ||||||
15 | services, as required, and to furnish the labor, materials, | ||||||
16 | equipment, and other construction services for the project. | ||||||
17 | "Design-build entity" means any individual, sole | ||||||
18 | proprietorship, firm, partnership, joint venture, corporation, | ||||||
19 | professional corporation, or other entity that proposes to | ||||||
20 | design and construct any public project under this Act. A | ||||||
21 | design-build entity and any associated design-build | ||||||
22 | professionals shall conduct themselves in accordance with the | ||||||
23 | laws of this State and the related provisions of the Illinois | ||||||
24 | Administrative Code, as referenced by the licensed design | ||||||
25 | professionals Acts of this State. | ||||||
26 | "Design professional" means any individual, sole |
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1 | proprietorship, firm, partnership, joint venture, corporation, | ||||||
2 | professional corporation, or other entity that offers services | ||||||
3 | under the Illinois Architecture Practice Act of 1989, | ||||||
4 | Professional Engineering Practice Act of 1989, Structural | ||||||
5 | Engineering Practice Act of 1989, or Illinois Professional Land | ||||||
6 | Surveyor Act of 1989. | ||||||
7 | "Evaluation criteria" means the requirements for the | ||||||
8 | separate phases of the selection process and may include | ||||||
9 | specialized experience, technical qualifications and | ||||||
10 | competence, capacity to perform, past performance, experience | ||||||
11 | with similar projects, assignment of personnel to the project, | ||||||
12 | and other appropriate factors. | ||||||
13 | "Proposal" means the offer to enter into a design-build | ||||||
14 | contract as submitted by a design-build entity in accordance | ||||||
15 | with this Act. | ||||||
16 | "Request for proposals" means the document used by a school | ||||||
17 | district to solicit proposals for a design-build contract. | ||||||
18 | "School district" means a public school district that | ||||||
19 | operates under the authority of the School Code, except for a | ||||||
20 | school district organized under Article 34 of that Code. | ||||||
21 | "Scope and performance criteria" means the requirements | ||||||
22 | for the project, including, but not limited to, the intended | ||||||
23 | usage, capacity, size, scope, quality and performance | ||||||
24 | standards, life-cycle costs, and other programmatic criteria | ||||||
25 | that are expressed in performance-oriented and quantifiable | ||||||
26 | specifications and drawings that can be reasonably inferred and |
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1 | are suited to allow a design-build entity to develop a | ||||||
2 | proposal. | ||||||
3 | Section 20. Procedures. | ||||||
4 | (a) It shall be the policy of a school district in the | ||||||
5 | procurement of design-build services to publicly announce all | ||||||
6 | requirements for design-build services and to procure these | ||||||
7 | services on the basis of demonstrated competence and | ||||||
8 | qualifications, with due regard for the principles of | ||||||
9 | competitive selection. A school district shall, prior to | ||||||
10 | issuing a request for proposals, promulgate and publish | ||||||
11 | procedures for the solicitation and award of contracts pursuant | ||||||
12 | to this Act. | ||||||
13 | (b) A school district shall, for each project or projects | ||||||
14 | permitted under this Act, make a written determination, | ||||||
15 | including a description as to the particular advantages of the | ||||||
16 | design-build procurement method, that it is in the best | ||||||
17 | interests of the school district to enter into a design-build | ||||||
18 | contract for the project or projects. In making that | ||||||
19 | determination, a school district shall consider all of the | ||||||
20 | following factors: | ||||||
21 | (1) The probability that the design-build procurement | ||||||
22 | method will be in the best interests of the school district | ||||||
23 | by providing a material savings of time or cost over the | ||||||
24 | design-bid-build or other delivery system. | ||||||
25 | (2) The type and size of the project and its |
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1 | suitability to the design-build procurement method. | ||||||
2 | (3) The ability of the design-build entity to define | ||||||
3 | and provide comprehensive scope and performance criteria | ||||||
4 | for the project. | ||||||
5 | Section 25. Solicitation of proposals. | ||||||
6 | (a) If a school district elects to use the design-build | ||||||
7 | delivery method under this Act, it must issue a notice of | ||||||
8 | intent to receive proposals for the project no less than 14 | ||||||
9 | days before issuing the request for proposals. A school | ||||||
10 | district must publish the advance notice in a daily newspaper | ||||||
11 | of general circulation in the area where the school district is | ||||||
12 | located. A school district may publish the notice in related | ||||||
13 | construction-industry service publications. A brief | ||||||
14 | description of the proposed procurement must be included in the | ||||||
15 | notice. A school district must provide a copy of the request | ||||||
16 | for proposals to any party requesting a copy. | ||||||
17 | (b) A request for proposals under subsection (a) of this | ||||||
18 | Section shall be prepared for each project and must include, | ||||||
19 | but is not limited to, all of the following: | ||||||
20 | (1) The name of the school district. | ||||||
21 | (2) A preliminary schedule for the completion of the | ||||||
22 | contract. | ||||||
23 | (3) The proposed budget for the project, the source of | ||||||
24 | the required funds, and the currently available funds at | ||||||
25 | the time the request for proposals is submitted. |
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1 | (4) Prequalification criteria for the design-build | ||||||
2 | entities that submit proposals. A school district shall | ||||||
3 | include, at a minimum, its normal prequalification, | ||||||
4 | licensing, and registration requirements. Nothing | ||||||
5 | contained in this paragraph (4) shall preclude the use of | ||||||
6 | additional prequalification criteria by a school district. | ||||||
7 | (5) Material requirements of the contract, including, | ||||||
8 | but not limited to, the proposed terms and conditions, | ||||||
9 | required performance and payment bonds, insurance, and the | ||||||
10 | design-build entity's plan to comply with the utilization | ||||||
11 | goals established by the corporate authorities of the | ||||||
12 | school district for minority-owned and women-owned | ||||||
13 | business enterprises and to comply with Section 2-105 of | ||||||
14 | the Illinois Human Rights Act. | ||||||
15 | (6) The performance criteria. | ||||||
16 | (7) The evaluation criteria for each phase of the | ||||||
17 | solicitation. Price may not be used as a factor in the | ||||||
18 | evaluation of Phase I proposals. | ||||||
19 | (8) The number of entities that shall be considered for | ||||||
20 | the technical and cost evaluation phase. | ||||||
21 | (c) A school district may include any other relevant | ||||||
22 | information in the request for proposals. The design-build | ||||||
23 | entity shall be entitled to rely upon the accuracy of this | ||||||
24 | documentation in the development of its proposal. | ||||||
25 | (d) The date that proposals are due must be no less than 21 | ||||||
26 | calendar days after the date of the issuance of the request for |
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1 | proposals. If the cost of the project is estimated to exceed | ||||||
2 | $10,000,000, then the proposal's due date must be no less than | ||||||
3 | 28 calendar days after the date of the issuance of the request | ||||||
4 | for proposals. A school district shall include in the request | ||||||
5 | for proposals a minimum of 30 days to develop the Phase II | ||||||
6 | submissions after the selection of entities from the Phase I | ||||||
7 | evaluation is completed. | ||||||
8 | Section 30. Development of scope and performance criteria. | ||||||
9 | (a) A request for proposals under this Act shall be | ||||||
10 | developed with the assistance of a licensed design professional | ||||||
11 | and shall include scope and performance criteria. The scope and | ||||||
12 | performance criteria must be in sufficient detail and contain | ||||||
13 | adequate information to reasonably apprise the qualified | ||||||
14 | design-build entities of the school district's overall | ||||||
15 | programmatic needs and goals, including criteria and | ||||||
16 | preliminary design plans, general budget parameters, schedule, | ||||||
17 | and delivery requirements. Each request for proposals shall | ||||||
18 | also include a description of the level of design to be | ||||||
19 | provided in the proposals. This description must include the | ||||||
20 | scope and type of renderings, drawings, and specifications | ||||||
21 | that, at a minimum, shall be required by the school district to | ||||||
22 | be produced by the design-build entities. | ||||||
23 | (b) The scope and performance criteria shall be prepared by | ||||||
24 | a design professional who is an employee of the school district | ||||||
25 | or by an independent design professional selected under the |
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1 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
2 | Based Selection Act contracted by the school district to | ||||||
3 | provide these services. | ||||||
4 | (c) The design professional that prepares the scope and | ||||||
5 | performance criteria is prohibited from participating in any | ||||||
6 | design-build entity proposal for the project. | ||||||
7 | (d) The design-build contract may be conditioned upon | ||||||
8 | subsequent refinements in scope and price and may allow the | ||||||
9 | school district to make modifications in the project scope | ||||||
10 | without invalidating the design-build contract. | ||||||
11 | Section 35. Selection committee. | ||||||
12 | (a) A school district that elects to use the design-build | ||||||
13 | delivery method under this Act shall establish a committee to | ||||||
14 | evaluate and select the design-build entity. The committee, | ||||||
15 | under the discretion of the school district, shall consist of | ||||||
16 | no less than 5 members and no more than 7 members and shall | ||||||
17 | include no less than one licensed design professional. | ||||||
18 | (b) Each member of the selection committee must certify for | ||||||
19 | each request for proposals that no conflict of interest exists | ||||||
20 | between the member and the design-build entities submitting | ||||||
21 | proposals. If a conflict is discovered before proposals are | ||||||
22 | reviewed, the member must be replaced before any review of | ||||||
23 | proposals. If a conflict is discovered after proposals are | ||||||
24 | reviewed, the member with the conflict shall be removed and, if | ||||||
25 | no less than 5 members remain, the remaining committee members |
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1 | may complete the selection process. | ||||||
2 | Section 40. Procedures for selection. | ||||||
3 | (a) A school district electing to use the design-build | ||||||
4 | delivery method must use a 2-phase procedure for the selection | ||||||
5 | of the successful design-build entity. Phase I of the procedure | ||||||
6 | shall evaluate and shortlist the design-build entities based on | ||||||
7 | qualifications and Phase II of the procedure shall evaluate the | ||||||
8 | technical and cost proposals. | ||||||
9 | (b) A school district shall include in the request for | ||||||
10 | proposal the evaluating factors to be used in Phase I. These | ||||||
11 | factors are in addition to any prequalification requirements of | ||||||
12 | design-build entities that the school district has set forth. | ||||||
13 | Each request for proposals shall establish the relative | ||||||
14 | importance assigned to each evaluation factor and subfactor, | ||||||
15 | including any weighing of criteria to be employed by the school | ||||||
16 | district. A school district must maintain a record of the | ||||||
17 | evaluation scoring to be disclosed in event of a protest | ||||||
18 | regarding the solicitation. | ||||||
19 | (c) A school district shall include the following criteria | ||||||
20 | in every Phase I evaluation of design-build entities: (i) | ||||||
21 | experience of personnel; (ii) successful experience with | ||||||
22 | similar project types; (iii) financial capability; (iv) | ||||||
23 | timeliness of past performance; (v) experience with | ||||||
24 | similarly-sized projects; (vi) successful reference checks of | ||||||
25 | the entity; (vii) commitment to assign personnel for the |
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1 | duration of the project and qualifications of the entity's | ||||||
2 | consultants; and (viii) ability or past performance in meeting | ||||||
3 | or exhausting good faith efforts to meet the utilization goals | ||||||
4 | for minority-owned and women-owned business enterprises | ||||||
5 | established by the corporate authorities of the school district | ||||||
6 | and in complying with Section 2-105 of the Illinois Human | ||||||
7 | Rights Act. A school district may include any additional | ||||||
8 | relevant criteria in Phase I that it deems necessary for a | ||||||
9 | proper qualification review. The school district may not | ||||||
10 | consider any design-build
entity for evaluation or award if the | ||||||
11 | entity has any pecuniary
interest in the project or has other | ||||||
12 | relationships or
circumstances, including, but not limited to, | ||||||
13 | a long-term
leasehold, mutual performance, or development | ||||||
14 | contracts with
the school district that may give the | ||||||
15 | design-build entity a
financial or tangible advantage over | ||||||
16 | other design-build
entities in the preparation, evaluation, or | ||||||
17 | performance of the
design-build contract or that create the | ||||||
18 | appearance of
impropriety. No design-build proposal shall be | ||||||
19 | considered that does not include a design-build entity's plan | ||||||
20 | to comply with the utilization goals established by the | ||||||
21 | corporate authorities of the school district for | ||||||
22 | minority-owned and women-owned business enterprises and with | ||||||
23 | Section 2-105 of the Illinois Human Rights Act.
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24 | (d) Upon completion of the qualifications evaluation, a | ||||||
25 | school district shall create a shortlist of the most highly | ||||||
26 | qualified design-build entities. A school district is not |
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1 | required to shortlist the maximum number of entities as | ||||||
2 | identified for Phase II evaluation, provided that no less than | ||||||
3 | 2 and no more than 6 design-build entities are selected to | ||||||
4 | submit Phase II proposals. A school district shall provide | ||||||
5 | written notification to the entities selected for the | ||||||
6 | shortlist. This notification shall commence the period for the | ||||||
7 | preparation of the Phase II technical and cost evaluations. A | ||||||
8 | school district must allow sufficient time for the shortlist | ||||||
9 | entities to prepare their Phase II submittals considering the | ||||||
10 | scope and detail requested by the school district. | ||||||
11 | (e) A school district shall include in the request for | ||||||
12 | proposals the evaluating factors to be used in the technical | ||||||
13 | and cost submission components of Phase II. Each request for | ||||||
14 | proposals shall establish, for both the technical and cost | ||||||
15 | submission components of Phase II, the relative importance | ||||||
16 | assigned to each evaluation factor and subfactor, including any | ||||||
17 | weighing of criteria to be employed by the school district. The | ||||||
18 | school district must maintain a record of the evaluation | ||||||
19 | scoring, to be disclosed in the event of a protest regarding | ||||||
20 | the solicitation. | ||||||
21 | (f) A school district shall include the following criteria | ||||||
22 | in every Phase II technical evaluation of design-build | ||||||
23 | entities: (i) compliance with objectives of the project; (ii) | ||||||
24 | compliance of proposed services to the request for proposals | ||||||
25 | requirements; (iii) quality of products or materials proposed; | ||||||
26 | (iv) quality of design parameters; (v) design concepts; (vi) |
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1 | innovation in meeting the scope and performance criteria; and | ||||||
2 | (vii) constructability of the proposed project. A school | ||||||
3 | district may include any additional relevant technical | ||||||
4 | evaluation factors it deems necessary for proper selection. A | ||||||
5 | school district shall include the following criteria in every | ||||||
6 | Phase II cost evaluation: (I) the total project cost; (II) the | ||||||
7 | construction costs; and (III) the time of completion. A school | ||||||
8 | district may include any additional relevant cost evaluation | ||||||
9 | factors it deems necessary for proper selection. The total | ||||||
10 | project cost criteria weighing factor shall not exceed 30%. | ||||||
11 | (g) A school district shall directly employ or retain a | ||||||
12 | licensed design professional to evaluate the technical and cost | ||||||
13 | submissions to determine if the technical submissions are in | ||||||
14 | accordance with generally accepted industry standards. Upon | ||||||
15 | completion of the technical submissions and cost submissions | ||||||
16 | evaluation, a school district may award the design-build | ||||||
17 | contract to the highest overall ranked entity. | ||||||
18 | Section 45. Small projects. In any case where the total | ||||||
19 | overall cost of the project is estimated to be less than | ||||||
20 | $10,000,000, a school district may combine the 2-phase | ||||||
21 | procedure for selection under Section 40 of this Act into one | ||||||
22 | combined step; provided that all the requirements of evaluation | ||||||
23 | are performed in accordance with Section 40 of this Act. | ||||||
24 | Section 50. Submission of proposals. |
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1 | (a) Proposals under this Act must be properly identified | ||||||
2 | and sealed. Proposals may not be reviewed until after the | ||||||
3 | deadline for submission has passed as set forth in the request | ||||||
4 | for proposals. All design-build entities submitting proposals | ||||||
5 | shall be disclosed after the deadline for submission, and all | ||||||
6 | design-build entities who are selected for Phase II evaluation | ||||||
7 | shall be disclosed at the time of that determination. | ||||||
8 | (b) Proposals shall include a bid bond in the form and | ||||||
9 | security as designated in the request for proposals. Proposals | ||||||
10 | shall also contain a separate sealed envelope with the cost | ||||||
11 | information within the overall proposal submission. Proposals | ||||||
12 | shall include a list of all design professionals and other | ||||||
13 | entities, in accordance with Section 30-30 of the Illinois | ||||||
14 | Procurement Code, to which any work may be subcontracted during | ||||||
15 | the performance of the contract. | ||||||
16 | (c) Proposals must meet all material requirements of the | ||||||
17 | request for proposals, or they may be rejected as | ||||||
18 | non-responsive. A school district shall have the right to | ||||||
19 | reject any and all proposals. The drawings and specifications | ||||||
20 | of the proposal shall remain the property of the design-build | ||||||
21 | entity. A school district shall review the proposals for | ||||||
22 | compliance with the performance criteria and evaluation | ||||||
23 | factors. Proposals may be withdrawn prior to evaluation for any | ||||||
24 | cause. After evaluation begins by a school district, clear and | ||||||
25 | convincing evidence of error is required for withdrawal. | ||||||
26 | (d) After a proposal has been submitted in accordance with |
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1 | this Act, a design-build entity may not replace, remove, or | ||||||
2 | otherwise modify any firm identified as a member of the | ||||||
3 | design-build team unless one of the following criteria is met: | ||||||
4 | (1) The firm is no longer in business. | ||||||
5 | (2) The firm is unable to fulfill its legal, financial, | ||||||
6 | or business obligations. | ||||||
7 | (3) The firm no longer meets the terms of the agreement | ||||||
8 | with the design-build entity. | ||||||
9 | (4) The firm voluntarily removes itself from the | ||||||
10 | design-build entity. | ||||||
11 | (5) The firm fails to provide a sufficient number of | ||||||
12 | qualified personnel to fulfill the duties identified in the | ||||||
13 | proposal. | ||||||
14 | (6) The firm fails to negotiate in good faith and in a | ||||||
15 | timely manner in accordance with the provisions | ||||||
16 | established in the agreement with the design-build entity. | ||||||
17 | If the design-build entity modifies the team, any cost | ||||||
18 | savings shall accrue to the school district and not to the | ||||||
19 | design-build entity. If a design-build entity is modified at | ||||||
20 | any time during the term of a design-build contract, the | ||||||
21 | design-build entity shall notify the State Board of Education | ||||||
22 | and the school district in writing within 15 calendar days of | ||||||
23 | making the change. | ||||||
24 | Section 55. Award. A school district may award the contract | ||||||
25 | to the highest overall ranked entity. A school district shall |
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1 | provide a written notification to the awarded entity and all | ||||||
2 | unsuccessful entities of its decision. A school district may | ||||||
3 | not request a best and final offer after the receipt of | ||||||
4 | proposals. A school district may negotiate with the selected | ||||||
5 | design-build entity after the award, but prior to contract | ||||||
6 | execution, for the purpose of securing better terms than | ||||||
7 | originally proposed; provided that the salient features of the | ||||||
8 | request for proposal are not diminished. | ||||||
9 | Section 60. Reports. The design-build entity, regional | ||||||
10 | superintendent of schools, and State Board of Education shall | ||||||
11 | annually submit a detailed report to the General Assembly on | ||||||
12 | the status of projects procured under this Act, including | ||||||
13 | estimated and actual project costs, estimated and actual | ||||||
14 | project delivery schedules, estimated cost differences | ||||||
15 | resulting from the design-build delivery system over the | ||||||
16 | traditional design-bid-build delivery system, and any other | ||||||
17 | impacts resulting from the use of the design-build delivery | ||||||
18 | system. The report shall also document the design-build | ||||||
19 | entity's success in complying with the utilization goals | ||||||
20 | established by the corporate authorities of the school district | ||||||
21 | for minority-owned and women-owned business enterprises and | ||||||
22 | Section 2-105 of the Illinois Human Rights Act. The report | ||||||
23 | shall be filed with the Clerk of the House of Representatives | ||||||
24 | and the Secretary of the Senate in electronic form only, in the | ||||||
25 | manner that the Clerk and the Secretary shall direct. |
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1 | Section 65. Compliance. All projects procured under this | ||||||
2 | Act using the design-build delivery method shall comply with | ||||||
3 | Section 2-3.12 of the School Code and shall be subject to | ||||||
4 | review and approval by the State Board of Education. | ||||||
5 | Section 90. Repeal. This Act is repealed on July 1, 2023. | ||||||
6 | Section 97. Severability. The provisions of this Act are | ||||||
7 | severable under Section 1.31 of the Statute on Statutes.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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