Full Text of HB3289 100th General Assembly
HB3289ham001 100TH GENERAL ASSEMBLY | Rep. Thaddeus Jones Filed: 3/20/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3289
| 2 | | AMENDMENT NO. ______. Amend House Bill 3289 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Innovative Project Delivery Act. | 6 | | Section 5. Legislative policy. It is the intent of the | 7 | | General Assembly that school districts be allowed to use the | 8 | | design-build delivery method for public projects if it is shown | 9 | | to be in the school district's best interest for that | 10 | | particular project. | 11 | | Section 10. Scope. This Act shall not apply to entities | 12 | | subject to the Public Building Commission Act. | 13 | | Section 15. Definitions. As used 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 provides | 8 | | responsibility within a single contract for the furnishing of | 9 | | architecture, engineering, land surveying and related services | 10 | | as 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 | | under this Act between the school district and a design-build | 14 | | entity to furnish architecture, engineering, land surveying, | 15 | | and related services as required, and to furnish the labor, | 16 | | materials, equipment, and other construction services for the | 17 | | project. The design-build contract may be conditioned upon | 18 | | subsequent refinements in scope and price and may allow the | 19 | | school district to make modifications in the project scope | 20 | | without invalidating the design-build contract. | 21 | | "Design professional" means any individual, sole | 22 | | proprietorship, firm, partnership, joint venture, corporation, | 23 | | professional corporation, or other entity that offers services | 24 | | under the Illinois Architecture Practice Act of 1989, the | 25 | | Professional Engineering Practice Act of 1989, the Structural | 26 | | Engineering Practice Act of 1989, or the Illinois Professional |
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| 1 | | Land Surveyor Act of 1989. | 2 | | "Evaluation criteria" means the requirements for the | 3 | | separate phases of the selection process as defined in this Act | 4 | | and may include the specialized experience, technical | 5 | | qualifications and competence, capacity to perform, past | 6 | | performance, experience with similar projects, assignment of | 7 | | personnel to the project, and other appropriate factors. Price | 8 | | may not be used as a factor in the evaluation of Phase I | 9 | | proposals. | 10 | | "Proposal" means the offer to enter into a design-build | 11 | | contract as submitted by a design-build entity in accordance | 12 | | with this Act. | 13 | | "Request for proposal" means the document used by the | 14 | | school district to solicit proposals for a design-build | 15 | | contract. | 16 | | "School district" means public school districts that | 17 | | operate under the authority of the School Code, except a school | 18 | | district organized under Article 34 of that Code. | 19 | | "Scope and performance criteria" means the requirements | 20 | | for the project, including but not limited to, the intended | 21 | | usage, capacity, size, scope, quality and performance | 22 | | standards, life-cycle costs, and other programmatic criteria | 23 | | that are expressed in performance-oriented and quantifiable | 24 | | specifications and drawings that can be reasonably inferred and | 25 | | are suited to allow a design-build entity to develop a | 26 | | proposal. |
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| 1 | | Section 20. Procedures. | 2 | | (a) It shall be the policy of the school district in the | 3 | | procurement of design-build services to publicly announce all | 4 | | requirements for design-build services and to procure these | 5 | | services on the basis of demonstrated competence and | 6 | | qualifications and with due regard for the principles of | 7 | | competitive selection. | 8 | | A school district shall, prior to issuing requests for | 9 | | proposals, promulgate and publish procedures for the | 10 | | solicitation and award of contracts pursuant to this Act. | 11 | | (b) A school district shall, for each project or projects | 12 | | permitted under this Act, make a written determination, | 13 | | including a description as to the particular advantages of the | 14 | | design-build procurement method, that it is in the best | 15 | | interests of the school district to enter into a design-build | 16 | | contract for the project or projects. | 17 | | In making that determination, the following factors shall | 18 | | be considered: | 19 | | (1) the probability that the design-build procurement | 20 | | method will be in the best interests of the school district | 21 | | by providing a material savings of time or cost over the | 22 | | design-bid-build or other delivery system; | 23 | | (2) the type and size of the project and its | 24 | | suitability to the design-build procurement method; and | 25 | | (3) the ability of the design-build entity to define |
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| 1 | | and provide comprehensive scope and performance criteria | 2 | | for the project. | 3 | | (c) No school district may use a design-build procurement | 4 | | method unless the school district determines that the project | 5 | | will comply with the disadvantaged business and equal | 6 | | employment practices of the State as established in the | 7 | | Business Enterprise for Minorities, Females, and Persons with | 8 | | Disabilities Act and Section 2-105 of the Illinois Human Rights | 9 | | Act. | 10 | | Section 25. Solicitation of proposals. | 11 | | (a) When a school district elects to use the design-build | 12 | | delivery method under this Act, it must issue a notice of | 13 | | intent to receive requests for proposals for the project at | 14 | | least 14 days before issuing the request for the proposal. The | 15 | | school district must publish the advance notice in a daily | 16 | | newspaper of general circulation in the area where the school | 17 | | district is located. The school district is encouraged to use | 18 | | publication of the notice in related construction industry | 19 | | service publications. A brief description of the proposed | 20 | | procurement must be included in the notice. The school district | 21 | | must provide a copy of the request for proposal to any party | 22 | | requesting a copy. | 23 | | (b) The request for proposal shall be prepared for each | 24 | | project and must contain, without limitation, the following | 25 | | information: |
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| 1 | | (1) The name of the school district. | 2 | | (2) A preliminary schedule for the completion of the | 3 | | contract. | 4 | | (3) The proposed budget for the project, the source of | 5 | | funds, and the currently available funds at the time the | 6 | | request for proposal is submitted. | 7 | | (4) Prequalification criteria for design-build | 8 | | entities wishing to submit proposals. The school district | 9 | | shall include, at a minimum, its normal prequalification, | 10 | | licensing, registration, and other requirements, but | 11 | | nothing contained in this paragraph (4) precludes the use | 12 | | of additional prequalification criteria by the school | 13 | | district. | 14 | | (5) Material requirements of the contract, including, | 15 | | but not limited to, the proposed terms and conditions, | 16 | | required performance and payment bonds, and insurance, and | 17 | | the entity's plan to comply with the utilization goals for | 18 | | business enterprise established in the Business Enterprise | 19 | | for Minorities, Females, and Persons with Disabilities Act | 20 | | and with Section 2-105 of the Illinois Human Rights Act. | 21 | | (6) The performance criteria. | 22 | | (7) The evaluation criteria for each phase of the | 23 | | solicitation. | 24 | | (8) The number of entities that will be considered for | 25 | | the technical and cost evaluation phase. | 26 | | (c) The school district may include any other relevant |
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| 1 | | information that it chooses to supply. The design-build entity | 2 | | shall be entitled to rely upon the accuracy of this | 3 | | documentation in the development of its proposal. | 4 | | (d) The date that proposals are due must be at least 21 | 5 | | calendar days after the date of the issuance of the request for | 6 | | proposal. If the cost of the project is estimated to exceed | 7 | | $10,000,000, then the proposal due date must be at least 28 | 8 | | calendar days after the date of the issuance of the request for | 9 | | proposal. The school district shall include in the request for | 10 | | proposal a minimum of 30 days to develop the Phase II | 11 | | submissions after the selection of entities from the Phase I | 12 | | evaluation is completed. | 13 | | Section 30. Development of scope and performance criteria. | 14 | | (a) When a school district elects to use the design-build | 15 | | delivery method, it shall develop, with the assistance of a | 16 | | licensed design professional, a request for proposal, which | 17 | | shall include scope and performance criteria. The scope and | 18 | | performance criteria must be in sufficient detail and contain | 19 | | adequate information to reasonably apprise the qualified | 20 | | design-build entities of the school district's overall | 21 | | programmatic needs and goals, including criteria and | 22 | | preliminary design plans, general budget parameters, schedule, | 23 | | and delivery requirements. | 24 | | (b) Each request for proposal shall also include a | 25 | | description of the level of design to be provided in the |
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| 1 | | proposals. This description must include the scope and type of | 2 | | renderings, drawings, and specifications that, at a minimum, | 3 | | will be required by the school district to be produced by the | 4 | | design-build entities. | 5 | | (c) The scope and performance criteria shall be prepared by | 6 | | a design professional who is an employee of the school | 7 | | district, or the school district may contract with an | 8 | | independent design professional selected under the | 9 | | Architectural, Engineering, and Land Surveying Qualification | 10 | | Based Selection Act to provide these services. | 11 | | (d) The design professional that prepares the scope and | 12 | | performance criteria is prohibited from participating in any | 13 | | design-build entity proposal for the project. | 14 | | Section 35. Selection committee. | 15 | | (a) When a school district elects to use the design-build | 16 | | delivery method, it shall establish a committee to evaluate and | 17 | | select the design-build entity. The committee, under the | 18 | | discretion of the school district, shall consist of at least 5 | 19 | | but no more than 7 members and shall include at least one | 20 | | licensed design professional. | 21 | | (b) The members of the selection committee must certify for | 22 | | each request for proposal that no conflict of interest exists | 23 | | between the members and the design-build entities submitting | 24 | | proposals. If a conflict is discovered before proposals are | 25 | | reviewed, the member must be replaced before any review of |
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| 1 | | proposals. | 2 | | If a conflict is discovered after proposals are reviewed, | 3 | | the member with the conflict shall be removed and, if at least | 4 | | 5 members remain, the remaining committee members may complete | 5 | | the selection process.
| 6 | | Section 40. Procedures for selection. | 7 | | (a) The school district electing to use the design-build | 8 | | delivery method must use a two-phase procedure for the | 9 | | selection of the successful design-build entity. Phase I of the | 10 | | procedure will evaluate and shortlist the design-build | 11 | | entities based on qualifications, and Phase II will evaluate | 12 | | the technical and cost proposals. | 13 | | (b) The school district shall include in the request for | 14 | | proposal the evaluating factors to be used in Phase I. These | 15 | | factors are in addition to any prequalification requirements of | 16 | | design-build entities that the school district has set forth. | 17 | | Each request for proposal shall establish the relative | 18 | | importance assigned to each evaluation factor and subfactor, | 19 | | including any weighting of criteria to be employed by the | 20 | | school district. The school district must maintain a record of | 21 | | the evaluation scoring to be disclosed in event of a protest | 22 | | regarding the solicitation. | 23 | | The school district shall include the following criteria in | 24 | | every Phase I evaluation of design-build entities: (1) | 25 | | experience of personnel; (2) successful experience with |
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| 1 | | similar project types; (3) financial capability; (4) | 2 | | timeliness of past performance; (5) experience with | 3 | | similarly-sized projects; (6) successful reference checks of | 4 | | the firm; (7) commitment to assign personnel for the duration | 5 | | of the project and qualifications of the entity's consultants; | 6 | | and (8) ability or past performance in meeting or exhausting | 7 | | good faith efforts to meet the utilization goals for business | 8 | | enterprises established in the Business Enterprise for | 9 | | Minorities, Females, and Persons with Disabilities Act and with | 10 | | Section 2-105 of the Illinois Human Rights Act. The school | 11 | | district may include any additional relevant criteria in Phase | 12 | | I that it deems necessary for a proper qualification review. | 13 | | The school district may not consider any design-build | 14 | | entity for evaluation or award if the entity has any pecuniary | 15 | | interest in the project or has other relationships or | 16 | | circumstances, including, but not limited to, long-term | 17 | | leasehold, mutual performance, or development contracts with | 18 | | the school district, that may give the design-build entity a | 19 | | financial or tangible advantage over other design-build | 20 | | entities in the preparation, evaluation, or performance of the | 21 | | design-build contract or that create the appearance of | 22 | | impropriety. No proposal shall be considered that does not | 23 | | include an entity's plan to comply with the requirements | 24 | | established in the Business Enterprise for Minorities, | 25 | | Females, and Persons with Disabilities Act, for both the design | 26 | | and construction areas of performance, and with Section 2-105 |
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| 1 | | of the Illinois Human Rights Act. | 2 | | Upon completion of the qualifications evaluation, the | 3 | | school district shall create a shortlist of the most highly | 4 | | qualified design-build entities. The school district, in its | 5 | | discretion, is not required to shortlist the maximum number of | 6 | | entities as identified for Phase II evaluation, provided | 7 | | however, no less than 2 design-build entities nor more than 6 | 8 | | are selected to submit Phase II proposals. | 9 | | The school district shall notify the entities selected for | 10 | | the shortlist in writing. This notification shall commence the | 11 | | period for the preparation of the Phase II technical and cost | 12 | | evaluations. The school district must allow sufficient time for | 13 | | the shortlist entities to prepare their Phase II submittals | 14 | | considering the scope and detail requested by the school | 15 | | district. | 16 | | (c) The school district shall include in the request for | 17 | | proposal the evaluating factors to be used in the technical and | 18 | | cost submission components of Phase II. Each request for | 19 | | proposal shall establish, for both the technical and cost | 20 | | submission components of Phase II, the relative importance | 21 | | assigned to each evaluation factor and subfactor, including any | 22 | | weighting of criteria to be employed by the school district. | 23 | | The school district must maintain a record of the evaluation | 24 | | scoring to be disclosed in event of a protest regarding the | 25 | | solicitation. | 26 | | The school district shall include the following criteria in |
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| 1 | | every Phase II technical evaluation of design-build entities: | 2 | | (1) compliance with objectives of the project; (2) compliance | 3 | | of proposed services to the request for proposal requirements; | 4 | | (3) quality of products or materials proposed; (4) quality of | 5 | | design parameters; (5) design concepts; (6) innovation in | 6 | | meeting the scope and performance criteria; and (7) | 7 | | constructability of the proposed project. The school district | 8 | | may include any additional relevant technical evaluation | 9 | | factors it deems necessary for proper selection. | 10 | | The school district shall include the following criteria in | 11 | | every Phase II cost evaluation: the total project cost, the | 12 | | construction costs, and the time of completion. The school | 13 | | district may include any additional relevant technical | 14 | | evaluation factors it deems necessary for proper selection. The | 15 | | total project cost criteria weighing factor shall not exceed | 16 | | 30%. | 17 | | The school district shall directly employ or retain a | 18 | | licensed design professional to evaluate the technical and cost | 19 | | submissions to determine if the technical submissions are in | 20 | | accordance with generally accepted industry standards. | 21 | | Upon completion of the technical submissions and cost | 22 | | submissions evaluation, the school district may award the | 23 | | design-build contract to the highest overall ranked entity. | 24 | | Section 45. Small projects. In any case where the total | 25 | | overall cost of the project is estimated to be less than |
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| 1 | | $10,000,000, the school district may combine the two-phase | 2 | | procedure for selection described in Section 40 into one | 3 | | combined step, provided that all the requirements of evaluation | 4 | | are performed in accordance with Section 40 of this Act. | 5 | | Section 50. Submission of proposals. Proposals must be | 6 | | properly identified and sealed. Proposals may not be reviewed | 7 | | until after the deadline for submission has passed as set forth | 8 | | in the request for proposals. All design-build entities | 9 | | submitting proposals shall be disclosed after the deadline for | 10 | | submission, and all design-build entities who are selected for | 11 | | Phase II evaluation shall also be disclosed at the time of that | 12 | | determination. | 13 | | Proposals shall include a bid bond in the form and security | 14 | | as designated in the request for proposals. Proposals shall | 15 | | also contain a separate sealed envelope with the cost | 16 | | information within the overall proposal submission. Proposals | 17 | | shall include a list of all design professionals and other | 18 | | entities, as defined in Section 30-30 of the Illinois | 19 | | Procurement Code, to which any work may be subcontracted during | 20 | | the performance of the contract. | 21 | | Proposals must meet all material requirements of the | 22 | | request for proposal or they may be rejected as non-responsive. | 23 | | The school district shall have the right to reject any and all | 24 | | proposals. | 25 | | The drawings and specifications of the proposal shall |
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| 1 | | remain the property of the design-build entity. | 2 | | The school district shall review the proposals for | 3 | | compliance with the performance criteria and evaluation | 4 | | factors. | 5 | | Proposals may be withdrawn prior to evaluation for any | 6 | | cause. After evaluation begins by the school district, clear | 7 | | and convincing evidence of error is required for withdrawal. | 8 | | Section 55. Award. The school district may award the | 9 | | contract to the highest overall ranked entity. Notice of award | 10 | | shall be made in writing. Unsuccessful entities shall also be | 11 | | notified in writing. The school district may not request a best | 12 | | and final offer after the receipt of proposals. The school | 13 | | district may negotiate with the selected design-build entity | 14 | | after award but prior to contract execution for the purpose of | 15 | | securing better terms than originally proposed, provided that | 16 | | the salient features of the request for proposal are not | 17 | | diminished. | 18 | | Section 60. Repeal. This Act is repealed on July 1, 2021. | 19 | | Section 97. Severability. The provisions of this Act are | 20 | | severable under Section 1.31 of the Statute on Statutes.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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