Full Text of HB5593 100th General Assembly
HB5593eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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. All projects procured using this delivery | 11 | | system shall comply with Section 2-3.12 of the School Code and | 12 | | shall be subject to review and approval by the State Board of | 13 | | Education. | 14 | | Section 10. Scope. This Act shall not apply to entities | 15 | | subject to the Public Building Commission Act. | 16 | | Section 15. Definitions. In this Act: | 17 | | "Delivery system" means the design and construction | 18 | | approach used to develop and construct a project. | 19 | | "Design-bid-build" means the traditional delivery system | 20 | | used on public projects in this State that incorporates the | 21 | | Architectural, Engineering, and Land Surveying Qualifications |
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| 1 | | Based Selection Act and the principles of competitive selection | 2 | | in the Illinois Procurement Code. | 3 | | "Design-build" means a delivery system that is responsible | 4 | | within a single contract for the furnishing of architecture, | 5 | | engineering, land surveying, and related services, as | 6 | | required, and the labor, materials, equipment, and other | 7 | | construction services for the project. | 8 | | "Design-build contract" means a contract for a project | 9 | | between a school district and a design-build entity to furnish | 10 | | architecture, engineering, land surveying, and related | 11 | | services, as required, and to furnish the labor, materials, | 12 | | equipment, and other construction services for the project. | 13 | | "Design-build entity" means any individual, sole | 14 | | proprietorship, firm, partnership, joint venture, corporation, | 15 | | professional corporation, or other entity that proposes to | 16 | | design and construct any public project under this Act. A | 17 | | design-build entity and any associated design-build | 18 | | professionals shall conduct themselves in accordance with the | 19 | | laws of this State and the related provisions of the Illinois | 20 | | Administrative Code, as referenced by the licensed design | 21 | | professionals Acts of this State. | 22 | | "Design professional" means any individual, sole | 23 | | proprietorship, firm, partnership, joint venture, corporation, | 24 | | professional corporation, or other entity that offers services | 25 | | under the Illinois Architecture Practice Act of 1989, | 26 | | Professional Engineering Practice Act of 1989, Structural |
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| 1 | | Engineering Practice Act of 1989, or Illinois Professional Land | 2 | | Surveyor Act of 1989. | 3 | | "Evaluation criteria" means the requirements for the | 4 | | separate phases of the selection process and may include | 5 | | specialized experience, technical qualifications and | 6 | | competence, capacity to perform, past performance, experience | 7 | | with similar projects, assignment of personnel to the project, | 8 | | and other appropriate factors. Price may not be used as a | 9 | | factor in the evaluation of Phase I 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 proposals" means the document used by a school | 14 | | district to solicit proposals for a design-build contract. | 15 | | "School district" means a public school district that | 16 | | operates under the authority of the School Code, except for a | 17 | | school district organized under Article 34 of that Code. | 18 | | "Scope and performance criteria" means the requirements | 19 | | for the project, including, but not limited to, the intended | 20 | | usage, capacity, size, scope, quality and performance | 21 | | standards, life-cycle costs, and other programmatic criteria | 22 | | that are expressed in performance-oriented and quantifiable | 23 | | specifications and drawings that can be reasonably inferred and | 24 | | are suited to allow a design-build entity to develop a | 25 | | proposal. |
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| 1 | | Section 20. Procedures. | 2 | | (a) It shall be the policy of a 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, with due regard for the principles of | 7 | | competitive selection. A school district shall, prior to | 8 | | issuing a request for proposals, promulgate and publish | 9 | | procedures for the solicitation and award of contracts pursuant | 10 | | 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. In making that | 17 | | determination, a school district shall consider all of the | 18 | | following factors: | 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. | 25 | | (3) The ability of the design-build entity to define | 26 | | and provide comprehensive scope and performance criteria |
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| 1 | | for the project. | 2 | | Section 25. Solicitation of proposals. | 3 | | (a) If a school district elects to use the design-build | 4 | | delivery method under this Act, it must issue a notice of | 5 | | intent to receive proposals for the project no less than 14 | 6 | | days before issuing the request for proposals. A school | 7 | | district must publish the advance notice in a daily newspaper | 8 | | of general circulation in the area where the school district is | 9 | | located. A school district may publish the notice in related | 10 | | construction-industry service publications. A brief | 11 | | description of the proposed procurement must be included in the | 12 | | notice. A school district must provide a copy of the request | 13 | | for proposals to any party requesting a copy. | 14 | | (b) A request for proposals under subsection (a) of this | 15 | | Section shall be prepared for each project and must include, | 16 | | but is not limited to, all of the following: | 17 | | (1) The name of the school district. | 18 | | (2) A preliminary schedule for the completion of the | 19 | | contract. | 20 | | (3) The proposed budget for the project, the source of | 21 | | the required funds, and the currently available funds at | 22 | | the time the request for proposals is submitted. | 23 | | (4) Prequalification criteria for the design-build | 24 | | entities that submit proposals. A school district shall | 25 | | include, at a minimum, its normal prequalification, |
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| 1 | | licensing, and registration requirements. Nothing | 2 | | contained in this paragraph (4) shall preclude the use of | 3 | | additional prequalification criteria by a school district. | 4 | | (5) Material requirements of the contract, including, | 5 | | but not limited to, the proposed terms and conditions, | 6 | | required performance and payment bonds, insurance, and the | 7 | | design-build entity's plan to comply with the utilization | 8 | | goals established by the corporate authorities of the | 9 | | school district for minority-owned and women-owned | 10 | | business enterprises and to comply with Section 2-105 of | 11 | | the Illinois Human Rights Act. | 12 | | (6) The performance criteria. | 13 | | (7) The evaluation criteria for each phase of the | 14 | | solicitation. Price may not be used as a factor in the | 15 | | evaluation of Phase I proposals. | 16 | | (8) The number of entities that shall be considered for | 17 | | the technical and cost evaluation phase. | 18 | | (c) A school district may include any other relevant | 19 | | information in the request for proposals. The design-build | 20 | | entity shall be entitled to rely upon the accuracy of this | 21 | | documentation in the development of its proposal. | 22 | | (d) The date that proposals are due must be no less than 21 | 23 | | calendar days after the date of the issuance of the request for | 24 | | proposals. If the cost of the project is estimated to exceed | 25 | | $10,000,000, then the proposal's due date must be no less than | 26 | | 28 calendar days after the date of the issuance of the request |
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| 1 | | for proposals. A school district shall include in the request | 2 | | for proposals a minimum of 30 days to develop the Phase II | 3 | | submissions after the selection of entities from the Phase I | 4 | | evaluation is completed. | 5 | | Section 30. Development of scope and performance criteria. | 6 | | (a) A request for proposals under this Act shall be | 7 | | developed with the assistance of a licensed design professional | 8 | | and shall include scope and performance criteria. The scope and | 9 | | performance criteria must be in sufficient detail and contain | 10 | | adequate information to reasonably apprise the qualified | 11 | | design-build entities of the school district's overall | 12 | | programmatic needs and goals, including criteria and | 13 | | preliminary design plans, general budget parameters, schedule, | 14 | | and delivery requirements. Each request for proposals shall | 15 | | also include a description of the level of design to be | 16 | | provided in the proposals. This description must include the | 17 | | scope and type of renderings, drawings, and specifications | 18 | | that, at a minimum, shall be required by the school district to | 19 | | be produced by the design-build entities. | 20 | | (b) The scope and performance criteria shall be prepared by | 21 | | a design professional who is an employee of the school district | 22 | | or by an independent design professional selected under the | 23 | | Architectural, Engineering, and Land Surveying Qualifications | 24 | | Based Selection Act contracted by the school district to | 25 | | provide these services. |
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| 1 | | (c) The design professional that prepares the scope and | 2 | | performance criteria is prohibited from participating in any | 3 | | design-build entity proposal for the project. | 4 | | (d) The design-build contract may be conditioned upon | 5 | | subsequent refinements in scope and price and may allow the | 6 | | school district to make modifications in the project scope | 7 | | without invalidating the design-build contract. | 8 | | Section 35. Selection committee. | 9 | | (a) A school district that elects to use the design-build | 10 | | delivery method under this Act shall establish a committee to | 11 | | evaluate and select the design-build entity. The committee, | 12 | | under the discretion of the school district, shall consist of | 13 | | no less than 5 members and no more than 7 members and shall | 14 | | include no less than one licensed design professional. | 15 | | (b) Each member of the selection committee must certify for | 16 | | each request for proposals that no conflict of interest exists | 17 | | between the member and the design-build entities submitting | 18 | | proposals. If a conflict is discovered before proposals are | 19 | | reviewed, the member must be replaced before any review of | 20 | | proposals. If a conflict is discovered after proposals are | 21 | | reviewed, the member with the conflict shall be removed and, if | 22 | | no less than 5 members remain, the remaining committee members | 23 | | may complete the selection process. | 24 | | Section 40. Procedures for selection. |
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| 1 | | (a) A school district electing to use the design-build | 2 | | delivery method must use a 2-phase procedure for the selection | 3 | | of the successful design-build entity. Phase I of the procedure | 4 | | shall evaluate and shortlist the design-build entities based on | 5 | | qualifications and Phase II of the procedure shall evaluate the | 6 | | technical and cost proposals. | 7 | | (b) A school district shall include in the request for | 8 | | proposal the evaluating factors to be used in Phase I. These | 9 | | factors are in addition to any prequalification requirements of | 10 | | design-build entities that the school district has set forth. | 11 | | Each request for proposals shall establish the relative | 12 | | importance assigned to each evaluation factor and subfactor, | 13 | | including any weighing of criteria to be employed by the school | 14 | | district. A school district must maintain a record of the | 15 | | evaluation scoring to be disclosed in event of a protest | 16 | | regarding the solicitation. | 17 | | (c) A school district shall include the following criteria | 18 | | in every Phase I evaluation of design-build entities: (i) | 19 | | experience of personnel; (ii) successful experience with | 20 | | similar project types; (iii) financial capability; (iv) | 21 | | timeliness of past performance; (v) experience with | 22 | | similarly-sized projects; (vi) successful reference checks of | 23 | | the entity; (vii) commitment to assign personnel for the | 24 | | duration of the project and qualifications of the entity's | 25 | | consultants; and (viii) ability or past performance in meeting | 26 | | or exhausting good faith efforts to meet the utilization goals |
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| 1 | | for minority-owned and women-owned business enterprises | 2 | | established by the corporate authorities of the school district | 3 | | and in complying with Section 2-105 of the Illinois Human | 4 | | Rights Act. A school district may include any additional | 5 | | relevant criteria in Phase I that it deems necessary for a | 6 | | proper qualification review. The school district may not | 7 | | consider any design-build
entity for evaluation or award if the | 8 | | entity has any pecuniary
interest in the project or has other | 9 | | relationships or
circumstances, including, but not limited to, | 10 | | a long-term
leasehold, mutual performance, or development | 11 | | contracts with
the school district that may give the | 12 | | design-build entity a
financial or tangible advantage over | 13 | | other design-build
entities in the preparation, evaluation, or | 14 | | performance of the
design-build contract or that create the | 15 | | appearance of
impropriety. No design-build proposal shall be | 16 | | considered that does not include a design-build entity's plan | 17 | | to comply with the utilization goals established by the | 18 | | corporate authorities of the school district for | 19 | | minority-owned and women-owned business enterprises and with | 20 | | Section 2-105 of the Illinois Human Rights Act.
| 21 | | (d) Upon completion of the qualifications evaluation, a | 22 | | school district shall create a shortlist of the most highly | 23 | | qualified design-build entities. A school district is not | 24 | | required to shortlist the maximum number of entities as | 25 | | identified for Phase II evaluation, provided that no less than | 26 | | 2 and no more than 6 design-build entities are selected to |
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| 1 | | submit Phase II proposals. A school district shall provide | 2 | | written notification to the entities selected for the | 3 | | shortlist. This notification shall commence the period for the | 4 | | preparation of the Phase II technical and cost evaluations. A | 5 | | school district must allow sufficient time for the shortlist | 6 | | entities to prepare their Phase II submittals considering the | 7 | | scope and detail requested by the school district. | 8 | | (e) A school district shall include in the request for | 9 | | proposals the evaluating factors to be used in the technical | 10 | | and cost submission components of Phase II. Each request for | 11 | | proposals shall establish, for both the technical and cost | 12 | | submission components of Phase II, the relative importance | 13 | | assigned to each evaluation factor and subfactor, including any | 14 | | weighing of criteria to be employed by the school district. The | 15 | | school district must maintain a record of the evaluation | 16 | | scoring, to be disclosed in the event of a protest regarding | 17 | | the solicitation. | 18 | | (f) A school district shall include the following criteria | 19 | | in every Phase II technical evaluation of design-build | 20 | | entities: (i) compliance with objectives of the project; (ii) | 21 | | compliance of proposed services to the request for proposals | 22 | | requirements; (iii) quality of products or materials proposed; | 23 | | (iv) quality of design parameters; (v) design concepts; (vi) | 24 | | innovation in meeting the scope and performance criteria; and | 25 | | (vii) constructability of the proposed project. A school | 26 | | district may include any additional relevant technical |
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| 1 | | evaluation factors it deems necessary for proper selection. A | 2 | | school district shall include the following criteria in every | 3 | | Phase II cost evaluation: (I) the total project cost; (II) the | 4 | | construction costs; and (III) the time of completion. A school | 5 | | district may include any additional relevant evaluation | 6 | | factors it deems necessary for proper selection. The total | 7 | | project cost criteria weighing factor shall not exceed 30%. | 8 | | (g) A school district shall directly employ or retain a | 9 | | licensed design professional to evaluate the technical and cost | 10 | | submissions to determine if the technical submissions are in | 11 | | accordance with generally accepted industry standards. Upon | 12 | | completion of the technical submissions and cost submissions | 13 | | evaluation, a school district may award the design-build | 14 | | contract to the highest overall ranked entity. | 15 | | Section 45. Small projects. In any case where the total | 16 | | overall cost of the project is estimated to be less than | 17 | | $10,000,000, a school district may combine the 2-phase | 18 | | procedure for selection under Section 40 of this Act into one | 19 | | combined step; provided that all the requirements of evaluation | 20 | | are performed in accordance with Section 40 of this Act. | 21 | | Section 50. Submission of proposals. | 22 | | (a) Proposals under this Act must be properly identified | 23 | | and sealed. Proposals may not be reviewed until after the | 24 | | deadline for submission has passed as set forth in the request |
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| 1 | | for proposals. All design-build entities submitting proposals | 2 | | shall be disclosed after the deadline for submission, and all | 3 | | design-build entities who are selected for Phase II evaluation | 4 | | shall be disclosed at the time of that determination. | 5 | | (b) Proposals shall include a bid bond in the form and | 6 | | security as designated in the request for proposals. Proposals | 7 | | shall also contain a separate sealed envelope with the cost | 8 | | information within the overall proposal submission. Proposals | 9 | | shall include a list of all design professionals and other | 10 | | entities, in accordance with Section 30-30 of the Illinois | 11 | | Procurement Code, to which any work may be subcontracted during | 12 | | the performance of the contract. | 13 | | (c) Proposals must meet all material requirements of the | 14 | | request for proposals, or they may be rejected as | 15 | | non-responsive. A school district shall have the right to | 16 | | reject any and all proposals. The drawings and specifications | 17 | | of the proposal shall remain the property of the design-build | 18 | | entity. A school district shall review the proposals for | 19 | | compliance with the performance criteria and evaluation | 20 | | factors. Proposals may be withdrawn prior to evaluation for any | 21 | | cause. After evaluation begins by a school district, clear and | 22 | | convincing evidence of error is required for withdrawal. | 23 | | (d) After a proposal has been submitted in accordance with | 24 | | this Act, a design-build entity may not replace, remove, or | 25 | | otherwise modify any firm identified as a member of the | 26 | | design-build team unless one of the following criteria is met: |
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| 1 | | (1) The firm is no longer in business. | 2 | | (2) The firm is unable to fulfill its legal, financial, | 3 | | or business obligations. | 4 | | (3) The firm no longer meets the terms of the agreement | 5 | | with the design-build entity. | 6 | | (4) The firm voluntarily removes itself from the | 7 | | design-build entity. | 8 | | (5) The firm fails to provide a sufficient number of | 9 | | qualified personnel to fulfill the duties identified in the | 10 | | proposal. | 11 | | (6) The firm fails to negotiate in good faith and in a | 12 | | timely manner in accordance with the provisions | 13 | | established in the agreement with the design-build entity. | 14 | | If the design-build entity modifies the team, any cost | 15 | | savings shall accrue to the school district and not to the | 16 | | design-build entity. If a design-build entity is modified at | 17 | | any time during the term of a design-build contract, the | 18 | | design-build entity shall notify the State Board of Education | 19 | | and the school district in writing within 15 calendar days of | 20 | | making the change. | 21 | | Section 55. Award. A school district may award the contract | 22 | | to the highest overall ranked entity. A school district shall | 23 | | provide a written notification to the awarded entity and all | 24 | | unsuccessful entities of its decision. A school district may | 25 | | not request a best and final offer after the receipt of |
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| 1 | | proposals. A school district may negotiate with the selected | 2 | | design-build entity after the award, but prior to contract | 3 | | execution, for the purpose of securing better terms than | 4 | | originally proposed; provided that the salient features of the | 5 | | request for proposal are not diminished. | 6 | | Section 60. Reports. The design-build entity, regional | 7 | | superintendent of schools, and State Board of Education shall | 8 | | annually submit a detailed report to the General Assembly on | 9 | | the status of projects procured under this Act, including | 10 | | estimated and actual project costs, estimated and actual | 11 | | project delivery schedules, estimated cost differences | 12 | | resulting from the design-build delivery system over the | 13 | | traditional design-bid-build delivery system, and any other | 14 | | impacts resulting from the use of the design-build delivery | 15 | | system. The report shall also document the design-build | 16 | | entity's success in complying with the utilization goals | 17 | | established by the corporate authorities of the school district | 18 | | for minority-owned and women-owned business enterprises and | 19 | | Section 2-105 of the Illinois Human Rights Act. The report | 20 | | shall be filed with the Clerk of the House of Representatives | 21 | | and the Secretary of the Senate in electronic form only, in the | 22 | | manner that the Clerk and the Secretary shall direct. | 23 | | Section 65. Compliance. All projects procured under this | 24 | | Act using the design-build delivery method shall comply with |
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| 1 | | Section 2-3.12 of the School Code and shall be subject to | 2 | | review and approval by the State Board of Education. | 3 | | Section 90. Repeal. This Act is repealed on July 1, 2023. | 4 | | Section 97. Severability. The provisions of this Act are | 5 | | severable under Section 1.31 of the Statute on Statutes.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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