Full Text of HB5593 100th General Assembly
HB5593ham002 100TH GENERAL ASSEMBLY | Rep. Thaddeus Jones Filed: 4/26/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5593
| 2 | | AMENDMENT NO. ______. Amend House Bill 5593 by replacing | 3 | | everything after the enacting clause with the following:
| 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.
| 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.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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