Illinois General Assembly - Full Text of HB5593
Illinois General Assembly

Previous General Assemblies

Full Text of HB5593  100th General Assembly

HB5593ham002 100TH GENERAL ASSEMBLY

Rep. Thaddeus Jones

Filed: 4/26/2018

 

 


 

 


 
10000HB5593ham002LRB100 19685 AXK 39227 a

1
AMENDMENT TO HOUSE BILL 5593

2    AMENDMENT NO. ______. Amend House Bill 5593 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Design-Build for Public Schools Act.
 
6    Section 5. Legislative intent. It is the intent of the
7General Assembly to authorize up to 5 design-build
8demonstration projects statewide where it is shown to be in a
9school district's best interest, as determined by the State
10Board of Education.
 
11    Section 10. Scope. This Act shall not apply to entities
12subject to the Public Building Commission Act.
 
13    Section 15. Definitions. In this Act:
14    "Delivery system" means the design and construction

 

 

10000HB5593ham002- 2 -LRB100 19685 AXK 39227 a

1approach used to develop and construct a project.
2    "Design-bid-build" means the traditional delivery system
3used on public projects in this State that incorporates the
4Architectural, Engineering, and Land Surveying Qualifications
5Based Selection Act and the principles of competitive selection
6in the Illinois Procurement Code.
7    "Design-build" means a delivery system that is responsible
8within a single contract for the furnishing of architecture,
9engineering, land surveying, and related services, as
10required, and the labor, materials, equipment, and other
11construction services for the project.
12    "Design-build contract" means a contract for a project
13between a school district and a design-build entity to furnish
14architecture, engineering, land surveying, and related
15services, as required, and to furnish the labor, materials,
16equipment, and other construction services for the project.
17    "Design-build entity" means any individual, sole
18proprietorship, firm, partnership, joint venture, corporation,
19professional corporation, or other entity that proposes to
20design and construct any public project under this Act. A
21design-build entity and any associated design-build
22professionals shall conduct themselves in accordance with the
23laws of this State and the related provisions of the Illinois
24Administrative Code, as referenced by the licensed design
25professionals Acts of this State.
26    "Design professional" means any individual, sole

 

 

10000HB5593ham002- 3 -LRB100 19685 AXK 39227 a

1proprietorship, firm, partnership, joint venture, corporation,
2professional corporation, or other entity that offers services
3under the Illinois Architecture Practice Act of 1989,
4Professional Engineering Practice Act of 1989, Structural
5Engineering Practice Act of 1989, or Illinois Professional Land
6Surveyor Act of 1989.
7    "Evaluation criteria" means the requirements for the
8separate phases of the selection process and may include
9specialized experience, technical qualifications and
10competence, capacity to perform, past performance, experience
11with similar projects, assignment of personnel to the project,
12and other appropriate factors.
13    "Proposal" means the offer to enter into a design-build
14contract as submitted by a design-build entity in accordance
15with this Act.
16    "Request for proposals" means the document used by a school
17district to solicit proposals for a design-build contract.
18    "School district" means a public school district that
19operates under the authority of the School Code, except for a
20school district organized under Article 34 of that Code.
21    "Scope and performance criteria" means the requirements
22for the project, including, but not limited to, the intended
23usage, capacity, size, scope, quality and performance
24standards, life-cycle costs, and other programmatic criteria
25that are expressed in performance-oriented and quantifiable
26specifications and drawings that can be reasonably inferred and

 

 

10000HB5593ham002- 4 -LRB100 19685 AXK 39227 a

1are suited to allow a design-build entity to develop a
2proposal.
 
3    Section 20. Procedures.
4    (a) It shall be the policy of a school district in the
5procurement of design-build services to publicly announce all
6requirements for design-build services and to procure these
7services on the basis of demonstrated competence and
8qualifications, with due regard for the principles of
9competitive selection. A school district shall, prior to
10issuing a request for proposals, promulgate and publish
11procedures for the solicitation and award of contracts pursuant
12to this Act.
13    (b) A school district shall, for each project or projects
14permitted under this Act, make a written determination,
15including a description as to the particular advantages of the
16design-build procurement method, that it is in the best
17interests of the school district to enter into a design-build
18contract for the project or projects. In making that
19determination, a school district shall consider all of the
20following 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

 

 

10000HB5593ham002- 5 -LRB100 19685 AXK 39227 a

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
7delivery method under this Act, it must issue a notice of
8intent to receive proposals for the project no less than 14
9days before issuing the request for proposals. A school
10district must publish the advance notice in a daily newspaper
11of general circulation in the area where the school district is
12located. A school district may publish the notice in related
13construction-industry service publications. A brief
14description of the proposed procurement must be included in the
15notice. A school district must provide a copy of the request
16for proposals to any party requesting a copy.
17    (b) A request for proposals under subsection (a) of this
18Section shall be prepared for each project and must include,
19but 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.

 

 

10000HB5593ham002- 6 -LRB100 19685 AXK 39227 a

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
22information in the request for proposals. The design-build
23entity shall be entitled to rely upon the accuracy of this
24documentation in the development of its proposal.
25    (d) The date that proposals are due must be no less than 21
26calendar days after the date of the issuance of the request for

 

 

10000HB5593ham002- 7 -LRB100 19685 AXK 39227 a

1proposals. 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
328 calendar days after the date of the issuance of the request
4for proposals. A school district shall include in the request
5for proposals a minimum of 30 days to develop the Phase II
6submissions after the selection of entities from the Phase I
7evaluation is completed.
 
8    Section 30. Development of scope and performance criteria.
9    (a) A request for proposals under this Act shall be
10developed with the assistance of a licensed design professional
11and shall include scope and performance criteria. The scope and
12performance criteria must be in sufficient detail and contain
13adequate information to reasonably apprise the qualified
14design-build entities of the school district's overall
15programmatic needs and goals, including criteria and
16preliminary design plans, general budget parameters, schedule,
17and delivery requirements. Each request for proposals shall
18also include a description of the level of design to be
19provided in the proposals. This description must include the
20scope and type of renderings, drawings, and specifications
21that, at a minimum, shall be required by the school district to
22be produced by the design-build entities.
23    (b) The scope and performance criteria shall be prepared by
24a design professional who is an employee of the school district
25or by an independent design professional selected under the

 

 

10000HB5593ham002- 8 -LRB100 19685 AXK 39227 a

1Architectural, Engineering, and Land Surveying Qualifications
2Based Selection Act contracted by the school district to
3provide these services.
4    (c) The design professional that prepares the scope and
5performance criteria is prohibited from participating in any
6design-build entity proposal for the project.
7    (d) The design-build contract may be conditioned upon
8subsequent refinements in scope and price and may allow the
9school district to make modifications in the project scope
10without invalidating the design-build contract.
 
11    Section 35. Selection committee.
12    (a) A school district that elects to use the design-build
13delivery method under this Act shall establish a committee to
14evaluate and select the design-build entity. The committee,
15under the discretion of the school district, shall consist of
16no less than 5 members and no more than 7 members and shall
17include no less than one licensed design professional.
18    (b) Each member of the selection committee must certify for
19each request for proposals that no conflict of interest exists
20between the member and the design-build entities submitting
21proposals. If a conflict is discovered before proposals are
22reviewed, the member must be replaced before any review of
23proposals. If a conflict is discovered after proposals are
24reviewed, the member with the conflict shall be removed and, if
25no less than 5 members remain, the remaining committee members

 

 

10000HB5593ham002- 9 -LRB100 19685 AXK 39227 a

1may complete the selection process.
 
2    Section 40. Procedures for selection.
3    (a) A school district electing to use the design-build
4delivery method must use a 2-phase procedure for the selection
5of the successful design-build entity. Phase I of the procedure
6shall evaluate and shortlist the design-build entities based on
7qualifications and Phase II of the procedure shall evaluate the
8technical and cost proposals.
9    (b) A school district shall include in the request for
10proposal the evaluating factors to be used in Phase I. These
11factors are in addition to any prequalification requirements of
12design-build entities that the school district has set forth.
13Each request for proposals shall establish the relative
14importance assigned to each evaluation factor and subfactor,
15including any weighing of criteria to be employed by the school
16district. A school district must maintain a record of the
17evaluation scoring to be disclosed in event of a protest
18regarding the solicitation.
19    (c) A school district shall include the following criteria
20in every Phase I evaluation of design-build entities: (i)
21experience of personnel; (ii) successful experience with
22similar project types; (iii) financial capability; (iv)
23timeliness of past performance; (v) experience with
24similarly-sized projects; (vi) successful reference checks of
25the entity; (vii) commitment to assign personnel for the

 

 

10000HB5593ham002- 10 -LRB100 19685 AXK 39227 a

1duration of the project and qualifications of the entity's
2consultants; and (viii) ability or past performance in meeting
3or exhausting good faith efforts to meet the utilization goals
4for minority-owned and women-owned business enterprises
5established by the corporate authorities of the school district
6and in complying with Section 2-105 of the Illinois Human
7Rights Act. A school district may include any additional
8relevant criteria in Phase I that it deems necessary for a
9proper qualification review. The school district may not
10consider any design-build entity for evaluation or award if the
11entity has any pecuniary interest in the project or has other
12relationships or circumstances, including, but not limited to,
13a long-term leasehold, mutual performance, or development
14contracts with the school district that may give the
15design-build entity a financial or tangible advantage over
16other design-build entities in the preparation, evaluation, or
17performance of the design-build contract or that create the
18appearance of impropriety. No design-build proposal shall be
19considered that does not include a design-build entity's plan
20to comply with the utilization goals established by the
21corporate authorities of the school district for
22minority-owned and women-owned business enterprises and with
23Section 2-105 of the Illinois Human Rights Act.
24    (d) Upon completion of the qualifications evaluation, a
25school district shall create a shortlist of the most highly
26qualified design-build entities. A school district is not

 

 

10000HB5593ham002- 11 -LRB100 19685 AXK 39227 a

1required to shortlist the maximum number of entities as
2identified for Phase II evaluation, provided that no less than
32 and no more than 6 design-build entities are selected to
4submit Phase II proposals. A school district shall provide
5written notification to the entities selected for the
6shortlist. This notification shall commence the period for the
7preparation of the Phase II technical and cost evaluations. A
8school district must allow sufficient time for the shortlist
9entities to prepare their Phase II submittals considering the
10scope and detail requested by the school district.
11    (e) A school district shall include in the request for
12proposals the evaluating factors to be used in the technical
13and cost submission components of Phase II. Each request for
14proposals shall establish, for both the technical and cost
15submission components of Phase II, the relative importance
16assigned to each evaluation factor and subfactor, including any
17weighing of criteria to be employed by the school district. The
18school district must maintain a record of the evaluation
19scoring, to be disclosed in the event of a protest regarding
20the solicitation.
21    (f) A school district shall include the following criteria
22in every Phase II technical evaluation of design-build
23entities: (i) compliance with objectives of the project; (ii)
24compliance of proposed services to the request for proposals
25requirements; (iii) quality of products or materials proposed;
26(iv) quality of design parameters; (v) design concepts; (vi)

 

 

10000HB5593ham002- 12 -LRB100 19685 AXK 39227 a

1innovation in meeting the scope and performance criteria; and
2(vii) constructability of the proposed project. A school
3district may include any additional relevant technical
4evaluation factors it deems necessary for proper selection. A
5school district shall include the following criteria in every
6Phase II cost evaluation: (I) the total project cost; (II) the
7construction costs; and (III) the time of completion. A school
8district may include any additional relevant cost evaluation
9factors it deems necessary for proper selection. The total
10project cost criteria weighing factor shall not exceed 30%.
11    (g) A school district shall directly employ or retain a
12licensed design professional to evaluate the technical and cost
13submissions to determine if the technical submissions are in
14accordance with generally accepted industry standards. Upon
15completion of the technical submissions and cost submissions
16evaluation, a school district may award the design-build
17contract to the highest overall ranked entity.
 
18    Section 45. Small projects. In any case where the total
19overall cost of the project is estimated to be less than
20$10,000,000, a school district may combine the 2-phase
21procedure for selection under Section 40 of this Act into one
22combined step; provided that all the requirements of evaluation
23are performed in accordance with Section 40 of this Act.
 
24    Section 50. Submission of proposals.

 

 

10000HB5593ham002- 13 -LRB100 19685 AXK 39227 a

1    (a) Proposals under this Act must be properly identified
2and sealed. Proposals may not be reviewed until after the
3deadline for submission has passed as set forth in the request
4for proposals. All design-build entities submitting proposals
5shall be disclosed after the deadline for submission, and all
6design-build entities who are selected for Phase II evaluation
7shall be disclosed at the time of that determination.
8    (b) Proposals shall include a bid bond in the form and
9security as designated in the request for proposals. Proposals
10shall also contain a separate sealed envelope with the cost
11information within the overall proposal submission. Proposals
12shall include a list of all design professionals and other
13entities, in accordance with Section 30-30 of the Illinois
14Procurement Code, to which any work may be subcontracted during
15the performance of the contract.
16    (c) Proposals must meet all material requirements of the
17request for proposals, or they may be rejected as
18non-responsive. A school district shall have the right to
19reject any and all proposals. The drawings and specifications
20of the proposal shall remain the property of the design-build
21entity. A school district shall review the proposals for
22compliance with the performance criteria and evaluation
23factors. Proposals may be withdrawn prior to evaluation for any
24cause. After evaluation begins by a school district, clear and
25convincing evidence of error is required for withdrawal.
26    (d) After a proposal has been submitted in accordance with

 

 

10000HB5593ham002- 14 -LRB100 19685 AXK 39227 a

1this Act, a design-build entity may not replace, remove, or
2otherwise modify any firm identified as a member of the
3design-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
18savings shall accrue to the school district and not to the
19design-build entity. If a design-build entity is modified at
20any time during the term of a design-build contract, the
21design-build entity shall notify the State Board of Education
22and the school district in writing within 15 calendar days of
23making the change.
 
24    Section 55. Award. A school district may award the contract
25to the highest overall ranked entity. A school district shall

 

 

10000HB5593ham002- 15 -LRB100 19685 AXK 39227 a

1provide a written notification to the awarded entity and all
2unsuccessful entities of its decision. A school district may
3not request a best and final offer after the receipt of
4proposals. A school district may negotiate with the selected
5design-build entity after the award, but prior to contract
6execution, for the purpose of securing better terms than
7originally proposed; provided that the salient features of the
8request for proposal are not diminished.
 
9    Section 60. Reports. The design-build entity, regional
10superintendent of schools, and State Board of Education shall
11annually submit a detailed report to the General Assembly on
12the status of projects procured under this Act, including
13estimated and actual project costs, estimated and actual
14project delivery schedules, estimated cost differences
15resulting from the design-build delivery system over the
16traditional design-bid-build delivery system, and any other
17impacts resulting from the use of the design-build delivery
18system. The report shall also document the design-build
19entity's success in complying with the utilization goals
20established by the corporate authorities of the school district
21for minority-owned and women-owned business enterprises and
22Section 2-105 of the Illinois Human Rights Act. The report
23shall be filed with the Clerk of the House of Representatives
24and the Secretary of the Senate in electronic form only, in the
25manner that the Clerk and the Secretary shall direct.
 

 

 

10000HB5593ham002- 16 -LRB100 19685 AXK 39227 a

1    Section 65. Compliance. All projects procured under this
2Act using the design-build delivery method shall comply with
3Section 2-3.12 of the School Code and shall be subject to
4review 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
7severable under Section 1.31 of the Statute on Statutes.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".