HB5593ham001 100TH GENERAL ASSEMBLY

Rep. Thaddeus Jones

Filed: 4/23/2018

10000HB5593ham001 LRB100 19685 AXK 39150 a

AMENDMENT TO HOUSE BILL 5593

AMENDMENT NO. ______. Amend House Bill 5593 as follows:

on page 1, by replacing lines 7 and 8 with the following:

"General Assembly to authorize up to 5 design-build demonstration projects statewide where it is shown"; and

on page 1, line 9, by replacing "the" with "a"; and

on page 2, immediately below line 9, by inserting the following:

"Design-build entity" means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that proposes to design and construct any public project under this Act. A design-build entity and any associated design-build professionals shall conduct themselves in accordance with the laws of this State and the related provisions of the Illinois Administrative Code, as referenced by the licensed design professionals Acts of this State."; and

on page 2, line 24, by replacing "entity." with "entity in accordance with this Act."; and

on page 3, line 22, by deleting "public"; and

on page 3, by replacing lines 23 and 24 with the following:

"permitted under this Act, make a written determination, including a description as to the particular advantages of the design-build procurement method, that it is in the best interests of the school district to"; and

on page 6, line 11, after "shall", by inserting "be developed with the assistance of a licensed design professional and shall"; and

on page 10, line 9, after "criteria;" by inserting "and"; and

on page 10, by replacing lines 10 and 11 with the following:

"constructability of the proposed project. A school district may include any additional relevant technical evaluation factors it deems necessary for proper selection. A school district shall include the following criteria in every Phase II cost evaluation: (I) the total project cost; (II) the construction costs; and (III) the time of"; and

on page 10, line 13, by replacing "technical" with "cost"; and

on page 12, immediately below line 4, by inserting the following:

"(d) After a proposal has been submitted in accordance with this Act, a design-build entity may not replace, remove, or otherwise modify any design professional firm identified as a member of the design-build team unless one of the following criteria is met:

(1) The firm is no longer in business.

(2) The firm is unable to fulfill its legal, financial, or business obligations.

(3) The firm no longer meets the terms of the agreement with the design-build entity.

(4) The firm voluntarily removes itself from the design-build entity.

(5) The firm fails to provide a sufficient number of qualified personnel to fulfill the duties identified in the proposal.

(6) The firm fails to negotiate in good faith and in a timely manner in accordance with the provisions established in the agreement with the design-build entity.

(7) The school district requests the firm be replaced.

If the design-build entity replaces, removes, or otherwise modifies any design professional firm, any cost savings shall accrue to the school district and not to the design-build entity."; and

on page 12, immediately below line 14, by inserting the following:

"Section 60. Reports and evaluation. The design-build entity, regional superintendent of schools, and State Board of Education shall annually submit a detailed report to the General Assembly on the status of projects procured under this Act, including estimated and actual project costs, estimated and actual project delivery schedules, estimated cost differences resulting from the design-build delivery system over the traditional design-bid-build delivery system, and any other impacts resulting from the use of the design-build delivery system. The report shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.

Section 65. Compliance. All projects procured under this Act using the design-build delivery method shall comply with Section 2-3.12 of the School Code and may be subject to review and approval by the State Board of Education. A school district that elects to enter into a design-build contract under this Act must comply with all local rules governing disadvantaged business enterprises, minority-owned businesses, and women-owned businesses.".