Bill Text: IL SB2233 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Public Building Commission Act. Removes the June 1, 2013 date of repeal for provisions regarding design-build contracts in Cook County. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0299 [SB2233 Detail]

Download: Illinois-2013-SB2233-Enrolled.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Building Commission Act is amended by
changing Sections 2.5, 3, 20, 20.3, 20.4, 20.5, 20.10, 20.15,
20.20, and 20.25 as follows:
(50 ILCS 20/2.5)
(Section scheduled to be repealed on June 1, 2013)
Sec. 2.5. Legislative policy; conditions for use of
design-build. It is the intent of the General Assembly that a
commission be allowed to use the design-build delivery method
for public projects if it is shown to be in the commission's
best interest for that particular project.
It shall be the policy of the commission in the procurement
of design-build services to publicly announce all requirements
for design-build services and to procure these services on the
basis of demonstrated competence and qualifications and with
due regard for the principles of competitive selection.
The commission shall, prior to issuing requests for
proposals, promulgate and publish procedures for the
solicitation and award of contracts pursuant to this Act.
The commission shall, for each public project or projects
permitted under this Act, make a written determination,

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including a description as to the particular advantages of the
design-build procurement method, that it is in the best
interests of the commission to enter into a design-build
contract for the project or projects.
In making that determination, the following factors shall
be considered:
(1) The probability that the design-build procurement
method will be in the best interests of the commission by
providing a material savings of time or cost over the
design-bid-build or other delivery system.
(2) The type and size of the project and its
suitability to the design-build procurement method.
(3) The ability of the design-build entity to define
and provide comprehensive scope and performance criteria
for the project.
The commission shall require the design-build entity to
comply with the utilization goals established by the corporate
authorities of the commission for minority and women business
enterprises and to comply with Section 2-105 of the Illinois
Human Rights Act.
This Section is repealed on June 1, 2018; provided that any
design-build contracts entered into before such date or any
procurement of a project under this Act commenced before such
date, and the contracts resulting from those procurements,
shall remain effective 5 years after the effective date of this
amendatory Act of the 95th General Assembly.

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(Source: P.A. 95-595, eff. 6-1-08.)
(50 ILCS 20/3) (from Ch. 85, par. 1033)
Sec. 3. The following terms, wherever used, or referred to
in this Act, mean unless the context clearly requires a
different meaning:
(a) "Commission" means a Public Building Commission
created pursuant to this Act.
(b) "Commissioner" or "Commissioners" means a Commissioner
or Commissioners of a Public Building Commission.
(c) "County seat" means a city, village or town which is
the county seat of a county.
(d) "Municipality" means any city, village or incorporated
town of the State of Illinois.
(e) "Municipal corporation" includes a county, city,
village, town, (including a county seat), park district, school
district in a county of 3,000,000 or more population, board of
education of a school district in a county of 3,000,000 or more
population, sanitary district, airport authority contiguous
with the County Seat as of July 1, 1969 and any other municipal
body or governmental agency of the State, and until July 1,
2011, a school district that (i) was organized prior to 1860,
(ii) is located in part in a city originally incorporated prior
to 1840, and (iii) entered into a lease with a Commission prior
to 1993, and its board of education, but does not include a
school district in a county of less than 3,000,000 population,

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a board of education of a school district in a county of less
than 3,000,000 population, or a community college district in a
county of less than 3,000,000 population, except that until
July 1, 2011, a school district that (i) was organized prior to
1860, (ii) is located in part in a city originally incorporated
prior to 1840, and (iii) entered into a lease with a Commission
prior to 1993, and its board of education, are included.
(f) "Governing body" includes a city council, county board,
or any other body or board, by whatever name it may be known,
charged with the governing of a municipal corporation.
(g) "Presiding officer" includes the mayor or president of
a city, village or town, the presiding officer of a county
board, or the presiding officer of any other board or
commission, as the case may be.
(h) "Oath" means oath or affirmation.
(i) "Building" means an improvement to real estate to be
made available for use by a municipal corporation for the
furnishing of governmental services to its citizens, together
with any land or interest in land necessary or useful in
connection with the improvement.
(j) "Delivery system" means the design and construction
approach used to develop and construct a project.
(k) "Design-bid-build" means the traditional delivery
system used on public projects that incorporates the Local
Government Professional Services Selection Act (50 ILCS 510/)
and the principles of competitive selection.

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(l) "Design-build" means a delivery system that provides
responsibility within a single contract for the furnishing of
architecture, engineering, land surveying and related services
as required, and the labor, materials, equipment, and other
construction services for the project.
(m) "Design-build contract" means a contract for a public
project under this Act between the Commission and a
design-build entity to furnish architecture, engineering, land
surveying, and related services as required, and to furnish the
labor, materials, equipment, and other construction services
for the project. The design-build contract may be conditioned
upon subsequent refinements in scope and price and may allow
the Commission to make modifications in the project scope
without invalidating the design-build contract.
(n) "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 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.
(o) "Design professional" means any individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that offers services

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under the Illinois Architecture Practice Act of 1989 (225 ILCS
305/), the Professional Engineering Practice Act of 1989 (225
ILCS 325/), the Structural Engineering Licensing Act of 1989
(225 ILCS 340/), or the Illinois Professional Land Surveyor Act
of 1989 (225 ILCS 330/).
(p) "Evaluation criteria" means the requirements for the
separate phases of the selection process for design-build
proposals as defined in this Act and may include the
specialized experience, technical qualifications and
competence, capacity to perform, past performance, experience
with similar projects, assignment of personnel to the project,
and other appropriate factors. Price may not be used as a
factor in the evaluation of Phase I proposals.
(q) "Proposal" means the offer to enter into a design-build
contract as submitted by a design-build entity in accordance
with this Act.
(r) "Request for proposal" means the document used by the
Commission to solicit proposals for a design-build contract.
(s) "Scope and performance criteria" means the
requirements for the public project, including but not limited
to, the intended usage, capacity, size, scope, quality and
performance standards, life-cycle costs, and other
programmatic criteria that are expressed in
performance-oriented and quantifiable specifications and
drawings that can be reasonably inferred and are suited to
allow a design-build entity to develop a proposal.

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(t) "Guaranteed maximum price" means a form of contract in
which compensation may vary according to the scope of work
involved but in any case may not exceed an agreed total amount.
Definitions in this Section with respect to design-build
shall have no effect beginning on June 1, 2018; provided that
any design-build contracts entered into before such date or any
procurement of a project under this Act commenced before such
date, and the contracts resulting from those procurements,
shall remain effective 5 years after the effective date of this
amendatory Act of the 95th General Assembly.
(Source: P.A. 94-1071, eff. 1-1-07; 95-595, eff. 6-1-08.)
(50 ILCS 20/20) (from Ch. 85, par. 1050)
Sec. 20. Contracts let to lowest responsible bidder;
competitive bidding; advertisement for bids; design-build
contracts.
(a) All contracts to be let for the construction,
alteration, improvement, repair, enlargement, demolition or
removal of any buildings or other facilities, or for materials
or supplies to be furnished, where the amount thereof is in
excess of $20,000, shall be awarded as a design-build contract
in accordance with Sections 20.3 through 20.20 or shall be let
to the lowest responsible bidder, or bidders, on open
competitive bidding.
(b) A contract awarded on the basis of competitive bidding
shall be awarded after public advertisement published at least

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once in each week for three consecutive weeks prior to the
opening of bids, in a daily newspaper of general circulation in
the county where the commission is located, except in the case
of an emergency situation, as determined by the chief executive
officer. If a contract is awarded in an emergency situation,
(i) the contract accepted must be based on the lowest
responsible proposal after the commission has made a diligent
effort to solicit multiple proposals by telephone, facsimile,
or other efficient means and (ii) the chief executive officer
must submit a report at the next regular meeting of the Board,
to be ratified by the Board and entered into the official
record, that states the chief executive officer's reason for
declaring an emergency situation, the names of all parties
solicited for proposals, and their proposals and that includes
a copy of the contract awarded. Nothing contained in this
Section shall be construed to prohibit the Board of
Commissioners from placing additional advertisements in
recognized trade journals. Advertisements for bids shall
describe the character of the proposed contract in sufficient
detail to enable the bidders thereon to know what their
obligation will be, either in the advertisement itself, or by
reference to detailed plans and specifications on file in the
office of the Public Building Commission at the time of the
publication of the first announcement. Such advertisement
shall also state the date, time, and place assigned for the
opening of bids. No bids shall be received at any time

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subsequent to the time indicated in said advertisement.
(c) In addition to the requirements of Section 20.3, the
Commission shall advertise a design-build solicitation at
least once in a daily newspaper of general circulation in the
county where the Commission is located. The date that Phase I
submissions by design-build entities are due must be at least
14 calendar days after the date the newspaper advertisement for
design-build proposals is first published. The advertisement
shall identify the design-build project, the due date, the
place and time for Phase I submissions, and the place where
proposers can obtain a complete copy of the request for
design-build proposals, including the criteria for evaluation
and the scope and performance criteria. The Commission is not
precluded from using other media or from placing advertisements
in addition to the one required under this subsection.
(d) The Board of Commissioners may reject any and all bids
and proposals received and may readvertise for bids or issue a
new request for design-build proposals.
(e) All bids shall be open to public inspection in the
office of the Public Building Commission after an award or
final selection has been made. The successful bidder for such
work shall enter into contracts furnished and prescribed by the
Board of Commissioners and in addition to any other bonds
required under this Act the successful bidder shall execute and
give bond, payable to and to be approved by the Commission,
with a corporate surety authorized to do business under the

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laws of the State of Illinois, in an amount to be determined by
the Board of Commissioners, conditioned upon the payment of all
labor furnished and materials supplied in the prosecution of
the contracted work. If the bidder whose bid has been accepted
shall neglect or refuse to accept the contract within five (5)
days after written notice that the same has been awarded to
him, or if he accepts but does not execute the contract and
give the proper security, the Commission may accept the next
lowest bidder, or readvertise and relet in manner above
provided.
(f) In case any work shall be abandoned by any contractor
or design-build entity, the Commission may, if the best
interests of the Commission be thereby served, adopt on behalf
of the Commission all subcontracts made by such contractor or
design-build entity for such work and all such sub-contractors
shall be bound by such adoption if made; and the Commission
shall, in the manner provided in this Act, readvertise and
relet, or request proposals and award design-build contracts
for, the work specified in the original contract exclusive of
so much thereof as shall be accepted. Every contract when made
and entered into, as provided in this Section or Section 20.20,
shall be executed, held by the Commission, and filed in its
records, and one copy of which shall be given to the contractor
or design-build entity.
(g) The provisions of this Section with respect to
design-build shall have no effect beginning on June 1, 2018;

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provided that any design-build contracts entered into before
such date or any procurement of a project under this Act
commenced before such date, and the contracts resulting from
those procurements, shall remain effective 5 years after June
1, 2008 (the effective date of Public Act 95-595).
(Source: P.A. 95-595, eff. 6-1-08; 95-614, eff. 9-11-07;
95-876, eff. 8-21-08.)
(50 ILCS 20/20.3)
(Section scheduled to be repealed on June 1, 2013)
Sec. 20.3. Solicitation of design-build proposals.
(a) When the Commission elects to use the design-build
delivery method, it must issue a notice of intent to receive
proposals for the project at least 14 days before issuing the
request for the proposal. The Commission must publish the
advance notice in a daily newspaper of general circulation in
the county where the Commission is located. The Commission is
encouraged to use publication of the notice in related
construction industry service publications. A brief
description of the proposed procurement must be included in the
notice. The Commission must provide a copy of the request for
proposal to any party requesting a copy.
(b) The request for proposal shall be prepared for each
project and must contain, without limitation, the following
information:
(1) The name of the Commission.

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(2) A preliminary schedule for the completion of the
contract.
(3) The proposed budget for the project, the source of
funds, and the currently available funds at the time the
request for proposal is submitted.
(4) Prequalification criteria for design-build
entities wishing to submit proposals. The Commission shall
include, at a minimum, its normal prequalification,
licensing, registration, and other requirements, but
nothing contained herein precludes the use of additional
prequalification criteria by the Commission.
(5) Material requirements of the contract, including
but not limited to, the proposed terms and conditions,
required performance and payment bonds, insurance, and the
entity's plan to comply with the utilization goals
established by the corporate authorities of the Commission
for minority and women business enterprises and to comply
with Section 2-105 of the Illinois Human Rights Act.
(6) The performance criteria.
(7) The evaluation criteria for each phase of the
solicitation.
(8) The number of entities that will be considered for
the technical and cost evaluation phase.
(c) The Commission may include any other relevant
information that it chooses to supply. The design-build entity
shall be entitled to rely upon the accuracy of this

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documentation in the development of its proposal.
(d) The date that proposals are due must be at least 21
calendar days after the date of the issuance of the request for
proposal. In the event the cost of the project is estimated to
exceed $12,000,000, then the proposal due date must be at least
28 calendar days after the date of the issuance of the request
for proposal. The Commission shall include in the request for
proposal a minimum of 30 days to develop the Phase II
submissions after the selection of entities from the Phase I
evaluation is completed.
(e) This Section is repealed on June 1, 2018; provided that
any design-build contracts entered into before such date or any
procurement of a project under this Act commenced before such
date, and the contracts resulting from those procurements,
shall remain effective 5 years after the effective date of this
amendatory Act of the 95th General Assembly.
(Source: P.A. 95-595, eff. 6-1-08.)
(50 ILCS 20/20.4)
(Section scheduled to be repealed on June 1, 2013)
Sec. 20.4. Development of design-build scope and
performance criteria.
(a) The Commission shall develop, with the assistance of a
licensed design professional, a request for proposal, which
shall include scope and performance criteria. The scope and
performance criteria must be in sufficient detail and contain

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adequate information to reasonably apprise the qualified
design-build entities of the Commission's overall programmatic
needs and goals, including criteria and preliminary design
plans, general budget parameters, schedule, and delivery
requirements.
(b) Each request for proposal shall also include a
description of the level of design to be provided in the
proposals. This description must include the scope and type of
renderings, drawings, and specifications that, at a minimum,
will be required by the Commission to be produced by the
design-build entities.
(c) The scope and performance criteria shall be prepared by
a design professional who is an employee of the Commission, or
the Commission may contract with an independent design
professional selected under the Local Government Professional
Services Selection Act (50 ILCS 510/) to provide these
services.
(d) The design professional that prepares the scope and
performance criteria is prohibited from participating in any
design-build entity proposal for the project.
(e) This Section is repealed on June 1, 2018; provided that
any design-build contracts entered into before such date or any
procurement of a project under this Act commenced before such
date, and the contracts resulting from those procurements,
shall remain effective 5 years after the effective date of this
amendatory Act of the 95th General Assembly.

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(Source: P.A. 95-595, eff. 6-1-08.)
(50 ILCS 20/20.5)
(Section scheduled to be repealed on June 1, 2013)
Sec. 20.5. Procedures for design-build selection.
(a) The Commission must use a two-phase procedure for the
selection of the successful design-build entity. Phase I of the
procedure will evaluate and shortlist the design-build
entities based on qualifications, and Phase II will evaluate
the technical and cost proposals.
(b) The Commission shall include in the request for
proposal the evaluating factors to be used in Phase I. These
factors are in addition to any prequalification requirements of
design-build entities that the Commission has set forth. Each
request for proposal shall establish the relative importance
assigned to each evaluation factor and subfactor, including any
weighting of criteria to be employed by the Commission. The
Commission must maintain a record of the evaluation scoring to
be disclosed in event of a protest regarding the solicitation.
The Commission shall include the following criteria in
every Phase I evaluation of design-build entities: (1)
experience of personnel; (2) successful experience with
similar project types; (3) financial capability; (4)
timeliness of past performance; (5) experience with similarly
sized projects; (6) successful reference checks of the firm;
(7) commitment to assign personnel for the duration of the

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project and qualifications of the entity's consultants; and (8)
ability or past performance in meeting or exhausting good faith
efforts to meet the utilization goals for minority and women
business enterprises established by the corporate authorities
of the Commission and in complying with Section 2-105 of the
Illinois Human Rights Act. The Commission may include any
additional relevant criteria in Phase I that it deems necessary
for a proper qualification review. The Commission may include
any additional relevant criteria in Phase I that it deems
necessary for a proper qualification review.
The Commission may not consider any design-build entity for
evaluation or award if the entity has any pecuniary interest in
the project or has other relationships or circumstances,
including but not limited to, long-term leasehold, mutual
performance, or development contracts with the Commission,
that may give the design-build entity a financial or tangible
advantage over other design-build entities in the preparation,
evaluation, or performance of the design-build contract or that
create the appearance of impropriety. No design-build proposal
shall be considered that does not include an entity's plan to
comply with the requirements established in the minority and
women business enterprises and economically disadvantaged
firms established by the corporate authorities of the
Commission and with Section 2-105 of the Illinois Human Rights
Act.
Upon completion of the qualifications evaluation, the

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Commission shall create a shortlist of the most highly
qualified design-build entities. The Commission, in its
discretion, is not required to shortlist the maximum number of
entities as identified for Phase II evaluation, provided
however, no less than 2 design-build entities nor more than 6
are selected to submit Phase II proposals.
The Commission shall notify the entities selected for the
shortlist in writing. This notification shall commence the
period for the preparation of the Phase II technical and cost
evaluations. The Commission must allow sufficient time for the
shortlist entities to prepare their Phase II submittals
considering the scope and detail requested by the Commission.
(c) The Commission shall include in the request for
proposal the evaluating factors to be used in the technical and
cost submission components of Phase II. Each request for
proposal shall establish, for both the technical and cost
submission components of Phase II, the relative importance
assigned to each evaluation factor and subfactor, including any
weighting of criteria to be employed by the Commission. The
Commission must maintain a record of the evaluation scoring to
be disclosed in event of a protest regarding the solicitation.
The Commission shall include the following criteria in
every Phase II technical evaluation of design-build entities:
(1) compliance with objectives of the project; (2) compliance
of proposed services to the request for proposal requirements;
(3) quality of products or materials proposed; (4) quality of

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design parameters; (5) design concepts; (6) innovation in
meeting the scope and performance criteria; and (7)
constructability of the proposed project. The Commission may
include any additional relevant technical evaluation factors
it deems necessary for proper selection.
The Commission shall include the following criteria in
every Phase II cost evaluation: the guaranteed maximum project
cost and the time of completion. The Commission may include any
additional relevant technical evaluation factors it deems
necessary for proper selection. The guaranteed maximum project
cost criteria weighing factor shall not exceed 30%.
The Commission shall directly employ or retain a licensed
design professional to evaluate the technical and cost
submissions to determine if the technical submissions are in
accordance with generally accepted industry standards.
Upon completion of the technical submissions and cost
submissions evaluation, the Commission may award the
design-build contract to the highest overall ranked entity.
(d) This Section is repealed on June 1, 2018; provided that
any design-build contracts entered into before such date or any
procurement of a project under this Act commenced before such
date, and the contracts resulting from those procurements,
shall remain effective 5 years after the effective date of this
amendatory Act of the 95th General Assembly.
(Source: P.A. 95-595, eff. 6-1-08.)

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(50 ILCS 20/20.10)
(Section scheduled to be repealed on June 1, 2013)
Sec. 20.10. Small design-build projects. In any case where
the total overall cost of the project is estimated to be less
than $12,000,000, the Commission may combine the two-phase
procedure for design-build selection described in Section 20.5
into one combined step, provided that all the requirements of
evaluation are performed in accordance with Section 20.5.
This Section is repealed on June 1, 2018; provided that any
design-build contracts entered into before such date or any
procurement of a project under this Act commenced before such
date, and the contracts resulting from those procurements,
shall remain effective 5 years after the effective date of this
amendatory Act of the 95th General Assembly.
(Source: P.A. 95-595, eff. 6-1-08.)
(50 ILCS 20/20.15)
(Section scheduled to be repealed on June 1, 2013)
Sec. 20.15. Submission of design-build proposals.
Design-build proposals must be properly identified and sealed.
Proposals may not be reviewed until after the deadline for
submission has passed as set forth in the request for
proposals. All design-build entities submitting proposals
shall be disclosed after the deadline for submission, and all
design-build entities who are selected for Phase II evaluation
shall also be disclosed at the time of that determination.

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Phase II design-build proposals shall include a bid bond in
the form and security as designated in the request for
proposals. Proposals shall also contain a separate sealed
envelope with the cost information within the overall proposal
submission. Proposals shall include a list of all design
professionals and other entities to which any work identified
in Section 30-30 of the Illinois Procurement Code as a
subdivision of construction work may be subcontracted during
the performance of the contract.
Proposals must meet all material requirements of the
request for proposal or they may be rejected as non-responsive.
The Commission shall have the right to reject any and all
proposals.
The drawings and specifications of any unsuccessful
design-build proposal shall remain the property of the
design-build entity.
The Commission shall review the proposals for compliance
with the performance criteria and evaluation factors.
Proposals may be withdrawn prior to the due date and time
for submissions for any cause. After evaluation begins by the
Commission, clear and convincing evidence of error is required
for withdrawal.
This Section is repealed on June 1, 2018; provided that any
design-build contracts entered into before such date or any
procurement of a project under this Act commenced before such
date, and the contracts resulting from those procurements,

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shall remain effective 5 years after the effective date of this
amendatory Act of the 95th General Assembly.
(Source: P.A. 95-595, eff. 6-1-08.)
(50 ILCS 20/20.20)
(Section scheduled to be repealed on June 1, 2013)
Sec. 20.20. Design-build award. The Commission may award a
design-build contract to the highest overall ranked entity.
Notice of award shall be made in writing. Unsuccessful entities
shall also be notified in writing. The Commission may not
request a best and final offer after the receipt of proposals.
The Commission may negotiate with the selected design-build
entity after award but prior to contract execution for the
purpose of securing better terms than originally proposed,
provided that the salient features of the request for proposal
are not diminished.
This Section is repealed on June 1, 2018; provided that any
design-build contracts entered into before such date or any
procurement of a project under this Act commenced before such
date, and the contracts resulting from those procurements,
shall remain effective 5 years after the effective date of this
amendatory Act of the 95th General Assembly.
(Source: P.A. 95-595, eff. 6-1-08.)
(50 ILCS 20/20.25)
(Section scheduled to be repealed on June 1, 2013)

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Sec. 20.25. Minority and female owned enterprises; total
construction budget.
(a) Each year, within 60 days following the end of a
commission's fiscal year, the commission shall provide a report
to the General Assembly addressing the utilization of minority
and female owned business enterprises on design-build
projects.
(b) The payments for design-build projects by any
commission in one fiscal year shall not exceed 50% 25% of the
moneys spent on construction projects during the same fiscal
year.
(c) This Section is repealed on June 1, 2018; provided that
any design-build contracts entered into before such date or any
procurement of a project under this Act commenced before such
date, and the contracts resulting from those procurements,
shall remain effective 5 years after the effective date of this
amendatory Act of the 95th General Assembly.
(Source: P.A. 95-595, eff. 6-1-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.