SB3561 EnrolledLRB100 17985 AWJ 33170 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Building Commission Act is amended by
5changing Sections 2.5, 3, 20, 20.3, 20.4, 20.5, 20.10, 20.15,
620.20, 20.25, and 23.5 as follows:
 
7    (50 ILCS 20/2.5)
8    (Section scheduled to be repealed on June 1, 2018)
9    Sec. 2.5. Legislative policy; conditions for use of
10design-build. It is the intent of the General Assembly that a
11commission be allowed to use the design-build delivery method
12for public projects if it is shown to be in the commission's
13best interest for that particular project.
14    It shall be the policy of the commission in the procurement
15of design-build services to publicly announce all requirements
16for design-build services and to procure these services on the
17basis of demonstrated competence and qualifications and with
18due regard for the principles of competitive selection.
19    The commission shall, prior to issuing requests for
20proposals, promulgate and publish procedures for the
21solicitation and award of contracts pursuant to this Act.
22    The commission shall, for each public project or projects
23permitted under this Act, make a written determination,

 

 

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1including a description as to the particular advantages of the
2design-build procurement method, that it is in the best
3interests of the commission to enter into a design-build
4contract for the project or projects.
5    In making that determination, the following factors shall
6be considered:
7        (1) The probability that the design-build procurement
8    method will be in the best interests of the commission by
9    providing a material savings of time or cost over the
10    design-bid-build or other delivery system.
11        (2) The type and size of the project and its
12    suitability to the design-build procurement method.
13        (3) The ability of the design-build entity to define
14    and provide comprehensive scope and performance criteria
15    for the project.
16    The commission shall require the design-build entity to
17comply with the utilization goals established by the corporate
18authorities of the commission for minority and women business
19enterprises and to comply with Section 2-105 of the Illinois
20Human Rights Act.
21    This Section is repealed on June 1, 2023 2018; provided
22that any design-build contracts entered into before such date
23or any procurement of a project under this Act commenced before
24such date, and the contracts resulting from those procurements,
25shall remain effective.
26(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,

 

 

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1eff. 1-7-14.)
 
2    (50 ILCS 20/3)  (from Ch. 85, par. 1033)
3    Sec. 3. The following terms, wherever used, or referred to
4in this Act, mean unless the context clearly requires a
5different meaning:
6        (a) "Commission" means a Public Building Commission
7    created pursuant to this Act.
8        (b) "Commissioner" or "Commissioners" means a
9    Commissioner or Commissioners of a Public Building
10    Commission.
11        (c) "County seat" means a city, village or town which
12    is the county seat of a county.
13        (d) "Municipality" means any city, village or
14    incorporated town of the State of Illinois.
15        (e) "Municipal corporation" includes a county, city,
16    village, town, (including a county seat), park district,
17    school district in a county of 3,000,000 or more
18    population, board of education of a school district in a
19    county of 3,000,000 or more population, sanitary district,
20    airport authority contiguous with the County Seat as of
21    July 1, 1969 and any other municipal body or governmental
22    agency of the State, and until July 1, 2011, a school
23    district that (i) was organized prior to 1860, (ii) is
24    located in part in a city originally incorporated prior to
25    1840, and (iii) entered into a lease with a Commission

 

 

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1    prior to 1993, and its board of education, but does not
2    include a school district in a county of less than
3    3,000,000 population, a board of education of a school
4    district in a county of less than 3,000,000 population, or
5    a community college district in a county of less than
6    3,000,000 population, except that until July 1, 2011, a
7    school district that (i) was organized prior to 1860, (ii)
8    is located in part in a city originally incorporated prior
9    to 1840, and (iii) entered into a lease with a Commission
10    prior to 1993, and its board of education, are included.
11        (f) "Governing body" includes a city council, county
12    board, or any other body or board, by whatever name it may
13    be known, charged with the governing of a municipal
14    corporation.
15        (g) "Presiding officer" includes the mayor or
16    president of a city, village or town, the presiding officer
17    of a county board, or the presiding officer of any other
18    board or commission, as the case may be.
19        (h) "Oath" means oath or affirmation.
20        (i) "Building" means an improvement to real estate to
21    be made available for use by a municipal corporation for
22    the furnishing of governmental services to its citizens,
23    together with any land or interest in land necessary or
24    useful in connection with the improvement.
25        (j) "Delivery system" means the design and
26    construction approach used to develop and construct a

 

 

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1    project.
2        (k) "Design-bid-build" means the traditional delivery
3    system used on public projects that incorporates the Local
4    Government Professional Services Selection Act (50 ILCS
5    510/) and the principles of competitive selection.
6        (l) "Design-build" means a delivery system that
7    provides responsibility within a single contract for the
8    furnishing of architecture, engineering, land surveying
9    and related services as required, and the labor, materials,
10    equipment, and other construction services for the
11    project.
12        (m) "Design-build contract" means a contract for a
13    public project under this Act between the Commission and a
14    design-build entity to furnish architecture, engineering,
15    land surveying, and related services as required, and to
16    furnish the labor, materials, equipment, and other
17    construction services for the project. The design-build
18    contract may be conditioned upon subsequent refinements in
19    scope and price and may allow the Commission to make
20    modifications in the project scope without invalidating
21    the design-build contract.
22        (n) "Design-build entity" means any individual, sole
23    proprietorship, firm, partnership, joint venture,
24    corporation, professional corporation, or other entity
25    that proposes to design and construct any public project
26    under this Act. A design-build entity and associated

 

 

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1    design-build professionals shall conduct themselves in
2    accordance with the laws of this State and the related
3    provisions of the Illinois Administrative Code, as
4    referenced by the licensed design professionals Acts of
5    this State.
6        (o) "Design professional" means any individual, sole
7    proprietorship, firm, partnership, joint venture,
8    corporation, professional corporation, or other entity
9    that offers services under the Illinois Architecture
10    Practice Act of 1989 (225 ILCS 305/), the Professional
11    Engineering Practice Act of 1989 (225 ILCS 325/), the
12    Structural Engineering Licensing Act of 1989 (225 ILCS
13    340/), or the Illinois Professional Land Surveyor Act of
14    1989 (225 ILCS 330/).
15        (p) "Evaluation criteria" means the requirements for
16    the separate phases of the selection process for
17    design-build proposals as defined in this Act and may
18    include the specialized experience, technical
19    qualifications and competence, capacity to perform, past
20    performance, experience with similar projects, assignment
21    of personnel to the project, and other appropriate factors.
22    Price may not be used as a factor in the evaluation of
23    Phase I proposals.
24        (q) "Proposal" means the offer to enter into a
25    design-build contract as submitted by a design-build
26    entity in accordance with this Act.

 

 

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1        (r) "Request for proposal" means the document used by
2    the Commission to solicit proposals for a design-build
3    contract.
4        (s) "Scope and performance criteria" means the
5    requirements for the public project, including but not
6    limited to, the intended usage, capacity, size, scope,
7    quality and performance standards, life-cycle costs, and
8    other programmatic criteria that are expressed in
9    performance-oriented and quantifiable specifications and
10    drawings that can be reasonably inferred and are suited to
11    allow a design-build entity to develop a proposal.
12        (t) "Guaranteed maximum price" means a form of contract
13    in which compensation may vary according to the scope of
14    work involved but in any case may not exceed an agreed
15    total amount.
16    Definitions in this Section with respect to design-build
17shall have no effect beginning on June 1, 2023 2018; provided
18that any design-build contracts entered into before such date
19or any procurement of a project under this Act commenced before
20such date, and the contracts resulting from those procurements,
21shall remain effective. The actions of any person or entity
22taken on or after June 1, 2013 and before the effective date of
23this amendatory Act of the 98th General Assembly in reliance on
24the provisions of this Section with respect to design-build
25continuing to be effective are hereby validated.
26(Source: P.A. 98-299, eff. 8-9-13; 98-619, eff. 1-7-14.)
 

 

 

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1    (50 ILCS 20/20)  (from Ch. 85, par. 1050)
2    Sec. 20. Contracts let to lowest responsible bidder;
3competitive bidding; advertisement for bids; design-build
4contracts.
5    (a) All contracts to be let for the construction,
6alteration, improvement, repair, enlargement, demolition or
7removal of any buildings or other facilities, or for materials
8or supplies to be furnished, where the amount thereof is in
9excess of $20,000, shall be awarded as a design-build contract
10in accordance with Sections 20.3 through 20.20 or shall be let
11to the lowest responsible bidder, or bidders, on open
12competitive bidding.
13    (b) A contract awarded on the basis of competitive bidding
14shall be awarded after public advertisement published at least
15once in each week for three consecutive weeks prior to the
16opening of bids, in a daily newspaper of general circulation in
17the county where the commission is located, except in the case
18of an emergency situation, as determined by the chief executive
19officer. If a contract is awarded in an emergency situation,
20(i) the contract accepted must be based on the lowest
21responsible proposal after the commission has made a diligent
22effort to solicit multiple proposals by telephone, facsimile,
23or other efficient means and (ii) the chief executive officer
24must submit a report at the next regular meeting of the Board,
25to be ratified by the Board and entered into the official

 

 

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1record, that states the chief executive officer's reason for
2declaring an emergency situation, the names of all parties
3solicited for proposals, and their proposals and that includes
4a copy of the contract awarded. Nothing contained in this
5Section shall be construed to prohibit the Board of
6Commissioners from placing additional advertisements in
7recognized trade journals. Advertisements for bids shall
8describe the character of the proposed contract in sufficient
9detail to enable the bidders thereon to know what their
10obligation will be, either in the advertisement itself, or by
11reference to detailed plans and specifications on file in the
12office of the Public Building Commission at the time of the
13publication of the first announcement. Such advertisement
14shall also state the date, time, and place assigned for the
15opening of bids. No bids shall be received at any time
16subsequent to the time indicated in said advertisement.
17    (c) In addition to the requirements of Section 20.3, the
18Commission shall advertise a design-build solicitation at
19least once in a daily newspaper of general circulation in the
20county where the Commission is located. The date that Phase I
21submissions by design-build entities are due must be at least
2214 calendar days after the date the newspaper advertisement for
23design-build proposals is first published. The advertisement
24shall identify the design-build project, the due date, the
25place and time for Phase I submissions, and the place where
26proposers can obtain a complete copy of the request for

 

 

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1design-build proposals, including the criteria for evaluation
2and the scope and performance criteria. The Commission is not
3precluded from using other media or from placing advertisements
4in addition to the one required under this subsection.
5    (d) The Board of Commissioners may reject any and all bids
6and proposals received and may readvertise for bids or issue a
7new request for design-build proposals.
8    (e) All bids shall be open to public inspection in the
9office of the Public Building Commission after an award or
10final selection has been made. The successful bidder for such
11work shall enter into contracts furnished and prescribed by the
12Board of Commissioners and in addition to any other bonds
13required under this Act the successful bidder shall execute and
14give bond, payable to and to be approved by the Commission,
15with a corporate surety authorized to do business under the
16laws of the State of Illinois, in an amount to be determined by
17the Board of Commissioners, conditioned upon the payment of all
18labor furnished and materials supplied in the prosecution of
19the contracted work. If the bidder whose bid has been accepted
20shall neglect or refuse to accept the contract within five (5)
21days after written notice that the same has been awarded to
22him, or if he accepts but does not execute the contract and
23give the proper security, the Commission may accept the next
24lowest bidder, or readvertise and relet in manner above
25provided.
26    (f) In case any work shall be abandoned by any contractor

 

 

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1or design-build entity, the Commission may, if the best
2interests of the Commission be thereby served, adopt on behalf
3of the Commission all subcontracts made by such contractor or
4design-build entity for such work and all such sub-contractors
5shall be bound by such adoption if made; and the Commission
6shall, in the manner provided in this Act, readvertise and
7relet, or request proposals and award design-build contracts
8for, the work specified in the original contract exclusive of
9so much thereof as shall be accepted. Every contract when made
10and entered into, as provided in this Section or Section 20.20,
11shall be executed, held by the Commission, and filed in its
12records, and one copy of which shall be given to the contractor
13or design-build entity.
14    (g) The provisions of this Section with respect to
15design-build shall have no effect beginning on June 1, 2023
162018; provided that any design-build contracts entered into
17before such date or any procurement of a project under this Act
18commenced before such date, and the contracts resulting from
19those procurements, shall remain effective. The actions of any
20person or entity taken on or after June 1, 2013 and before the
21effective date of this amendatory Act of the 98th General
22Assembly in reliance on the provisions of this Section with
23respect to design-build continuing to be effective are hereby
24validated.
25(Source: P.A. 98-299, eff. 8-9-13; 98-619, eff. 1-7-14.)
 

 

 

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1    (50 ILCS 20/20.3)
2    (Section scheduled to be repealed on June 1, 2018)
3    Sec. 20.3. Solicitation of design-build proposals.
4    (a) When the Commission elects to use the design-build
5delivery method, it must issue a notice of intent to receive
6proposals for the project at least 14 days before issuing the
7request for the proposal. The Commission must publish the
8advance notice in a daily newspaper of general circulation in
9the county where the Commission is located. The Commission is
10encouraged to use publication of the notice in related
11construction industry service publications. A brief
12description of the proposed procurement must be included in the
13notice. The Commission must provide a copy of the request for
14proposal to any party requesting a copy.
15    (b) The request for proposal shall be prepared for each
16project and must contain, without limitation, the following
17information:
18        (1) The name of the Commission.
19        (2) A preliminary schedule for the completion of the
20    contract.
21        (3) The proposed budget for the project, the source of
22    funds, and the currently available funds at the time the
23    request for proposal is submitted.
24        (4) Prequalification criteria for design-build
25    entities wishing to submit proposals. The Commission shall
26    include, at a minimum, its normal prequalification,

 

 

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1    licensing, registration, and other requirements, but
2    nothing contained herein precludes the use of additional
3    prequalification criteria by the Commission.
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    entity's plan to comply with the utilization goals
8    established by the corporate authorities of the Commission
9    for minority and women business enterprises and to comply
10    with Section 2-105 of the Illinois Human Rights Act.
11        (6) The performance criteria.
12        (7) The evaluation criteria for each phase of the
13    solicitation.
14        (8) The number of entities that will be considered for
15    the technical and cost evaluation phase.
16    (c) The Commission may include any other relevant
17information that it chooses to supply. The design-build entity
18shall be entitled to rely upon the accuracy of this
19documentation in the development of its proposal.
20    (d) The date that proposals are due must be at least 21
21calendar days after the date of the issuance of the request for
22proposal. In the event the cost of the project is estimated to
23exceed $12,000,000, then the proposal due date must be at least
2428 calendar days after the date of the issuance of the request
25for proposal. The Commission shall include in the request for
26proposal a minimum of 30 days to develop the Phase II

 

 

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1submissions after the selection of entities from the Phase I
2evaluation is completed.
3    (e) This Section is repealed on June 1, 2023 2018; provided
4that any design-build contracts entered into before such date
5or any procurement of a project under this Act commenced before
6such date, and the contracts resulting from those procurements,
7shall remain effective.
8(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
9eff. 1-7-14.)
 
10    (50 ILCS 20/20.4)
11    (Section scheduled to be repealed on June 1, 2018)
12    Sec. 20.4. Development of design-build scope and
13performance criteria.
14    (a) The Commission shall develop, with the assistance of a
15licensed design professional, a request for proposal, which
16shall include scope and performance criteria. The scope and
17performance criteria must be in sufficient detail and contain
18adequate information to reasonably apprise the qualified
19design-build entities of the Commission's overall programmatic
20needs and goals, including criteria and preliminary design
21plans, general budget parameters, schedule, and delivery
22requirements.
23    (b) Each request for proposal shall also include a
24description of the level of design to be provided in the
25proposals. This description must include the scope and type of

 

 

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1renderings, drawings, and specifications that, at a minimum,
2will be required by the Commission to be produced by the
3design-build entities.
4    (c) The scope and performance criteria shall be prepared by
5a design professional who is an employee of the Commission, or
6the Commission may contract with an independent design
7professional selected under the Local Government Professional
8Services Selection Act (50 ILCS 510/) to provide these
9services.
10    (d) The design professional that prepares the scope and
11performance criteria is prohibited from participating in any
12design-build entity proposal for the project.
13    (e) This Section is repealed on June 1, 2023 2018; provided
14that any design-build contracts entered into before such date
15or any procurement of a project under this Act commenced before
16such date, and the contracts resulting from those procurements,
17shall remain effective.
18(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
19eff. 1-7-14.)
 
20    (50 ILCS 20/20.5)
21    (Section scheduled to be repealed on June 1, 2018)
22    Sec. 20.5. Procedures for design-build selection.
23    (a) The Commission must use a two-phase procedure for the
24selection of the successful design-build entity. Phase I of the
25procedure will evaluate and shortlist the design-build

 

 

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1entities based on qualifications, and Phase II will evaluate
2the technical and cost proposals.
3    (b) The Commission shall include in the request for
4proposal the evaluating factors to be used in Phase I. These
5factors are in addition to any prequalification requirements of
6design-build entities that the Commission has set forth. Each
7request for proposal shall establish the relative importance
8assigned to each evaluation factor and subfactor, including any
9weighting of criteria to be employed by the Commission. The
10Commission must maintain a record of the evaluation scoring to
11be disclosed in event of a protest regarding the solicitation.
12    The Commission shall include the following criteria in
13every Phase I evaluation of design-build entities: (1)
14experience of personnel; (2) successful experience with
15similar project types; (3) financial capability; (4)
16timeliness of past performance; (5) experience with similarly
17sized projects; (6) successful reference checks of the firm;
18(7) commitment to assign personnel for the duration of the
19project and qualifications of the entity's consultants; and (8)
20ability or past performance in meeting or exhausting good faith
21efforts to meet the utilization goals for minority and women
22business enterprises established by the corporate authorities
23of the Commission and in complying with Section 2-105 of the
24Illinois Human Rights Act. The Commission may include any
25additional relevant criteria in Phase I that it deems necessary
26for a proper qualification review.

 

 

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1    The Commission may not consider any design-build entity for
2evaluation or award if the entity has any pecuniary interest in
3the project or has other relationships or circumstances,
4including but not limited to, long-term leasehold, mutual
5performance, or development contracts with the Commission,
6that may give the design-build entity a financial or tangible
7advantage over other design-build entities in the preparation,
8evaluation, or performance of the design-build contract or that
9create the appearance of impropriety. No design-build proposal
10shall be considered that does not include an entity's plan to
11comply with the requirements established in the minority and
12women business enterprises and economically disadvantaged
13firms established by the corporate authorities of the
14Commission and with Section 2-105 of the Illinois Human Rights
15Act.
16    Upon completion of the qualifications evaluation, the
17Commission shall create a shortlist of the most highly
18qualified design-build entities. The Commission, in its
19discretion, is not required to shortlist the maximum number of
20entities as identified for Phase II evaluation, provided
21however, no less than 2 design-build entities nor more than 6
22are selected to submit Phase II proposals.
23    The Commission shall notify the entities selected for the
24shortlist in writing. This notification shall commence the
25period for the preparation of the Phase II technical and cost
26evaluations. The Commission must allow sufficient time for the

 

 

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1shortlist entities to prepare their Phase II submittals
2considering the scope and detail requested by the Commission.
3    (c) The Commission shall include in the request for
4proposal the evaluating factors to be used in the technical and
5cost submission components of Phase II. Each request for
6proposal shall establish, for both the technical and cost
7submission components of Phase II, the relative importance
8assigned to each evaluation factor and subfactor, including any
9weighting of criteria to be employed by the Commission. The
10Commission must maintain a record of the evaluation scoring to
11be disclosed in event of a protest regarding the solicitation.
12    The Commission shall include the following criteria in
13every Phase II technical evaluation of design-build entities:
14(1) compliance with objectives of the project; (2) compliance
15of proposed services to the request for proposal requirements;
16(3) quality of products or materials proposed; (4) quality of
17design parameters; (5) design concepts; (6) innovation in
18meeting the scope and performance criteria; and (7)
19constructability of the proposed project. The Commission may
20include any additional relevant technical evaluation factors
21it deems necessary for proper selection.
22    The Commission shall include the following criteria in
23every Phase II cost evaluation: the guaranteed maximum project
24cost and the time of completion. The Commission may include any
25additional relevant technical evaluation factors it deems
26necessary for proper selection. The guaranteed maximum project

 

 

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1cost criteria weighing factor shall not exceed 30%.
2    The Commission shall directly employ or retain a licensed
3design professional to evaluate the technical and cost
4submissions to determine if the technical submissions are in
5accordance with generally accepted industry standards.
6    Upon completion of the technical submissions and cost
7submissions evaluation, the Commission may award the
8design-build contract to the highest overall ranked entity.
9    (d) This Section is repealed on June 1, 2023 2018; provided
10that any design-build contracts entered into before such date
11or any procurement of a project under this Act commenced before
12such date, and the contracts resulting from those procurements,
13shall remain effective.
14(Source: P.A. 100-201, eff. 8-18-17.)
 
15    (50 ILCS 20/20.10)
16    (Section scheduled to be repealed on June 1, 2018)
17    Sec. 20.10. Small design-build projects. In any case where
18the total overall cost of the project is estimated to be less
19than $12,000,000, the Commission may combine the two-phase
20procedure for design-build selection described in Section 20.5
21into one combined step, provided that all the requirements of
22evaluation are performed in accordance with Section 20.5.
23    This Section is repealed on June 1, 2023 2018; provided
24that any design-build contracts entered into before such date
25or any procurement of a project under this Act commenced before

 

 

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1such date, and the contracts resulting from those procurements,
2shall remain effective.
3(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
4eff. 1-7-14.)
 
5    (50 ILCS 20/20.15)
6    (Section scheduled to be repealed on June 1, 2018)
7    Sec. 20.15. Submission of design-build proposals.
8Design-build proposals must be properly identified and sealed.
9Proposals may not be reviewed until after the deadline for
10submission has passed as set forth in the request for
11proposals. All design-build entities submitting proposals
12shall be disclosed after the deadline for submission, and all
13design-build entities who are selected for Phase II evaluation
14shall also be disclosed at the time of that determination.
15    Phase II design-build proposals shall include a bid bond in
16the form and security as designated in the request for
17proposals. Proposals shall also contain a separate sealed
18envelope with the cost information within the overall proposal
19submission. Proposals shall include a list of all design
20professionals and other entities to which any work identified
21in Section 30-30 of the Illinois Procurement Code as a
22subdivision of construction work may be subcontracted during
23the performance of the contract.
24    Proposals must meet all material requirements of the
25request for proposal or they may be rejected as non-responsive.

 

 

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1The Commission shall have the right to reject any and all
2proposals.
3    The drawings and specifications of any unsuccessful
4design-build proposal shall remain the property of the
5design-build entity.
6    The Commission shall review the proposals for compliance
7with the performance criteria and evaluation factors.
8    Proposals may be withdrawn prior to the due date and time
9for submissions for any cause. After evaluation begins by the
10Commission, clear and convincing evidence of error is required
11for withdrawal.
12    This Section is repealed on June 1, 2023 2018; provided
13that any design-build contracts entered into before such date
14or any procurement of a project under this Act commenced before
15such date, and the contracts resulting from those procurements,
16shall remain effective.
17(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
18eff. 1-7-14.)
 
19    (50 ILCS 20/20.20)
20    (Section scheduled to be repealed on June 1, 2018)
21    Sec. 20.20. Design-build award. The Commission may award a
22design-build contract to the highest overall ranked entity.
23Notice of award shall be made in writing. Unsuccessful entities
24shall also be notified in writing. The Commission may not
25request a best and final offer after the receipt of proposals.

 

 

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1The Commission may negotiate with the selected design-build
2entity after award but prior to contract execution for the
3purpose of securing better terms than originally proposed,
4provided that the salient features of the request for proposal
5are not diminished.
6    This Section is repealed on June 1, 2023 2018; provided
7that any design-build contracts entered into before such date
8or any procurement of a project under this Act commenced before
9such date, and the contracts resulting from those procurements,
10shall remain effective.
11(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
12eff. 1-7-14.)
 
13    (50 ILCS 20/20.25)
14    (Section scheduled to be repealed on June 1, 2018)
15    Sec. 20.25. Minority and female owned enterprises; total
16construction budget.
17    (a) Each year, within 60 days following the end of a
18commission's fiscal year, the commission shall provide a report
19to the General Assembly addressing the utilization of minority
20and female owned business enterprises on design-build
21projects.
22    (b) The payments for design-build projects by any
23commission in one fiscal year shall not exceed 50% of the
24moneys spent on construction projects during the same fiscal
25year.

 

 

SB3561 Enrolled- 23 -LRB100 17985 AWJ 33170 b

1    (c) This Section is repealed on June 1, 2023 2018; provided
2that any design-build contracts entered into before such date
3or any procurement of a project under this Act commenced before
4such date, and the contracts resulting from those procurements,
5shall remain effective.
6(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
7eff. 1-7-14.)
 
8    (50 ILCS 20/23.5)
9    Sec. 23.5. Continuation of Sections 2.5, 20.3, 20.4, 20.5,
1020.10, 20.15, 20.20, and 20.25 of this Act; validation.
11    (a) The General Assembly finds and declares that:
12        (1) When Public Act 95-595 (effective June 1, 2008)
13    amended the Public Building Commission Act, it provided
14    repeal dates for Sections 2.5, 20.3, 20.4, 20.5, 20.10,
15    20.15, 20.20, and 20.25 of this Act of 5 years after the
16    effective date of Public Act 95-595 (June 1, 2013).
17        (2) Senate Bill 2233 of the 98th General Assembly
18    contained provisions that would have changed the repeal
19    dates of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
20    20.20, and 20.25 of this Act from 5 years after the
21    effective date of Public Act 95-595 to June 1, 2018. Senate
22    Bill 2233 passed both houses on May 31, 2013. Senate Bill
23    2233 provided that it took effect upon becoming law. Senate
24    Bill 2233 was sent to the Governor on June 10, 2013. Senate
25    Bill 2233 was approved by the Governor on August 9, 2013.

 

 

SB3561 Enrolled- 24 -LRB100 17985 AWJ 33170 b

1    Senate Bill 2233 became Public Act 98-299.
2        (3) The Statute on Statutes sets forth general rules on
3    the repeal of statutes and the construction of multiple
4    amendments, but Section 1 of that Act also states that
5    these rules will not be observed when the result would be
6    "inconsistent with the manifest intent of the General
7    Assembly or repugnant to the context of the statute".
8        (4) The actions of the General Assembly clearly
9    manifest the intention of the General Assembly to extend
10    the repeal of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
11    20.20, and 20.25 of this Act and have those Sections
12    continue in effect until June 1, 2018.
13        (5) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
14    20.20, and 20.25 of this Act were originally enacted to
15    protect, promote, and preserve the general welfare. Any
16    construction of this Act that results in the repeal of
17    those Sections on June 1, 2013 would be inconsistent with
18    the manifest intent of the General Assembly and repugnant
19    to the context of this Act.
20    (b) It is hereby declared to have been the intent of the
21General Assembly, in enacting Public Act 98-299, that Sections
222.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this
23Act be changed to make June 1, 2018 the repeal date of Sections
242.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this
25Act, and that Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
2620.20, and 20.25 of this Act therefore not be subject to repeal

 

 

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1on June 1, 2013.
2    (c) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20,
3and 20.25 of this Act shall be deemed to have been in
4continuous effect since June 1, 2008 (the effective date of
5Public Act 95-595), and shall continue to be in effect
6henceforward until June 1, 2018, unless they are otherwise
7lawfully repealed. All previously enacted amendments to this
8Act taking effect on or after June 1, 2013 are hereby
9validated.
10    (d) All actions taken in reliance on or pursuant to
11Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25
12of this Act by the Public Building Commission or any other
13person or entity are hereby validated.
14    (e) In order to ensure the continuing effectiveness of
15Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25
16of this Act, those Sections are set forth in full and reenacted
17by this amendatory Act of the 98th General Assembly. This
18reenactment is intended as a continuation of those Sections. It
19is not intended to supersede any amendment to the Act that is
20enacted by the 98th General Assembly.
21    (f) In this amendatory Act of the 98th General Assembly,
22the base text of the reenacted Sections is set forth as amended
23by Public Act 98-299. Striking and underscoring is used only to
24show changes being made to the base text. In this instance, no
25underscoring or striking is shown in the base text because no
26additional changes are being made.

 

 

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1    (g) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20,
2and 20.25 of this Act apply to all claims, civil actions, and
3proceedings pending on or filed on or before the effective date
4of this amendatory Act of the 98th General Assembly.
5(Source: P.A. 98-619, eff. 1-7-14.)