101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3063

 

Introduced , by Rep. Ryan Spain

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 2705/2705-233 new
20 ILCS 3501/825-108 new
30 ILCS 500/1-10.5 new
30 ILCS 550/1.9 new
30 ILCS 570/2.8 new
30 ILCS 575/2.8 new
605 ILCS 10/11.2 new
735 ILCS 30/15-5-48 new
820 ILCS 130/2  from Ch. 48, par. 39s-2

    Creates the Innovations for Transportation Infrastructure Act. Contains a statement of legislative policy. Defines terms. Adds provisions governing: authorization of project delivery methods; preconditions to commencement of procurement; procurement; evaluation and selection of proposals; project records; confidentiality; public disclosure; design-build contracts; construction manager/general contractor contracts; funding and financing; minority, disadvantaged, and women-owned businesses; acquisition of property; federal requirements; powers of the Department of Transportation and the Illinois State Toll Highway Authority; and rulemaking. Makes corresponding changes in the Department of Transportation Law of the Civil Administrative Code of Illinois; Illinois Finance Authority Act; the Illinois Procurement Code; the Public Construction Bond Act; the Employment of Illinois Workers on Public Works Act; the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; the Toll Highway Act; the Eminent Domain Act; and the Prevailing Wage Act. Provides that the provisions of the Act are severable. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3063LRB101 06824 TAE 51853 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Innovations for Transportation Infrastructure Act.
 
6    Section 5. Legislative policy.
7    (a) It is the public policy of the State of Illinois to
8promote the development of infrastructure projects that serve
9the needs of the public.
10    (b) The design-build project delivery method and
11Construction Manager/General Contractor project delivery
12method and use of Alternative Technical Concepts have the
13potential to capture private sector innovation and safely
14deliver infrastructure projects on more predictable schedules
15and budgets. Earlier completion and lower cost for projects are
16possible with the ability to shift or share risks with the
17private sector that are generally retained by the public in the
18conventional design-bid-build project delivery method.
19    (c) It is the intent of the General Assembly that the
20Department of Transportation and the Illinois State Toll
21Highway Authority may evaluate and use Alternative Technical
22Concepts proposed by bidders and proposers and to use the
23design-build project delivery method and Construction

 

 

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1Manager/General Contractor project delivery method.
2    (d) It is the intent of this Act to use design
3professionals, construction companies, and workers from this
4State to the greatest extent possible.
5    (e) The powers granted in this Act are in addition to any
6other powers authorized under applicable law.
 
7    Section 10. Definitions. As used in this Act:
8    "Alternative Technical Concepts" means a proposed
9deviation from the contract technical requirements set forth in
10the procurement documents for a transportation facility that
11offers a solution that is equal to or better than the
12requirements in the procurement documents.
13    "Authority" means the Illinois State Toll Highway
14Authority.
15    "Best value" means any selection process in which proposals
16contain both price and qualitative components and award is
17based upon a combination of price, qualitative concepts, and
18other factors.
19    "Chief procurement officer" means the chief procurement
20officer for the Transportation Agency.
21    "Construction Manager/General Contractor" means a proposer
22that has entered into a Construction Manager/General
23Contractor contract under this Act.
24    "Construction Manager/General Contractor contract" means a
25two-phase contract between the Transportation Agency and a

 

 

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1Construction Manager/General Contractor that includes a first
2phase addressing preconstruction services and a second phase
3addressing the construction of the transportation facility.
4    "Construction Manager/General Contractor project delivery
5method" means a method of procurement and contracting that
6makes a Construction Manager/General Contractor who enters
7into a contract with the Transportation Agency responsible for
8certain preconstruction services and then, if the parties reach
9agreement on key terms, responsible for construction of the
10transportation facility.
11    "Department" means the Illinois Department of
12Transportation.
13    "Design-bid-build project delivery method" means the
14traditional method of procuring and contracting for design
15services and construction services used separately in this
16State, that incorporates the Architectural, Engineering, and
17Land Surveying Qualifications Based Selection Act and the
18principles of competitive bidding under the Illinois
19Procurement Code.
20    "Design-build contract" means a contract between the
21Transportation Agency and a design-builder under which the
22design-builder agrees to furnish architectural, surveying,
23engineering, construction, and related services for a
24transportation facility.
25    "Design-build project delivery method" means a method of
26procurement and contracting that provides responsibility

 

 

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1within a single contract between the Transportation Agency and
2a design-builder for the furnishing of architectural,
3surveying, engineering, construction, and related services for
4a transportation facility.
5    "Design-builder" means a proposer that has entered into a
6design-build contract with the Transportation Agency under
7this Act.
8    "Evaluation Committee" means the committee assembled to
9evaluate and score statements of qualifications and proposals.
10    "Evaluation criteria" means the standards and requirements
11established by the Transportation Agency against which the
12qualifications and proposals of a proposer will be assessed
13during the procurement of a design-build contract or
14Construction Manager/General Contractor contract, as
15applicable.
16    "Executive Director" means the Executive Director of the
17Illinois State Toll Highway Authority.
18    "Metropolitan planning organization" means a metropolitan
19planning organization under 23 U.S.C. 134 whose metropolitan
20planning area boundaries are partially or completely within
21this State.
22    "Preconstruction services" means all
23non-construction-related services that a Construction
24Manager/General Contractor is required to perform during the
25first phase of a Construction Manager/General Contractor
26contract, and may include, but is not limited to, giving advice

 

 

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1to the Transportation Agency regarding scheduling, work
2sequencing, cost engineering, constructability, cost
3estimating, and risk identification.
4    "Proposal" means a proposer's response to a request for
5proposals.
6    "Proposer" means any individual, sole proprietorship,
7firm, partnership, joint venture, corporation, professional
8corporation, or other entity legally established to conduct
9business in this State that proposes to be the design-builder
10or Construction Manager/General Contractor for any
11transportation facility under this Act.
12    "Qualifications" means a statement of qualifications
13submitted by a proposer in response to a request for
14qualifications.
15    "Request for proposals" means the document issued by the
16Transportation Agency to solicit proposals and describe the
17procurement process for a design-build contract or
18Construction Manager/General Contractor contract in accordance
19with the design-build project delivery method or the
20Construction Manager/General Contractor project delivery
21method, as applicable.
22    "Request for qualifications" means the document issued by
23the Transportation Agency in the first phase of a two-phase
24procurement to solicit qualifications from proposers in
25accordance with the design-build project delivery method or the
26Construction Manager/General Contractor project delivery

 

 

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1method, as applicable.
2    "Scope and performance requirements" means the activities,
3constructed elements, and standards of performance the
4Transportation Agency requires the design-builder or the
5Construction Manager/General Contractor to comply with in the
6development of the transportation facility, and may include,
7but is not limited to, the intended usage, capacity, size,
8scope, quality and performance standards, life-cycle costs,
9preliminary engineering, design, and other requirements as
10developed and determined by the Transportation Agency.
11    "Secretary" means the Secretary of the Illinois Department
12of Transportation.
13    "Transportation Agency" means the Illinois Department of
14Transportation or the Illinois State Toll Highway Authority.
15    "Transportation facility" means any new or existing
16facility or group of facilities that are the subject of a
17design-build contract or a Construction Manager/General
18Contractor contract, and includes highways, roads, bridges,
19tunnels, overpasses, bus ways, guideways, ferries, airports or
20other aviation facilities, public transportation facilities,
21vehicle parking facilities, port facilities, rail facilities,
22stations, hubs, terminals, intermodal facilities, transit
23facilities, or similar facilities used for the transportation
24of persons or goods, together with any buildings, structures,
25parking areas, appurtenances, intelligent transportation
26systems, and other property or facilities related to the

 

 

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1operation or maintenance of these facilities.
 
2    Section 15. Authorization of project delivery methods.
3    (a) Notwithstanding any other law, and as authority
4supplemental to its existing powers, the Transportation
5Agency, in accordance with this Act, may use the design-build
6project delivery method for transportation facilities if the
7capital costs for transportation facilities delivered
8utilizing the design-build project delivery method or
9Construction Manager/General Contractor project delivery
10method or Alternative Technical Concepts in a design-bid-build
11project delivery method do not: (i) for transportation
12facilities delivered by the Department, exceed 20% of the
13Department's multi-year highway improvement program for any
145-year period with no one year period exceeding 30%; or (ii)
15for transportation facilities delivered by the Authority,
16exceed 20% of the Authority's annual improvement program. The
17Transportation Agency shall make this calculation before
18commencing the procurement. Notwithstanding any other law, and
19as authority supplemental to its existing powers, the
20Department, in accordance with this Act, may use the
21Construction Manager/General Contractor project delivery
22method for up to 2 transportation facilities. Before commencing
23a procurement under this Act for either a design-build contract
24or a Construction Manager/General Contractor contract, the
25Transportation Agency shall first undertake an analysis and

 

 

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1make a written determination that it is in the best interests
2of this State to use the selected delivery method for that
3transportation facility. The analysis and determination shall
4discuss the design-build project delivery method or
5Construction Manager/General Contractor project delivery
6method's impact on the anticipated schedule, completion date,
7and project costs. The best interests of the State analysis
8shall be made available to the public.
9    (b) The Transportation Agency shall report to the General
10Assembly annually for the first 5 years after the effective
11date of this Act on the progress of procurements and
12transportation facilities procured under this Act.
13    (c) The Architectural, Engineering, and Land Surveying
14Qualifications Based Selection Act does not apply to
15procurements under this Act.
 
16    Section 20. Preconditions to commencement of procurement.
17    If the Transportation Agency determines to use the
18design-build project delivery method or the Construction
19Manager/General Contractor project delivery method for a
20particular transportation facility, the Transportation Agency
21may not commence a procurement for the transportation facility
22until the Transportation Agency has satisfied the following
23requirements:
24    (1) the Transportation Agency does one of the following:
25        (A) the Transportation Agency includes the

 

 

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1    transportation facility in the Transportation Agency's
2    respective multi-year highway improvement program and
3    designates it as a design-build project delivery method
4    project or Construction Manager/General Contractor
5    project;
6        (B) the Transportation Agency issues a notice of intent
7    to receive qualifications, that includes a description of
8    the proposed procurement and transportation facility, at
9    least 14 days before the issuance of the request for
10    qualifications, and for a Department-issued notice of
11    intent publishes the notice in the Illinois Transportation
12    Procurement Bulletin and for an Authority-issued notice of
13    intent publishes the notice in the Illinois Procurement
14    Bulletin; or
15        (C) for a single-phase procurement authorized under
16    subsection (a) of Section 25 of this Act, the
17    Transportation Agency issues a notice of intent to receive
18    proposals, that includes a description of the proposed
19    procurement and transportation facility, at least 14 days
20    before the issuance of the request for proposals, and for a
21    Department-issued notice of intent publishes the notice in
22    the Illinois Transportation Procurement Bulletin and for
23    an Authority-issued notice of intent publishes the notice
24    in the Illinois Procurement Bulletin; and
25    (2) the Transportation Agency uses its best efforts to
26ensure that the transportation facility is consistent with the

 

 

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1regional plan in existence at the time of any metropolitan
2planning organization in which the boundaries of the
3transportation facility is located, or any other
4publicly-approved plan.
 
5    Section 25. Procurement process.
6    (a) The Transportation Agency may solicit a proposer with
7which to enter into a design-build contract or Construction
8Manager/General Contractor contract, as applicable, by using,
9without limitation, one or more requests for qualifications, a
10shortlisting of the most highly qualified proposers, requests
11for proposals, and negotiations. The Transportation Agency
12shall use a two-phase procurement for a design-build contract
13to select the successful proposer, except that the
14Transportation Agency may use a single-phase procurement if the
15transportation facility is estimated to cost less than
16$5,000,000 or the Secretary or the Executive Director makes a
17written determination that the Transportation Agency may use a
18single-phase procurement for a particular transportation
19facility. In a two-phase procurement, the Transportation
20Agency shall use the first phase to evaluate and shortlist the
21most highly qualified proposers based on a proposer's
22qualifications, and then use the second phase to evaluate and
23select a proposer based on proposals submitted by the
24shortlisted proposers. During the first phase of a two-phase
25procurement, the Transportation Agency shall not consider

 

 

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1price proposals to make its shortlist decision. In a
2single-phase procurement, the Transportation Agency shall
3solicit proposers with a request for proposals, and shall
4evaluate and select a proposer based on those proposals.
5    (b) The request for qualifications may contain any terms
6deemed appropriate by the Transportation Agency including,
7without limitation, the following:
8        (1) a description of the anticipated scope of work for
9    the transportation facility;
10        (2) a requirement that the proposer identify certain
11    key personnel, and for design-build contracts certain key
12    firms, the experience of the personnel and firms, and the
13    conditions on which identified personnel and firms can be
14    replaced;
15        (3) the evaluation criteria for the qualifications and
16    the relative importance of those criteria; these
17    evaluation criteria may address, without limitation, the
18    proposer's technical and financial qualifications, such as
19    specialized experience, technical competence, capability
20    to perform, financial capacity, the proposer's workload,
21    local office presence, past performance including the
22    proposer's safety record, and any other
23    qualifications-based factors;
24        (4) the Transportation Agency's prequalification,
25    licensing, and registration requirements, including any
26    requirements from the Professional Engineering Practice

 

 

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1    Act of 1989, the Illinois Architecture Practice Act of
2    1989, the Structural Engineering Practice Act of 1989, and
3    the Illinois Professional Land Surveyor Act of 1989, except
4    that nothing contained herein precludes the Transportation
5    Agency's use of additional prequalification criteria or
6    pass-fail evaluation factors addressing minimum levels of
7    technical experience or financial capabilities;
8        (5) the maximum number of proposers the Transportation
9    Agency will shortlist to submit proposals; and
10        (6) any other relevant information the Transportation
11    Agency deems appropriate.
12    (c) Upon completion of the qualifications evaluation, the
13Transportation Agency shall, based on the evaluation criteria
14set forth in the request for qualifications, create a shortlist
15of the most highly qualified proposers. The Transportation
16Agency shall shortlist no more than 5 and no fewer than 2 of
17the most highly qualified proposers. Notwithstanding other
18provisions of this subsection (c), the Transportation Agency
19may shortlist fewer than 2 proposers if the Secretary or the
20Executive Director makes a finding that an emergency situation
21justifies the limited shortlisting and fewer than 2 proposers
22meet any applicable prequalification or pass-fail requirements
23set forth in the request for qualifications.
24    (d) The request for proposals may contain any terms deemed
25appropriate by the Transportation Agency including, without
26limitation, the following:

 

 

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1        (1) the form and amount of required bid security;
2        (2) the terms of the design-build contract or
3    Construction Manager/General Contractor contract,
4    including, but not limited to, scope and performance
5    requirements, schedule or completion date requirements,
6    subcontractor requirements, payment and performance
7    security requirements, and insurance requirements;
8        (3) the requirements for the technical component of the
9    proposal, including a description of the level of design,
10    scope and type of renderings, drawings, and specifications
11    to be provided in the proposals;
12        (4) the requirements for the price component of the
13    proposal, which for Construction Manager/General
14    Contractor contracts may include a requirement for the
15    proposer to submit a lump sum price for the direct costs to
16    perform the required preconstruction services and
17    percentage mark-up on those direct costs;
18        (5) the evaluation criteria for the proposals,
19    including technical criteria, innovation, and schedule,
20    and the relative importance of those criteria, as the
21    Transportation Agency deems appropriate;
22        (6) a process for the Transportation Agency to review
23    and accept Alternative Technical Concepts;
24        (7) requirements regarding the proposer's
25    qualifications; and
26        (8) any other relevant information the Transportation

 

 

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1    Agency deems appropriate.
2    (e) Before the proposers' submittal of proposals, the
3Transportation Agency may conduct confidential meetings and
4exchange confidential information with proposers to promote
5understanding of the request for proposals, review Alternative
6Technical Concepts, or discuss other issues related to the
7procurement.
8    (f) The date proposals are due must be at least 28 calendar
9days after the date the Transportation Agency first issues the
10request for proposals.
11    (g) The Transportation Agency may offer to pay a stipend in
12an amount and on the terms and conditions determined by the
13Transportation Agency and as set forth in the request for
14proposals to: (1) all shortlisted proposers if the
15Transportation Agency cancels the procurement before the due
16date for proposals; or (2) each unsuccessful proposer that
17submits a responsive proposal. The Transportation Agency may
18pay a stipend only to those proposers who grant to the
19Transportation Agency the right to use any work product
20contained in the unsuccessful proposer's proposal and other
21proposal-related submissions or, if the Transportation Agency
22cancels the procurement before the due date for proposals, any
23work product developed before cancellation, including
24technologies, techniques, methods, processes, and information
25contained in the recipient's design for the transportation
26facility.

 

 

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1    (h) The Transportation Agency shall, as appropriate
2depending on whether the transportation facility includes
3building facilities, directly employ or retain a professional
4engineer or engineers licensed in this State or a licensed
5architect or architects, or both engineers licensed in this
6State and licensed architects, to prepare the scope and assist
7in the evaluation of the proposals' technical submissions under
8a design-build project delivery method. The professional
9engineers and licensed architects performing these services
10are generally precluded from participating in the procurement
11of the transportation facility at issue as a member of a
12proposer team.
13    (i) The Transportation Agency has the right to reject any
14and all qualifications or proposals, including, but not limited
15to, the right to reject any qualifications or proposals as
16non-responsive, if, in the Transportation Agency's sole
17discretion, the qualifications or proposals do not meet all
18material requirements of the request for qualifications or
19request for proposals, as appropriate. The Transportation
20Agency shall not consider a proposal that does not include:
21        (1) the proposer's plan to comply with requirements
22    established by the Transportation Agency regarding
23    utilization of business enterprises, including
24    disadvantaged business enterprises; or
25        (2) bid security in the form and amount designated in
26    the request for proposals.

 

 

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1    (j) The Transportation Agency shall consult with the
2appropriate chief procurement officer on the design-build
3project delivery method and the Construction Manager/General
4Contractor project delivery method procurement processes, and
5the Secretary or the Executive Director, in consultation with
6the chief procurement officer, shall determine which
7procedures to adopt and apply to the design-build project
8delivery method and Construction Manager/General Contractor
9project delivery method procurement processes in order to
10ensure an open, transparent, and efficient process that
11accomplishes the purposes of this Act.
 
12    Section 30. Evaluation committee.
13    (a) The Transportation Agency shall establish one or more
14evaluation committees to assist in selecting a design-builder
15and a Construction Manager/General Contractor. The
16Transportation Agency, in its sole discretion, shall determine
17the appropriate size and composition of the evaluation
18committee; however, at least half of the committee must be
19licensed design professionals.
20    (b) The Transportation Agency may establish an evaluation
21committee for a set term or for the procurement of a particular
22transportation facility.
23    (c) Once the Transportation Agency identifies the
24proposers for a transportation facility, each member of an
25evaluation committee must certify that no conflict of interest

 

 

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1exists between the member and the proposers. If the
2Transportation Agency, after consultation with the chief
3procurement officer, determines that an actual conflict
4exists, the member shall not participate on the evaluation
5committee for that procurement and the Transportation Agency
6shall appoint a replacement member on either a permanent or a
7temporary basis.
 
8    Section 35. Procedures for selection. The Transportation
9Agency shall review, evaluate, score, and rank proposals and
10determine which proposal offers the best value to the public
11based on the evaluation criteria set forth in the request for
12proposals. The Transportation Agency shall award the contract
13based on this determination. Notwithstanding other provisions
14of this Section, if for any reason the proposer awarded the
15contract is unable or unwilling to execute the contract,
16including the failure of the proposer and the Transportation
17Agency to successfully complete negotiations, if any, of the
18contract, the Transportation Agency may award the contract to
19the proposer whose proposal the Transportation Agency
20determines offers the public the next best value.
 
21    Section 40. Project records; confidentiality; public
22disclosure.
23    (a) The Transportation Agency shall maintain all written
24decisions, qualification and proposal evaluations, scoring

 

 

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1documents, selection evaluations, proposals, and procurement
2documents in a procurement file maintained by the
3Transportation Agency.
4    (b) A proposer may identify those portions of a proposal or
5other submission that the proposer considers to be trade
6secrets or confidential, commercial, financial, or proprietary
7information. Confidential and proprietary information,
8including trade secrets, shall be exempt from disclosure only
9if the proposer does the following:
10        (1) requests exclusion from disclosure upon submission
11    of the information or other materials for which protection
12    is sought;
13        (2) identifies the data or other materials for which
14    protection is sought;
15        (3) states the statutory or regulatory basis for the
16    protection;
17        (4) fully complies with the federal Freedom of
18    Information Act and any other applicable provisions of
19    State law, including, but not limited to, the Freedom of
20    Information Act, with respect to information the proposer
21    contends should be exempt from disclosure; and
22        (5) certifies if the information is in accordance with
23    the protection of the Illinois Trade Secrets Act.
24    (c) Notwithstanding any other provision of law, in order to
25properly balance the need to maximize competition under this
26Act with the need to create a transparent procurement process,

 

 

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1the qualifications, proposals, and other information and
2documents submitted by proposers and the Transportation
3Agency's evaluation records shall not be subject to release or
4disclosure by the Transportation Agency until execution of the
5design-build contract or Construction Manager/General
6Contractor contract, as applicable. If the Transportation
7Agency terminates the procurement for a transportation
8facility, the exemption from release or disclosure under this
9Section shall remain in place until the Transportation Agency
10re-procures the transportation facility and has entered into a
11design-build contract or Construction Manager/General
12Contractor contract, as applicable. However, this exemption
13shall lapse if the Transportation Agency does not commence the
14re-procurement of the transportation facility within 5 years of
15the termination.
 
16    Section 45. Design-build contract. A design-build contract
17may include any provisions the Transportation Agency
18determines are necessary or appropriate, including, but not
19limited to, provisions regarding the following:
20        (1) compensation or payments to the design-builder;
21        (2) grounds for termination of the design-build
22    contract, including the Transportation Agency's right to
23    terminate for convenience;
24        (3) liability for damages and nonperformance;
25        (4) events of default and the rights and remedies

 

 

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1    available to the design-builder and the Transportation
2    Agency in the event of a default or delay;
3        (5) the identification of any technical specifications
4    that the design-builder must comply with when developing
5    plans or performing construction work;
6        (6) the procedures for review and approval of the
7    design-builder's plans;
8        (7) required performance and payment security;
9        (8) the terms and conditions of indemnification and
10    minimum insurance requirements; and
11        (9) any other terms and conditions the Transportation
12    Agency deems necessary.
 
13    Section 50. Construction Manager/General Contractor
14contract.
15    (a) The Construction Manager/General Contractor contract
16shall divide the Construction Manager/General Contractor
17services into 2 phases. The first phase shall address
18preconstruction services and the procedures the parties shall
19follow to finalize the contract terms for the second phase. The
20second phase shall address the Construction Manager/General
21Contractor's construction of the transportation facility for a
22lump sum or a guaranteed maximum price.
23    (b) A Construction Manager/General Contractor contract
24shall include provisions regarding the following:
25        (1) the Construction Manager/General Contractor's

 

 

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1    provision of preconstruction services during the first
2    phase of the contract, including the Construction
3    Manager/General Contractor's compensation for those
4    services;
5        (2) a requirement that, during the first phase of the
6    contract, the Construction Manager/General Contractor
7    shall use a competitive bidding process to procure
8    subcontracts for at least the minimum percentage of
9    construction work specified in the request for proposals,
10    provided that:
11            (A) compliance with this requirement shall be
12        based on an estimated cost for the construction work
13        approved by the Transportation Agency before the start
14        of the competitive bidding process; and
15            (B) the Construction Manager/General Contractor
16        may not use subcontracts with its wholly or partially
17        owned subsidiaries, parent companies, or affiliates to
18        satisfy this obligation;
19        (3) the process the Transportation Agency and the
20    Construction Manager/General Contractor shall use to
21    determine a lump sum or guaranteed maximum price for the
22    construction work, including a requirement that the
23    Transportation Agency conduct an independent cost estimate
24    for the construction work; and
25        (4) grounds for termination of the Construction
26    Manager/General Contractor contract, including the

 

 

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1    Transportation Agency's right to terminate the contract
2    and not proceed with the construction phase of the project
3    if the Transportation Agency and the Construction
4    Manager/General Contractor are unable to negotiate a lump
5    sum or guaranteed maximum price for the construction work.
6    (c) In addition to the provisions under subsection (b) of
7this Section, a Construction Manager/General Contractor
8contract may include any other provisions the Transportation
9Agency determines are necessary or appropriate, including, but
10not limited to, provisions regarding the following:
11        (1) liability for damages and nonperformance;
12        (2) events of default and the rights and remedies
13    available to the Construction Manager/General Contractor
14    and the Transportation Agency in the event of a default or
15    delay;
16        (3) the identification of any technical specifications
17    that the Construction Manager/General Contractor must
18    comply with when aiding the Transportation Agency with
19    developing plans or performing construction work;
20        (4) required performance and payment security for the
21    construction phase of the contract;
22        (5) the terms and conditions of indemnification and
23    minimum insurance requirements; and
24        (6) any other terms and conditions the Transportation
25    Agency deems necessary.
26    (d) If the Construction Manager/General Contractor

 

 

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1contract is terminated for any reason, the Transportation
2Agency, in its sole discretion, may readvertise the
3Construction Manager/General Contractor contract under this
4Act or use any other authorized procurement method to complete
5the transportation facility or any portion of the
6transportation facility. Once the contract is terminated, the
7Transportation Agency may use any work product developed by the
8Construction Manager/General Contractor to complete the
9transportation facility.
 
10    Section 55. Funding and financing.
11    (a) The Transportation Agency may use any lawful source of
12funding and financing to compensate a design-builder and
13Construction Manager/General Contractor for work and services
14performed under a design-build contract or Construction
15Manager/General Contractor contract, as applicable, and the
16Transportation Agency may combine federal, State, local, and
17private funds to finance a transportation facility.
18    (b) Subject to appropriation by the General Assembly of the
19required amounts, the Transportation Agency may obligate and
20make expenditures of funds as and when needed to satisfy its
21payment obligations under a design-build contract or
22Construction Manager/General Contractor contract.
 
23    Section 56. Utilization requirements. Design-builder and
24Construction Manager/General Contractor projects shall comply

 

 

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1with Section 2-105 of the Illinois Human Rights Act and all
2applicable laws and rules that establish standards and
3procedures for the utilization of minority, disadvantaged, and
4women-owned businesses, including, but not limited to, the
5Business Enterprise for Minorities, Women, and Persons with
6Disabilities Act.
 
7    Section 60. Acquisition of property and related
8agreements. The Transportation Agency may exercise any and all
9powers of condemnation or eminent domain, including quick-take
10powers, to acquire lands or estates or interests in land for a
11transportation facility under this Act to the extent the
12Transportation Agency finds that the action serves the public
13purpose of this Act and deems the action appropriate in the
14exercise of its powers under this Act. In addition, the
15Transportation Agency and a design-builder or Construction
16Manager/General Contractor may enter into leases, licenses,
17easements, and other grants of property interests that the
18Transportation Agency determines are necessary to deliver a
19transportation facility under this Act.
 
20    Section 65. Federal requirements. In the procurement of
21design-build contracts and Construction Manager/General
22Contractor contracts, the Transportation Agency shall, to the
23extent applicable, comply with federal law and regulations and
24take all necessary steps to adapt its rules, policies, and

 

 

HB3063- 25 -LRB101 06824 TAE 51853 b

1procedures to remain eligible for federal aid.
 
2    Section 70. Powers. The powers granted to the
3Transportation Agency under this Act, including the power to
4procure and enter into design-build contracts and Construction
5Manager/General Contractor contracts, shall be liberally
6construed to accomplish its purpose, are in addition to any
7existing powers of the Transportation Agency, and shall not
8affect or impair any other powers authorized under applicable
9law.
 
10    Section 75. Rulemaking.
11    (a) The Illinois Administrative Procedure Act applies to
12all administrative rules and procedures of the Transportation
13Agency under this Act, except that nothing in this Act shall be
14construed to render any prequalification or other
15responsibility criteria as a "license" or "licensing" under
16that Act.
17    (b) The appropriate chief procurement officer, in
18consultation with the Transportation Agency, may adopt rules to
19carry out the provisions of this Act.
 
20    Section 905. The Department of Transportation Law of the
21Civil Administrative Code of Illinois is amended by adding
22Section 2705-233 as follows:
 

 

 

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1    (20 ILCS 2705/2705-233 new)
2    Sec. 2705-233. Innovations for Transportation
3Infrastructure Act. The Department may exercise all powers
4granted to it under the Innovations for Transportation
5Infrastructure Act, including, but not limited to, the power to
6enter into all contracts or agreements necessary or incidental
7to the performance of its powers under that Act, and powers
8related to any transportation facility implemented under that
9Act.
 
10    Section 910. The Illinois Finance Authority Act is amended
11by adding Section 825-108 as follows:
 
12    (20 ILCS 3501/825-108 new)
13    Sec. 825-108. Transportation project financing. For the
14purpose of financing a transportation facility undertaken
15under the Innovations for Transportation Infrastructure Act,
16the Authority may apply for an allocation of tax-exempt bond
17financing authorization provided by subsection (m) of Section
18142 of the United States Internal Revenue Code, as well as
19financing available under any other federal law or program.
 
20    Section 915. The Illinois Procurement Code is amended by
21adding Section 1-10.5 as follows:
 
22    (30 ILCS 500/1-10.5 new)

 

 

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1    Sec. 1-10.5. Alternative Technical Concepts.
2    (a) For the purposes of this Section, "Alternative
3Technical Concepts" and "design-bid-build project delivery
4method" have the meanings ascribed to those terms in the
5Innovations for Transportation Infrastructure Act.
6    (b) Notwithstanding subsection (b) of Section 1-10 of this
7Code, the Department of Transportation may allow bidders and
8proposers to submit Alternative Technical Concepts in their
9bids and proposals, if the Department determines that the
10Alternative Technical Concepts provide an equal or better
11solution than the underlying technical requirements applicable
12to the work. Notwithstanding the foregoing, for projects the
13Department delivers using the design-bid-build project
14delivery method, the Department shall use the Alternative
15Technical Concepts process for no more than 3 projects. If the
16Department allows bidders or proposers for a particular
17contract to submit Alternative Technical Concepts, the
18Department shall describe the process for submission and
19evaluation of Alternative Technical Concepts in the
20procurement documents for that contract, including the
21potential use of confidential meetings and the exchange of
22confidential information with bidders and proposers to review
23and discuss potential or proposed Alternative Technical
24Concepts.
 
25    Section 920. The Public Construction Bond Act is amended by

 

 

HB3063- 28 -LRB101 06824 TAE 51853 b

1adding Section 1.9 as follows:
 
2    (30 ILCS 550/1.9 new)
3    Sec. 1.9. Design-build contracts and Construction
4Manager/General Contractor contracts. This Act applies to any
5design-build contract or Construction Manager/General
6Contractor contract entered into under the Innovations for
7Transportation Infrastructure Act.
 
8    Section 925. The Employment of Illinois Workers on Public
9Works Act is amended by adding Section 2.8 as follows:
 
10    (30 ILCS 570/2.8 new)
11    Sec. 2.8. Design-build and Construction Manager/General
12Contractor contracts. This Act applies to any design-build
13contracts and Construction Manager/General Contractor
14contracts entered into under the Innovations for
15Transportation Infrastructure Act.
 
16    Section 930. The Business Enterprise for Minorities,
17Women, and Persons with Disabilities Act is amended by adding
18Section 2.8 as follows:
 
19    (30 ILCS 575/2.8 new)
20    Sec. 2.8. Design-build and Construction Manager/General
21Contractor contracts. This Act applies to any design-build

 

 

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1contracts and Construction Manager/General Contractor
2contracts entered into under the Innovations for
3Transportation Infrastructure Act.
 
4    Section 935. The Toll Highway Act is amended by adding
5Section 11.2 as follows:
 
6    (605 ILCS 10/11.2 new)
7    Sec. 11.2. Innovations for Transportation Infrastructure
8Act. The Authority may exercise all powers granted to it under
9the Innovations for Transportation Infrastructure Act,
10including, but not limited to, the power to enter into all
11contracts or agreements necessary to perform its powers under
12that Act, and any powers related to a transportation facility
13implemented under that Act.
 
14    Section 940. The Eminent Domain Act is amended by adding
15Section 15-5-48 as follows:
 
16    (735 ILCS 30/15-5-48 new)
17    Sec. 15-5-48. Eminent domain powers in new Acts. The
18following provisions of law may include express grants of the
19power to acquire property by condemnation or eminent domain:
20    The Innovations for Transportation Infrastructure Act; for
21the purposes of constructing a transportation facility under
22the Act.
 

 

 

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1    Section 945. The Prevailing Wage Act is amended by changing
2Section 2 as follows:
 
3    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
4    (Text of Section before amendment by P.A. 100-1177)
5    Sec. 2. This Act applies to the wages of laborers,
6mechanics and other workers employed in any public works, as
7hereinafter defined, by any public body and to anyone under
8contracts for public works. This includes any maintenance,
9repair, assembly, or disassembly work performed on equipment
10whether owned, leased, or rented.
11    As used in this Act, unless the context indicates
12otherwise:
13    "Public works" means all fixed works constructed or
14demolished by any public body, or paid for wholly or in part
15out of public funds. "Public works" as defined herein includes
16all projects financed in whole or in part with bonds, grants,
17loans, or other funds made available by or through the State or
18any of its political subdivisions, including but not limited
19to: bonds issued under the Industrial Project Revenue Bond Act
20(Article 11, Division 74 of the Illinois Municipal Code), the
21Industrial Building Revenue Bond Act, the Illinois Finance
22Authority Act, the Illinois Sports Facilities Authority Act, or
23the Build Illinois Bond Act; loans or other funds made
24available pursuant to the Build Illinois Act; loans or other

 

 

HB3063- 31 -LRB101 06824 TAE 51853 b

1funds made available pursuant to the Riverfront Development
2Fund under Section 10-15 of the River Edge Redevelopment Zone
3Act; or funds from the Fund for Illinois' Future under Section
46z-47 of the State Finance Act, funds for school construction
5under Section 5 of the General Obligation Bond Act, funds
6authorized under Section 3 of the School Construction Bond Act,
7funds for school infrastructure under Section 6z-45 of the
8State Finance Act, and funds for transportation purposes under
9Section 4 of the General Obligation Bond Act. "Public works"
10also includes (i) all projects financed in whole or in part
11with funds from the Department of Commerce and Economic
12Opportunity under the Illinois Renewable Fuels Development
13Program Act for which there is no project labor agreement; (ii)
14all work performed pursuant to a public private agreement under
15the Public Private Agreements for the Illiana Expressway Act or
16the Public-Private Agreements for the South Suburban Airport
17Act; and (iii) all projects undertaken under a public-private
18agreement under the Public-Private Partnerships for
19Transportation Act; and (iv) all transportation facilities
20undertaken under a design-build contract or a Construction
21Manager/General Contractor contract under the Innovations for
22Transportation Infrastructure Act. "Public works" also
23includes all projects at leased facility property used for
24airport purposes under Section 35 of the Local Government
25Facility Lease Act. "Public works" also includes the
26construction of a new wind power facility by a business

 

 

HB3063- 32 -LRB101 06824 TAE 51853 b

1designated as a High Impact Business under Section 5.5(a)(3)(E)
2of the Illinois Enterprise Zone Act. "Public works" does not
3include work done directly by any public utility company,
4whether or not done under public supervision or direction, or
5paid for wholly or in part out of public funds. "Public works"
6also includes any corrective action performed pursuant to Title
7XVI of the Environmental Protection Act for which payment from
8the Underground Storage Tank Fund is requested. "Public works"
9does not include projects undertaken by the owner at an
10owner-occupied single-family residence or at an owner-occupied
11unit of a multi-family residence. "Public works" does not
12include work performed for soil and water conservation purposes
13on agricultural lands, whether or not done under public
14supervision or paid for wholly or in part out of public funds,
15done directly by an owner or person who has legal control of
16those lands.
17    "Construction" means all work on public works involving
18laborers, workers or mechanics. This includes any maintenance,
19repair, assembly, or disassembly work performed on equipment
20whether owned, leased, or rented.
21    "Locality" means the county where the physical work upon
22public works is performed, except (1) that if there is not
23available in the county a sufficient number of competent
24skilled laborers, workers and mechanics to construct the public
25works efficiently and properly, "locality" includes any other
26county nearest the one in which the work or construction is to

 

 

HB3063- 33 -LRB101 06824 TAE 51853 b

1be performed and from which such persons may be obtained in
2sufficient numbers to perform the work and (2) that, with
3respect to contracts for highway work with the Department of
4Transportation of this State, "locality" may at the discretion
5of the Secretary of the Department of Transportation be
6construed to include two or more adjacent counties from which
7workers may be accessible for work on such construction.
8    "Public body" means the State or any officer, board or
9commission of the State or any political subdivision or
10department thereof, or any institution supported in whole or in
11part by public funds, and includes every county, city, town,
12village, township, school district, irrigation, utility,
13reclamation improvement or other district and every other
14political subdivision, district or municipality of the state
15whether such political subdivision, municipality or district
16operates under a special charter or not.
17    The terms "general prevailing rate of hourly wages",
18"general prevailing rate of wages" or "prevailing rate of
19wages" when used in this Act mean the hourly cash wages plus
20annualized fringe benefits for training and apprenticeship
21programs approved by the U.S. Department of Labor, Bureau of
22Apprenticeship and Training, health and welfare, insurance,
23vacations and pensions paid generally, in the locality in which
24the work is being performed, to employees engaged in work of a
25similar character on public works.
26(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;

 

 

HB3063- 34 -LRB101 06824 TAE 51853 b

198-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
27-16-14.)
 
3    (Text of Section after amendment by P.A. 100-1177)
4    Sec. 2. This Act applies to the wages of laborers,
5mechanics and other workers employed in any public works, as
6hereinafter defined, by any public body and to anyone under
7contracts for public works. This includes any maintenance,
8repair, assembly, or disassembly work performed on equipment
9whether owned, leased, or rented.
10    As used in this Act, unless the context indicates
11otherwise:
12    "Public works" means all fixed works constructed or
13demolished by any public body, or paid for wholly or in part
14out of public funds. "Public works" as defined herein includes
15all projects financed in whole or in part with bonds, grants,
16loans, or other funds made available by or through the State or
17any of its political subdivisions, including but not limited
18to: bonds issued under the Industrial Project Revenue Bond Act
19(Article 11, Division 74 of the Illinois Municipal Code), the
20Industrial Building Revenue Bond Act, the Illinois Finance
21Authority Act, the Illinois Sports Facilities Authority Act, or
22the Build Illinois Bond Act; loans or other funds made
23available pursuant to the Build Illinois Act; loans or other
24funds made available pursuant to the Riverfront Development
25Fund under Section 10-15 of the River Edge Redevelopment Zone

 

 

HB3063- 35 -LRB101 06824 TAE 51853 b

1Act; or funds from the Fund for Illinois' Future under Section
26z-47 of the State Finance Act, funds for school construction
3under Section 5 of the General Obligation Bond Act, funds
4authorized under Section 3 of the School Construction Bond Act,
5funds for school infrastructure under Section 6z-45 of the
6State Finance Act, and funds for transportation purposes under
7Section 4 of the General Obligation Bond Act. "Public works"
8also includes (i) all projects financed in whole or in part
9with funds from the Department of Commerce and Economic
10Opportunity under the Illinois Renewable Fuels Development
11Program Act for which there is no project labor agreement; (ii)
12all work performed pursuant to a public private agreement under
13the Public Private Agreements for the Illiana Expressway Act or
14the Public-Private Agreements for the South Suburban Airport
15Act; and (iii) all projects undertaken under a public-private
16agreement under the Public-Private Partnerships for
17Transportation Act; and (iv) all transportation facilities
18undertaken under a design-build contract or a Construction
19Manager/General Contractor contract under the Innovations for
20Transportation Infrastructure Act. "Public works" also
21includes all projects at leased facility property used for
22airport purposes under Section 35 of the Local Government
23Facility Lease Act. "Public works" also includes the
24construction of a new wind power facility by a business
25designated as a High Impact Business under Section 5.5(a)(3)(E)
26of the Illinois Enterprise Zone Act. "Public works" does not

 

 

HB3063- 36 -LRB101 06824 TAE 51853 b

1include work done directly by any public utility company,
2whether or not done under public supervision or direction, or
3paid for wholly or in part out of public funds. "Public works"
4also includes any corrective action performed pursuant to Title
5XVI of the Environmental Protection Act for which payment from
6the Underground Storage Tank Fund is requested. "Public works"
7does not include projects undertaken by the owner at an
8owner-occupied single-family residence or at an owner-occupied
9unit of a multi-family residence. "Public works" does not
10include work performed for soil and water conservation purposes
11on agricultural lands, whether or not done under public
12supervision or paid for wholly or in part out of public funds,
13done directly by an owner or person who has legal control of
14those lands.
15    "Construction" means all work on public works involving
16laborers, workers or mechanics. This includes any maintenance,
17repair, assembly, or disassembly work performed on equipment
18whether owned, leased, or rented.
19    "Locality" means the county where the physical work upon
20public works is performed, except (1) that if there is not
21available in the county a sufficient number of competent
22skilled laborers, workers and mechanics to construct the public
23works efficiently and properly, "locality" includes any other
24county nearest the one in which the work or construction is to
25be performed and from which such persons may be obtained in
26sufficient numbers to perform the work and (2) that, with

 

 

HB3063- 37 -LRB101 06824 TAE 51853 b

1respect to contracts for highway work with the Department of
2Transportation of this State, "locality" may at the discretion
3of the Secretary of the Department of Transportation be
4construed to include two or more adjacent counties from which
5workers may be accessible for work on such construction.
6    "Public body" means the State or any officer, board or
7commission of the State or any political subdivision or
8department thereof, or any institution supported in whole or in
9part by public funds, and includes every county, city, town,
10village, township, school district, irrigation, utility,
11reclamation improvement or other district and every other
12political subdivision, district or municipality of the state
13whether such political subdivision, municipality or district
14operates under a special charter or not.
15    "Labor organization" means an organization that is the
16exclusive representative of an employer's employees recognized
17or certified pursuant to the National Labor Relations Act.
18    The terms "general prevailing rate of hourly wages",
19"general prevailing rate of wages" or "prevailing rate of
20wages" when used in this Act mean the hourly cash wages plus
21annualized fringe benefits for training and apprenticeship
22programs approved by the U.S. Department of Labor, Bureau of
23Apprenticeship and Training, health and welfare, insurance,
24vacations and pensions paid generally, in the locality in which
25the work is being performed, to employees engaged in work of a
26similar character on public works.

 

 

HB3063- 38 -LRB101 06824 TAE 51853 b

1(Source: P.A. 100-1177, eff. 6-1-19.)
 
2    Section 995. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.
 
9    Section 997. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.
 
11    Section 999. Effective date. This Act takes effect upon
12becoming law.