HB3267ham001 100TH GENERAL ASSEMBLY

Rep. Marcus C. Evans, Jr.

Filed: 3/23/2017

10000HB3267ham001 LRB100 11192 AXK 23712 a

AMENDMENT TO HOUSE BILL 3267

AMENDMENT NO. ______. Amend House Bill 3267 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Highway Code is amended by adding Section 4-224 as follows:

(605 ILCS 5/4-224 new)

Sec. 4-224. Pay for Performance program; Quality Control for Performance program.

(a) Within 90 days after the effective date of this amendatory Act of the 100th General Assembly, the Department shall revise its Pay for Performance program and Quality Control for Performance program for the production, placement, and payment of hot-mix asphalt projects in this State. The programs shall incorporate and be fully compliant with applicable standards developed by the American Association of State Highway and Transportation Officials and the American Society for Testing and Materials and shall include, but are not limited to:

(1) a dispute resolution process that would address issues arising out of a pre-production meeting under AASHTO R 9-05 (2013) or its current equivalent full standard, which shall include third-party arbitration as a final step;

(2) the use of a contractor's quality test results for hot-mix asphalt under 23 CFR 637 and AASHTO R 9-05 (2013) or its current equivalent full standard for consideration in the Department's acceptance decisions for the programs;

(3) the use of third party laboratories to conduct verification testing, independent assurance testing, or dispute resolution testing under 23 CFR 637 and AASHTO R 9-05 (2013) or its current equivalent full standard on behalf of the Department;

(4) the use of performance-based testing that utilizes the test methods developed by the American Association of State Highway and Transportation Officials or the American Society for Testing and Materials. In creating the criteria for the performance-based testing, the Department shall give priority consideration to the Federal Highway Administration's Techbriefs, Transportation Pooled Fund studies sponsored by the Federal Highway Administration or the Department, and completed National Cooperative Highway Research Program projects;

(5) a procedure for addressing outlying test results under ASTM E178-16a or its current equivalent full standard; and

(6) an acceptable quality limit and a pay factor equation that provides for a maximum pay adjustment of up to 105% and a defined maximum pay deduction under AASHTO R 9-05 (2013) or its current equivalent full standard.

(b) Within 30 days after the revision of the Pay for Performance program and the Quality Control for Performance program, the Secretary of Transportation shall direct the Bureau of Materials and Physical Research to publish revised Pay for Performance and Quality Control for Performance Special Provisions for use in Department projects. Each Special Provision shall include a certification that the programs comply with non-provisional standards that have been formally adopted and published by the American Association of State Highway and Transportation Officials and the American Society for Testing and Materials.

Section 99. Effective date. This Act takes effect upon becoming law.".