SB2918sam001 100TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 4/9/2018

10000SB2918sam001 LRB100 17167 LNS 38233 a

AMENDMENT TO SENATE BILL 2918

AMENDMENT NO. ______. Amend Senate Bill 2918 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. Within 90 days after the effective date of this amendatory Act of the 100th General Assembly, the Department shall revise its Pay for Performance and Quality Control for Performance programs for the production, placement, and payment of hot-mix asphalt projects in this State. The programs shall incorporate and be fully compliant with Federal Highway Administration publications, guidelines, and technical briefs. It shall be the goal of the Department in revising its Pay for Performance and Quality Control for Performance programs to ensure the equitable balancing of interests between hot-mix asphalt contractors and the Department. In furtherance of this goal, revisions to the Department's Pay for Performance and Quality Control for Performance programs shall include, but are not limited to, the implementation of a dispute resolution process that: (1) addresses issues arising out of the pre-production meeting; (2) utilizes the results of a certified, third-party laboratory for verification and independent assurance testing; (3) provides a procedure for addressing outlying test results; and (4) includes arbitration, such as arbitration administered by the American Arbitration Association, as a final step.

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