Illinois General Assembly - Full Text of SB2981
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Full Text of SB2981  102nd General Assembly


Sen. Ram Villivalam

Filed: 2/23/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 2981 by replacing
3everything after the enacting clause with the following:
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
16are possible with the ability to shift or share risks with the



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1private sector that are generally retained by the public in
2the conventional design-bid-build project delivery method.
3    (c) It is the intent of the General Assembly that the
4Department of Transportation and the Illinois State Toll
5Highway Authority may evaluate and use Alternative Technical
6Concepts proposed by bidders and proposers and to use the
7design-build project delivery method and Construction
8Manager/General Contractor project delivery method.
9    (d) It is the intent of this Act to use design
10professionals, construction companies, and workers from this
11State, reflecting the diversity of the State's businesses and
12workforce, to the greatest extent possible.
13    (e) Except as otherwise provided in this Act, the powers
14granted in this Act are in addition to any other powers
15authorized under applicable law.
16    Section 10. Definitions. As used in this Act:
17    "Alternative Technical Concepts" means a proposed
18deviation from the contract requirements set forth in the
19procurement documents for a transportation facility that
20offers a solution that is equal to or better than the
21requirements in the procurement documents.
22    "Authority" means the Illinois State Toll Highway
24    "Best value" means any selection process in which
25proposals contain both price and qualitative components and



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1award is based upon a combination of price, qualitative
2concepts, and other factors.
3    "Chief procurement officer" means the chief procurement
4officer for the Transportation Agency.
5    "Construction Manager/General Contractor" means a proposer
6that has entered into a Construction Manager/General
7Contractor contract under this Act.
8    "Construction Manager/General Contractor contract" means a
9two-phase contract between the Transportation Agency and a
10Construction Manager/General Contractor that includes a first
11phase addressing preconstruction services and a second phase
12addressing the construction of the transportation facility.
13    "Construction Manager/General Contractor project delivery
14method" means a method of procurement and contracting that
15makes a Construction Manager/General Contractor who enters
16into a contract with the Transportation Agency responsible for
17certain preconstruction services and then, if the parties
18reach agreement on key terms, responsible for construction of
19the transportation facility.
20    "Department" means the Illinois Department of
22    "Design-bid-build project delivery method" means the
23traditional method of procuring and contracting for design
24services and construction services used separately in this
25State that incorporates the Architectural, Engineering, and
26Land Surveying Qualifications Based Selection Act and the



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1principles of competitive bidding under the Illinois
2Procurement Code.
3    "Design-build contract" means a contract between the
4Transportation Agency and a design-builder under which the
5design-builder agrees to furnish architectural, surveying,
6engineering, construction, and related services for a
7transportation facility, and may include, but is not limited
8to, the progressive design-build project delivery method.
9    "Design-build project delivery method" means a method of
10procurement and contracting that provides responsibility
11within a single contract between the Transportation Agency and
12a design-builder for the furnishing of architectural,
13surveying, engineering, construction, and related services for
14a transportation facility.
15    "Design-builder" means a proposer that has entered into a
16design-build contract with the Transportation Agency under
17this Act.
18    "Evaluation Committee" means the committee assembled to
19evaluate and score statements of qualifications and proposals.
20    "Evaluation criteria" means the standards and requirements
21established by the Transportation Agency against which the
22qualifications and proposals of a proposer will be assessed
23during the procurement of a design-build contract or
24Construction Manager/General Contractor contract, as
26    "Executive Director" means the Executive Director of the



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1Illinois State Toll Highway Authority.
2    "Metropolitan planning organization" means a metropolitan
3planning organization under 23 U.S.C. 134 whose metropolitan
4planning area boundaries are partially or completely within
5this State.
6    "Preconstruction services" means all
7non-construction-related services that a Construction
8Manager/General Contractor is required to perform during the
9first phase of a Construction Manager/General Contractor
10contract, and may include, but is not limited to, giving
11advice to the Transportation Agency regarding scheduling, work
12sequencing, cost engineering, constructability, cost
13estimating, and risk identification.
14    "Progressive design-build project delivery method" is a
15type of design-build project delivery method that consists of
162 phases, with the first phase including budget-level design
17development, preconstruction services, and negotiation of a
18contract price (either lump sum or guaranteed maximum price).
19After completion of the first phase, the second phase is
20begun. The second phase consists of final design,
21construction, and commissioning of the project.
22    "Proposal" means a proposer's response to a request for
24    "Proposer" means any individual, sole proprietorship,
25firm, partnership, joint venture, corporation, professional
26corporation, or other entity legally established to conduct



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1business in this State that proposes to be the design-builder
2or Construction Manager/General Contractor for any
3transportation facility under this Act.
4    "Qualifications" means a statement of qualifications
5submitted by a proposer in response to a request for
7    "Request for proposals" means the document issued by the
8Transportation Agency to solicit proposals and describe the
9procurement process for a design-build contract or
10Construction Manager/General Contractor contract in accordance
11with the design-build project delivery method or the
12Construction Manager/General Contractor project delivery
13method, as applicable.
14    "Request for qualifications" means the document issued by
15the Transportation Agency in the first phase of a two-phase
16procurement to solicit qualifications from proposers in
17accordance with the design-build project delivery method or
18the Construction Manager/General Contractor project delivery
19method, as applicable.
20    "Scope and performance requirements" means the activities,
21constructed elements, and standards of performance the
22Transportation Agency requires the design-builder or the
23Construction Manager/General Contractor to comply with in the
24development of the transportation facility, and may include,
25but is not limited to, the intended usage, capacity, size,
26scope, quality and performance standards, life-cycle costs,



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1preliminary engineering, design, and other requirements as
2developed and determined by the Transportation Agency.
3    "Secretary" means the Secretary of the Illinois Department
4of Transportation.
5    "Transportation Agency" means the Illinois Department of
6Transportation or the Illinois State Toll Highway Authority.
7    "Transportation facility" means any new or existing
8facility or group of facilities that are the subject of a
9design-build contract or a Construction Manager/General
10Contractor contract, and includes highways, roads, bridges,
11tunnels, overpasses, bus ways, guideways, ferries, airports or
12other aviation facilities, public transportation facilities,
13vehicle parking facilities, port facilities, rail facilities,
14stations, hubs, terminals, intermodal facilities, transit
15facilities, or similar facilities used for the transportation
16of persons or goods, together with any buildings, structures,
17parking areas, appurtenances, intelligent transportation
18systems, and other property or facilities related to the
19operation or maintenance of these facilities.
20    Section 15. Authorization of project delivery methods.
21    (a) Notwithstanding any other law, and as authority
22supplemental to its existing powers, except as otherwise
23provided for in this Act, the Transportation Agency, in
24accordance with this Act, may use the design-build project
25delivery method for transportation facilities if the capital



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1costs for transportation facilities delivered utilizing the
2design-build project delivery method or Construction
3Manager/General Contractor project delivery method or
4Alternative Technical Concepts in a design-bid-build project
5delivery method do not: (i) for transportation facilities
6delivered by the Department, exceed $400 million of contracts
7awarded during the Department's multi-year highway improvement
8program for any 5-year period; or (ii) for transportation
9facilities delivered by the Authority, exceed 20% of the
10Authority's annual improvement program. The Transportation
11Agency shall make this calculation before commencing the
12procurement. Notwithstanding any other law, and as authority
13supplemental to its existing powers, the Department, in
14accordance with this Act, may use the Construction
15Manager/General Contractor project delivery method for up to 2
16transportation facilities per year. Before commencing a
17procurement under this Act for either a design-build contract
18or a Construction Manager/General Contractor contract, the
19Transportation Agency shall first undertake an analysis and
20make a written determination that it is in the best interests
21of this State to use the selected delivery method for that
22transportation facility. The analysis and determination shall
23discuss the design-build project delivery method or
24Construction Manager/General Contractor project delivery
25method's impact on the anticipated schedule, completion date,
26and project costs. The best interests of the State analysis



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1shall be made available to the public.
2    (b) The Transportation Agency shall report to the General
3Assembly annually for the first 5 years after the effective
4date of this Act on the progress of procurements and
5transportation facilities procured under this Act.
6    (c) A contract entered into pursuant to the provisions of
7this Act are excepted from the Public Contract Fraud Act.
8    Section 20. Preconditions to commencement of procurement.
9    If the Transportation Agency determines to use the
10design-build project delivery method or the Construction
11Manager/General Contractor project delivery method for a
12particular transportation facility, the Transportation Agency
13may not commence a procurement for the transportation facility
14until the Transportation Agency has satisfied the following
16    (1) the Transportation Agency does one of the following:
17        (A) the Transportation Agency includes the
18    transportation facility in the Transportation Agency's
19    respective multi-year highway improvement program and
20    designates it as a design-build project delivery method
21    project or Construction Manager/General Contractor
22    project;
23        (B) the Transportation Agency issues a notice of
24    intent to receive qualifications, that includes a
25    description of the proposed procurement and transportation



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1    facility, at least 28 days before the issuance of the
2    request for qualifications, and for a Department-issued
3    notice of intent publishes the notice in the Illinois
4    Transportation Procurement Bulletin and for an
5    Authority-issued notice of intent publishes the notice in
6    the Illinois Procurement Bulletin; or
7        (C) for a single-phase procurement authorized under
8    subsection (a) of Section 25 of this Act, the
9    Transportation Agency issues a notice of intent to receive
10    proposals, that includes a description of the proposed
11    procurement and transportation facility, at least 14 days
12    before the issuance of the request for proposals, and for
13    a Department-issued notice of intent publishes the notice
14    in the Illinois Transportation Procurement Bulletin and
15    for an Authority-issued notice of intent publishes the
16    notice in the Illinois Procurement Bulletin; and
17    (2) the Transportation Agency uses its best efforts to
18ensure that the transportation facility is consistent with the
19regional plan in existence at the time of any metropolitan
20planning organization in which the boundaries of the
21transportation facility is located, or any other
22publicly-approved plan.
23    Section 25. Procurement process.
24    (a) The Transportation Agency may solicit a proposer with
25which to enter into a design-build contract or Construction



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1Manager/General Contractor contract, as applicable, by using,
2without limitation, one or more requests for qualifications, a
3shortlisting of the most highly qualified proposers, requests
4for proposals, and negotiations. The Transportation Agency
5shall use a two-phase procurement for a design-build contract
6to select the successful proposer, except that the
7Transportation Agency may use a single-phase procurement if
8the transportation facility is estimated to cost less than
9$5,000,000 or the Secretary or the Executive Director makes a
10written determination that the Transportation Agency may use a
11single-phase procurement for a particular transportation
12facility. In a two-phase procurement, the Transportation
13Agency shall use the first phase to evaluate and shortlist the
14most highly qualified proposers based on a proposer's
15qualifications, and then use the second phase to evaluate and
16select a proposer based on proposals submitted by the
17shortlisted proposers. During the first phase of a two-phase
18procurement, the Transportation Agency shall not consider
19price proposals to make its shortlist decision. In a
20single-phase procurement, the Transportation Agency shall
21solicit proposers with a request for proposals, and shall
22evaluate and select a proposer based on those proposals.
23    (b) The request for qualifications may contain any terms
24deemed appropriate by the Transportation Agency including,
25without limitation, the following:
26        (1) a description of the anticipated scope of work for



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1    the transportation facility;
2        (2) a requirement that the proposer identify certain
3    key personnel, and for design-build contracts certain key
4    firms, the experience of the personnel and firms, and the
5    conditions on which identified personnel and firms can be
6    replaced;
7        (3) the evaluation criteria for the qualifications and
8    the relative importance of those criteria; these
9    evaluation criteria may address, without limitation, the
10    proposer's technical and financial qualifications, such as
11    specialized experience, technical competence, capability
12    to perform, financial capacity, the proposer's workload,
13    local office presence, past performance including the
14    proposer's safety record and record of utilization of
15    business enterprises, including disadvantaged business
16    enterprises, and any other qualifications-based factors;
17        (4) the Transportation Agency's prequalification,
18    licensing, and registration requirements, including any
19    requirements from the Professional Engineering Practice
20    Act of 1989, the Illinois Architecture Practice Act of
21    1989, the Structural Engineering Practice Act of 1989, and
22    the Illinois Professional Land Surveyor Act of 1989,
23    except that nothing contained herein precludes the
24    Transportation Agency's use of additional prequalification
25    criteria or pass-fail evaluation factors addressing
26    minimum levels of technical experience or financial



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1    capabilities;
2        (5) a requirement that the proposer provide references
3    or contact information for persons who can attest to the
4    past performance of the proposer, including with respect
5    to successful project delivery, subcontracting, labor
6    relations, diverse business utilization, workforce
7    diversity, and compliance with contract requirements;
8        (6) the maximum number of proposers the Transportation
9    Agency will shortlist to submit proposals; and
10        (7) 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
15shortlist of the most highly qualified proposers. The
16Transportation Agency shall shortlist no more than 5 and no
17fewer than 2 of the most highly qualified proposers.
18Notwithstanding other provisions of this subsection (c), the
19Transportation Agency may shortlist fewer than 2 proposers if
20the Secretary or the Executive Director makes a finding that
21an emergency situation justifies the limited shortlisting and
22fewer than 2 proposers meet any applicable prequalification or
23pass-fail requirements set forth in the request for
25    (d) The request for proposals may contain any terms deemed
26appropriate by the Transportation Agency including, without



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



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1    enterprises, and workforce development, including a
2    description of utilization and workforce diversity plans
3    and certifications to be provided in the proposals for
4    both design and construction phases;
5        (8) requirements regarding the proposer's
6    qualifications; and
7        (9) any other relevant information the Transportation
8    Agency deems appropriate.
9    (e) Before the proposers' submittal of proposals, the
10Transportation Agency may conduct confidential meetings and
11exchange confidential information with proposers to promote
12understanding of the request for proposals, review Alternative
13Technical Concepts, or discuss other issues related to the
15    (f) The date proposals are due must be at least 28 calendar
16days after the date the Transportation Agency first issues the
17request for proposals.
18    (g) The Transportation Agency may offer to pay a stipend
19in an amount and on the terms and conditions determined by the
20Transportation Agency and as set forth in the request for
21proposals to: (1) all shortlisted proposers if the
22Transportation Agency cancels the procurement after the
23proposals have been released, but before the due date for
24proposals; or (2) each unsuccessful proposer that submits a
25responsive proposal; or (3) each member of the proposer team
26that incurs costs in the preparation of the proposal. The



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1Transportation Agency may pay a stipend only to those
2proposers who grant to the Transportation Agency the right to
3use any work product contained in the unsuccessful proposer's
4proposal and other proposal-related submissions or, if the
5Transportation Agency cancels the procurement after the
6proposals have been released, but before the due date for
7proposals, any work product developed before cancellation,
8including technologies, techniques, methods, processes, and
9information contained in the recipient's design for the
10transportation facility.
11    (h) The Transportation Agency shall, as appropriate
12depending on whether the transportation facility includes
13building facilities, directly employ or retain a professional
14engineer or engineers licensed in this State or a licensed
15architect or architects, or both engineers licensed in this
16State and licensed architects, to prepare the scope and assist
17in the evaluation of the proposals' technical submissions
18under a design-build project delivery method. The professional
19engineers and licensed architects performing these services
20are precluded from participating in the procurement of the
21transportation facility at issue as a member of a proposer
23    (i) The Transportation Agency has the right to reject any
24and all qualifications or proposals, including, but not
25limited to, the right to reject any qualifications or
26proposals as non-responsive, if, in the Transportation



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1Agency's sole discretion, the qualifications or proposals do
2not meet all material requirements of the request for
3qualifications or request for proposals, as appropriate. The
4Transportation Agency shall not consider a proposal that does
5not include:
6        (1) the proposer's plan to comply with requirements
7    established by the Transportation Agency regarding
8    utilization of business enterprises, including
9    disadvantaged business enterprises; or
10        (2) bid security in the form and amount designated in
11    the request for proposals.
12    (j) The Transportation Agency shall consult with the
13appropriate chief procurement officer on the design-build
14project delivery method and the Construction Manager/General
15Contractor project delivery method procurement processes, and
16the Secretary or the Executive Director, in consultation with
17the chief procurement officer, shall determine which
18procedures to adopt and apply to the design-build project
19delivery method and Construction Manager/General Contractor
20project delivery method procurement processes in order to
21ensure an open, transparent, and efficient process that
22accomplishes the purposes of this Act.
23    (k) To ensure taxpayer accountability, for any project
24with an estimated cost over $30,000,000, the Transportation
25Agency shall independently procure an owner's representative
26or construction manager to supplement staff directly employed



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1by the Transportation Agency, provide design reviews,
2constructability reviews, construction acceptance, oversight
3of utility relocations, independent quality assurance surveys,
4independent material testing, documentation of construction,
5risk mitigation, and oversight of construction activities,
6including construction management, maintenance of traffic,
7permit compliance, and other services which may include: value
8engineering, stakeholder coordination, or public involvement
10    Section 30. Evaluation committee.
11    (a) The Transportation Agency shall establish one or more
12evaluation committees to assist in selecting a design-builder
13and a Construction Manager/General Contractor. The
14Transportation Agency, in its sole discretion, shall determine
15the appropriate size and composition of the evaluation
16committee; however, at least half of the committee must be
17licensed professional engineers.
18    (b) The Transportation Agency may establish an evaluation
19committee for a set term or for the procurement of a particular
20transportation facility.
21    (c) Once the Transportation Agency identifies the
22proposers for a transportation facility, each member of an
23evaluation committee must certify that no conflict of interest
24exists between the member and the proposers. If the
25Transportation Agency, after consultation with the chief



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1procurement officer, determines that an actual conflict
2exists, the member shall not participate on the evaluation
3committee for that procurement and the Transportation Agency
4shall appoint a replacement member on either a permanent or a
5temporary basis.
6    Section 35. Procedures for selection.
7    (a) The Transportation Agency shall review, evaluate,
8score, and rank proposals and determine which proposal offers
9the best value to the public based on the evaluation criteria
10set forth in the request for proposals. The Transportation
11Agency shall award the contract based on this determination.
12Notwithstanding other provisions of this Section, if for any
13reason the proposer awarded the contract is unable or
14unwilling to execute the contract, including the failure of
15the proposer and the Transportation Agency to successfully
16complete negotiations, if any, of the contract, the
17Transportation Agency may award the contract to the proposer
18whose proposal the Transportation Agency determines offers the
19public the next best value.
20    (b) After a response to a request for qualifications or a
21request for proposals has been submitted as provided in
22Section 25, a design-builder shall not replace, remove, or
23otherwise modify any firm identified as a member of the
24proposer team unless authorized to do so by the Transportation



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1    Section 40. Project records; confidentiality; public
3    (a) The Transportation Agency shall maintain all written
4decisions, qualification and proposal evaluations, scoring
5documents, selection evaluations, proposals, and procurement
6documents in a procurement file maintained by the
7Transportation Agency.
8    (b) A proposer may identify those portions of a proposal
9or other submission that the proposer considers to be trade
10secrets or confidential, commercial, financial, or proprietary
11information. Confidential and proprietary information,
12including trade secrets, shall be exempt from disclosure only
13if the proposer does the following:
14        (1) requests exclusion from disclosure upon submission
15    of the information or other materials for which protection
16    is sought;
17        (2) identifies the data or other materials for which
18    protection is sought;
19        (3) states the statutory or regulatory basis for the
20    protection;
21        (4) fully complies with the federal Freedom of
22    Information Act and any other applicable provisions of
23    State law, including, but not limited to, the Freedom of
24    Information Act, with respect to information the proposer
25    contends should be exempt from disclosure; and



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1        (5) certifies if the information is in accordance with
2    the protection of the Illinois Trade Secrets Act.
3    (c) Notwithstanding any other provision of law, in order
4to properly balance the need to maximize competition under
5this Act with the need to create a transparent procurement
6process, the qualifications, proposals, and other information
7and documents submitted by proposers and the Transportation
8Agency's evaluation records shall not be subject to release or
9disclosure by the Transportation Agency until execution of the
10design-build contract or Construction Manager/General
11Contractor contract, as applicable. If the Transportation
12Agency terminates the procurement for a transportation
13facility, the exemption from release or disclosure under this
14Section shall remain in place until the Transportation Agency
15re-procures the transportation facility and has entered into a
16design-build contract or Construction Manager/General
17Contractor contract, as applicable. However, this exemption
18shall lapse if the Transportation Agency does not commence the
19re-procurement of the transportation facility within 5 years
20of the termination.
21    Section 45. Design-build contract. A design-build contract
22may include any provisions the Transportation Agency
23determines are necessary or appropriate, including, but not
24limited to, provisions regarding the following:
25        (1) compensation or payments to the design-builder;



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1        (2) grounds for termination of the design-build
2    contract, including the Transportation Agency's right to
3    terminate for convenience;
4        (3) liability for damages and nonperformance;
5        (4) events of default and the rights and remedies
6    available to the design-builder and the Transportation
7    Agency in the event of a default or delay;
8        (5) the identification of any technical specifications
9    that the design-builder must comply with when developing
10    plans or performing construction work;
11        (6) the procedures for review and approval of the
12    design-builder's plans;
13        (7) required performance and payment security;
14        (8) the terms and conditions of indemnification and
15    minimum insurance requirements; and
16        (9) any other terms and conditions the Transportation
17    Agency deems necessary.
18    Section 50. Construction Manager/General Contractor
20    (a) The Construction Manager/General Contractor contract
21shall divide the Construction Manager/General Contractor
22services into 2 phases. The first phase shall address
23preconstruction services and the procedures the parties shall
24follow to finalize the contract terms for the second phase.
25The second phase shall address the Construction



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



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



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1    construction phase of the contract;
2        (5) the terms and conditions of indemnification and
3    minimum insurance requirements; and
4        (6) any other terms and conditions the Transportation
5    Agency deems necessary.
6    (d) If the Construction Manager/General Contractor
7contract is terminated for any reason, the Transportation
8Agency, in its sole discretion, may readvertise the
9Construction Manager/General Contractor contract under this
10Act or use any other authorized procurement method to complete
11the transportation facility or any portion of the
12transportation facility. Once the contract is terminated, the
13Transportation Agency may use any work product developed by
14the Construction Manager/General Contractor to complete the
15transportation facility.
16    Section 55. Funding and financing.
17    (a) The Transportation Agency may use any lawful source of
18funding and financing to compensate a design-builder and
19Construction Manager/General Contractor for work and services
20performed under a design-build contract or Construction
21Manager/General Contractor contract, as applicable, and the
22Transportation Agency may combine federal, State, local, and
23private funds to finance a transportation facility. Any
24Transportation Agency that administers a construction program
25for which federal law or regulations establish standards and



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1procedures for the utilization of minority-owned and
2women-owned businesses and disadvantaged businesses shall
3implement a disadvantaged business enterprise program to
4include minority-owned and women-owned businesses and
5disadvantaged businesses, using the federal standards and
6procedures for the establishment of goals and utilization
7procedures for the State-funded, as well as the federally
8assisted, portions of the program. In cases of federal funding
9or federally assisted projects, these goals shall not exceed
10those established pursuant to the relevant and applicable
11federal statutes or regulations.
12    (b) Subject to appropriation by the General Assembly of
13the required amounts, the Transportation Agency may obligate
14and make expenditures of funds as and when needed to satisfy
15its payment obligations under a design-build contract or
16Construction Manager/General Contractor contract.
17    Section 56. Utilization requirements.
18    (a) Design-builder and Construction Manager/General
19Contractor projects shall comply with Section 2-105 of the
20Illinois Human Rights Act and all applicable laws and rules
21that establish standards and procedures for the utilization of
22minority, disadvantaged, and women-owned businesses,
23including, but not limited to, the Business Enterprise for
24Minorities, Women, and Persons with Disabilities Act. Any
25Transportation Agency that administers a construction program,



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1for which federal law or regulations establish standards and
2procedures for the utilization of minority-owned and
3women-owned businesses and disadvantaged businesses shall
4implement a disadvantaged business enterprise program to
5include minority-owned and women-owned businesses and
6disadvantaged businesses, using the federal standards and
7procedures for the establishment of goals and utilization
8procedures for the State-funded, as well as the federally
9assisted, portions of the program. In cases of federal funding
10or federally assisted projects, these goals shall not exceed
11those established pursuant to the relevant and applicable
12federal statutes or regulations. Each design-build contract
13and Construction Manager/General Contractor contract shall
14include remedies for a contractor's failure to comply with
15commitments made in the proposal or utilization plan,
16including, without limitation, failure to cooperate in
17providing information regarding compliance or termination of
18any subcontractor identified in the utilization plan without
19the consent of the Transportation Agency. Such remedies may
20include termination of the contract, imposition of a penalty
21in an amount equivalent to any profit or cost savings accruing
22to the contractor as a result of the violation, withholding of
23payments, liquidated damages, disqualification from future
24bidding as non-responsible, or any other remedy available to
25the Transportation Agency at law or in equity.
26    (b) For the purposes of this Section, aspirational goals



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1compliant with the Business Enterprise for Minorities, Women,
2and Persons with Disabilities Act and Disadvantaged Business
3Enterprise Program shall be established separately for
4construction-related professional services and shall be
5consistent with the Transportation Agency's methodology for
6design-bid-build contracts. As used in this Section,
7"construction-related professional services" means those
8services within the scope of the practice of architecture,
9professional engineering, structural engineering, or land
10surveying, as defined in the Illinois Architecture Practice
11Act of 1989, the Professional Engineering Practice Act of
121989, the Illinois Professional Land Surveyor Act of 1989, or
13the Illinois Structural Engineering Practice Act of 1989.
14    Section 57. Labor.
15    (a) A contract or agreement under this Act shall require
16the design-builder or Construction Manager/General Contractor,
17and all subcontractors, to comply with Section 30-22 of the
18Illinois Procurement Code as it applies to responsible bidders
19and to present satisfactory evidence of that compliance to the
20Transportation Agency, unless the transportation project is
21federally funded and the application of those requirements
22would jeopardize the receipt or use of federal funds in
23support of the transportation project.
24    (b) A contract or agreement under this Act shall require
25the design-builder or Construction Manager/General Contractor



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1to enter into a project labor agreement used by the
2Transportation Agency.
3    (c) This Section does not apply to construction-related
4professional services. As used in this Section,
5"construction-related professional services" means those
6services within the scope of the practice of architecture,
7professional engineering, structural engineering, or land
8surveying, as defined in the Illinois Architecture Practice
9Act of 1989, the Professional Engineering Practice Act of
101989, the Illinois Professional Land Surveyor Act of 1989, or
11the Illinois Structural Engineering Practice Act of 1989.
12    Section 58. Disadvantaged business enterprise liaison. The
13Office of Business and Workforce Diversity established under
14Section 2705-593 of the Department of Transportation Law of
15the Civil Administrative Code of Illinois shall retain a staff
16member or consultant to act as a liaison of for outreach,
17monitoring, and compliance with the Department's Disadvantaged
18Business Enterprise Program consistent with all applicable
19federal rules governing the disadvantaged business enterprise
20process. The Department shall also determine attainable goals
21for projects using the new project delivery procurement
22methods, in accordance with federal regulations. The
23Department shall publish a quarterly report regarding projects
24sourced through new procurements methods that includes
25utilization goals and utilization achieved.



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1    Section 60. Acquisition of property and related
2agreements. The Transportation Agency may exercise any and all
3powers of condemnation or eminent domain, including quick-take
4powers, to acquire lands or estates or interests in land for a
5transportation facility under this Act to the extent the
6Transportation Agency finds that the action serves the public
7purpose of this Act and deems the action appropriate in the
8exercise of its powers under this Act. In addition, the
9Transportation Agency and a design-builder or Construction
10Manager/General Contractor may enter into leases, licenses,
11easements, and other grants of property interests that the
12Transportation Agency determines are necessary to deliver a
13transportation facility under this Act.
14    Section 65. Federal requirements. In the procurement of
15design-build contracts and Construction Manager/General
16Contractor contracts, the Transportation Agency shall, to the
17extent applicable, comply with federal law and regulations and
18take all necessary steps to adapt its rules, policies, and
19procedures to remain eligible for federal aid.
20    Section 70. Powers. The powers granted to the
21Transportation Agency under this Act, including the power to
22procure and enter into design-build contracts and Construction
23Manager/General Contractor contracts, shall be liberally



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1construed to accomplish its purpose, are in addition to any
2existing powers of the Transportation Agency, and shall not
3affect or impair any other powers authorized under applicable
4law, except as otherwise provided for in this Act.
5    Section 75. Rulemaking.
6    (a) The Illinois Administrative Procedure Act applies to
7all administrative rules and procedures of the Transportation
8Agency under this Act, except that nothing in this Act shall be
9construed to render any prequalification or other
10responsibility criteria as a "license" or "licensing" under
11that Act.
12    (b) The appropriate chief procurement officer, in
13consultation with the Transportation Agency, may adopt rules
14to carry out the provisions of this Act.
15    Section 80. Repeal. This Act is repealed on July 1, 2032.
16    Section 905. The Department of Transportation Law of the
17Civil Administrative Code of Illinois is amended by adding
18Section 2705-233 as follows:
19    (20 ILCS 2705/2705-233 new)
20    Sec. 2705-233. Innovations for Transportation
21Infrastructure Act. The Department may exercise all powers
22granted to it under the Innovations for Transportation



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1Infrastructure Act, including, but not limited to, the power
2to enter into all contracts or agreements necessary or
3incidental to the performance of its powers under that Act,
4and powers related to any transportation facility implemented
5under that Act.
6    Section 910. The Illinois Finance Authority Act is amended
7by adding Section 825-108 as follows:
8    (20 ILCS 3501/825-108 new)
9    Sec. 825-108. Transportation project financing. For the
10purpose of financing a transportation facility undertaken
11under the Innovations for Transportation Infrastructure Act,
12the Authority may apply for an allocation of tax-exempt bond
13financing authorization provided by subsection (m) of Section
14142 of the United States Internal Revenue Code, as well as
15financing available under any other federal law or program.
16    Section 915. The Illinois Procurement Code is amended by
17adding Section 1-10.5 as follows:
18    (30 ILCS 500/1-10.5 new)
19    Sec. 1-10.5. Alternative Technical Concepts.
20    (a) For the purposes of this Section, "Alternative
21Technical Concepts" and "design-bid-build project delivery
22method" have the meanings ascribed to those terms in the



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1Innovations for Transportation Infrastructure Act.
2    (b) Notwithstanding subsection (b) of Section 1-10 of this
3Code, the Department of Transportation may allow bidders and
4proposers to submit Alternative Technical Concepts in their
5bids and proposals, if the Department determines that the
6Alternative Technical Concepts provide an equal or better
7solution than the underlying technical requirements applicable
8to the work. Notwithstanding the foregoing, for projects the
9Department delivers using the design-bid-build project
10delivery method, the Department shall use the Alternative
11Technical Concepts process for no more than 3 projects per
12year. If the Department allows bidders or proposers for a
13particular contract to submit Alternative Technical Concepts,
14the Department shall describe the process for submission and
15evaluation of Alternative Technical Concepts in the
16procurement documents for that contract, including the
17potential use of confidential meetings and the exchange of
18confidential information with bidders and proposers to review
19and discuss potential or proposed Alternative Technical
21    Section 920. The Public Construction Bond Act is amended
22by adding Section 1.9 as follows:
23    (30 ILCS 550/1.9 new)
24    Sec. 1.9. Design-build contracts and Construction



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



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1    Section 935. The Toll Highway Act is amended by adding
2Section 11.2 as follows:
3    (605 ILCS 10/11.2 new)
4    Sec. 11.2. Innovations for Transportation Infrastructure
5Act. The Authority may exercise all powers granted to it under
6the Innovations for Transportation Infrastructure Act,
7including, but not limited to, the power to enter into all
8contracts or agreements necessary to perform its powers under
9that Act, and any powers related to a transportation facility
10implemented under that Act.
11    Section 940. The Eminent Domain Act is amended by adding
12Section 15-5-48 as follows:
13    (735 ILCS 30/15-5-48 new)
14    Sec. 15-5-48. Eminent domain powers in new Acts. The
15following provisions of law may include express grants of the
16power to acquire property by condemnation or eminent domain:
17    The Innovations for Transportation Infrastructure Act; for
18the purposes of constructing a transportation facility under
19the Act.
20    Section 945. The Prevailing Wage Act is amended by
21changing Section 2 as follows:



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1    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
2    Sec. 2. This Act applies to the wages of laborers,
3mechanics and other workers employed in any public works, as
4hereinafter defined, by any public body and to anyone under
5contracts for public works. This includes any maintenance,
6repair, assembly, or disassembly work performed on equipment
7whether owned, leased, or rented.
8    As used in this Act, unless the context indicates
10    "Public works" means all fixed works constructed or
11demolished by any public body, or paid for wholly or in part
12out of public funds. "Public works" as defined herein includes
13all projects financed in whole or in part with bonds, grants,
14loans, or other funds made available by or through the State or
15any of its political subdivisions, including but not limited
16to: bonds issued under the Industrial Project Revenue Bond Act
17(Article 11, Division 74 of the Illinois Municipal Code), the
18Industrial Building Revenue Bond Act, the Illinois Finance
19Authority Act, the Illinois Sports Facilities Authority Act,
20or the Build Illinois Bond Act; loans or other funds made
21available pursuant to the Build Illinois Act; loans or other
22funds made available pursuant to the Riverfront Development
23Fund under Section 10-15 of the River Edge Redevelopment Zone
24Act; or funds from the Fund for Illinois' Future under Section
256z-47 of the State Finance Act, funds for school construction
26under Section 5 of the General Obligation Bond Act, funds



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1authorized under Section 3 of the School Construction Bond
2Act, funds for school infrastructure under Section 6z-45 of
3the State Finance Act, and funds for transportation purposes
4under Section 4 of the General Obligation Bond Act. "Public
5works" also includes (i) all projects financed in whole or in
6part with funds from the Environmental Protection Agency under
7the Illinois Renewable Fuels Development Program Act for which
8there is no project labor agreement; (ii) all work performed
9pursuant to a public private agreement under the Public
10Private Agreements for the Illiana Expressway Act or the
11Public-Private Agreements for the South Suburban Airport Act;
12and (iii) all projects undertaken under a public-private
13agreement under the Public-Private Partnerships for
14Transportation Act; and (iv) all transportation facilities
15undertaken under a design-build contract or a Construction
16Manager/General Contractor contract under the Innovations for
17Transportation Infrastructure Act. "Public works" also
18includes all projects at leased facility property used for
19airport purposes under Section 35 of the Local Government
20Facility Lease Act. "Public works" also includes the
21construction of a new wind power facility by a business
22designated as a High Impact Business under Section
235.5(a)(3)(E) and the construction of a new utility-scale solar
24power facility by a business designated as a High Impact
25Business under Section 5.5(a)(3)(E-5) of the Illinois
26Enterprise Zone Act. "Public works" also includes electric



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1vehicle charging station projects financed pursuant to the
2Electric Vehicle Act and renewable energy projects required to
3pay the prevailing wage pursuant to the Illinois Power Agency
4Act. "Public works" does not include work done directly by any
5public utility company, whether or not done under public
6supervision or direction, or paid for wholly or in part out of
7public funds. "Public works" also includes construction
8projects performed by a third party contracted by any public
9utility, as described in subsection (a) of Section 2.1, in
10public rights-of-way, as defined in Section 21-201 of the
11Public Utilities Act, whether or not done under public
12supervision or direction, or paid for wholly or in part out of
13public funds. "Public works" also includes construction
14projects that exceed 15 aggregate miles of new fiber optic
15cable, performed by a third party contracted by any public
16utility, as described in subsection (b) of Section 2.1, in
17public rights-of-way, as defined in Section 21-201 of the
18Public Utilities Act, whether or not done under public
19supervision or direction, or paid for wholly or in part out of
20public funds. "Public works" also includes any corrective
21action performed pursuant to Title XVI of the Environmental
22Protection Act for which payment from the Underground Storage
23Tank Fund is requested. "Public works" does not include
24projects undertaken by the owner at an owner-occupied
25single-family residence or at an owner-occupied unit of a
26multi-family residence. "Public works" does not include work



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1performed for soil and water conservation purposes on
2agricultural lands, whether or not done under public
3supervision or paid for wholly or in part out of public funds,
4done directly by an owner or person who has legal control of
5those lands.
6    "Construction" means all work on public works involving
7laborers, workers or mechanics. This includes any maintenance,
8repair, assembly, or disassembly work performed on equipment
9whether owned, leased, or rented.
10    "Locality" means the county where the physical work upon
11public works is performed, except (1) that if there is not
12available in the county a sufficient number of competent
13skilled laborers, workers and mechanics to construct the
14public works efficiently and properly, "locality" includes any
15other county nearest the one in which the work or construction
16is to be performed and from which such persons may be obtained
17in sufficient numbers to perform the work and (2) that, with
18respect to contracts for highway work with the Department of
19Transportation of this State, "locality" may at the discretion
20of the Secretary of the Department of Transportation be
21construed to include two or more adjacent counties from which
22workers may be accessible for work on such construction.
23    "Public body" means the State or any officer, board or
24commission of the State or any political subdivision or
25department thereof, or any institution supported in whole or
26in part by public funds, and includes every county, city,



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1town, village, township, school district, irrigation, utility,
2reclamation improvement or other district and every other
3political subdivision, district or municipality of the state
4whether such political subdivision, municipality or district
5operates under a special charter or not.
6    "Labor organization" means an organization that is the
7exclusive representative of an employer's employees recognized
8or certified pursuant to the National Labor Relations Act.
9    The terms "general prevailing rate of hourly wages",
10"general prevailing rate of wages" or "prevailing rate of
11wages" when used in this Act mean the hourly cash wages plus
12annualized fringe benefits for training and apprenticeship
13programs approved by the U.S. Department of Labor, Bureau of
14Apprenticeship and Training, health and welfare, insurance,
15vacations and pensions paid generally, in the locality in
16which the work is being performed, to employees engaged in
17work of a similar character on public works.
18(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
19102-673, eff. 11-30-21; revised 12-9-21.)
20    Section 997. Severability. The provisions of this Act are
21severable under Section 1.31 of the Statute on Statutes.
22    Section 999. Effective date. This Act takes effect upon
23becoming law.".