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| | HB3177 Engrossed | | LRB104 10935 LNS 21017 b |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Innovations for Transportation |
| 5 | | Infrastructure Act is amended by changing Section 15 as |
| 6 | | follows:
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| 7 | | (630 ILCS 10/15) |
| 8 | | (Section scheduled to be repealed on July 1, 2032) |
| 9 | | Sec. 15. Authorization of project delivery methods. |
| 10 | | (a) Notwithstanding any other law, and as authority |
| 11 | | supplemental to its existing powers, except as otherwise |
| 12 | | provided for in this Act, the Transportation Agency, in |
| 13 | | accordance with this Act, may use the design-build project |
| 14 | | delivery method for transportation facilities if the capital |
| 15 | | costs for transportation facilities delivered utilizing the |
| 16 | | design-build project delivery method or Construction |
| 17 | | Manager/General Contractor project delivery method or |
| 18 | | Alternative Technical Concepts in a design-bid-build project |
| 19 | | delivery method do not: (i) for transportation facilities |
| 20 | | delivered by the Department, exceed $500,000,000 $400 million |
| 21 | | of contracts awarded on an annual basis during the |
| 22 | | Department's multi-year highway improvement program for any |
| 23 | | 5-year period; or (ii) for transportation facilities delivered |
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| 1 | | by the Authority, exceed 20% of the Authority's annual |
| 2 | | improvement program. The Transportation Agency shall make this |
| 3 | | calculation before commencing the procurement. The Department |
| 4 | | may, by rule, adjust the applicable monetary threshold set |
| 5 | | forth in item (i) on a yearly basis to reflect inflationary |
| 6 | | costs in highway construction as measured by the United States |
| 7 | | Department of Transportation in the National Highway |
| 8 | | Construction Cost Index or other similar index. A notice of |
| 9 | | any change to that threshold shall be published in the |
| 10 | | Illinois Transportation Bulletin. Notwithstanding any other |
| 11 | | law, and as authority supplemental to its existing powers, the |
| 12 | | Department, in accordance with this Act, may use the |
| 13 | | Construction Manager/General Contractor project delivery |
| 14 | | method for up to 2 transportation facilities per year. Before |
| 15 | | commencing a procurement under this Act for either a |
| 16 | | design-build contract or a Construction Manager/General |
| 17 | | Contractor contract, the Transportation Agency shall first |
| 18 | | undertake an analysis and make a written determination that it |
| 19 | | is in the best interests of this State to use the selected |
| 20 | | delivery method for that transportation facility. The analysis |
| 21 | | and determination shall discuss the design-build project |
| 22 | | delivery method or Construction Manager/General Contractor |
| 23 | | project delivery method's impact on the anticipated schedule, |
| 24 | | completion date, and project costs. The best interests of the |
| 25 | | State analysis shall be made available to the public. |
| 26 | | (b) The Transportation Agency shall report to the General |
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| 1 | | Assembly annually for the first 5 years after June 15, 2022 |
| 2 | | (the effective date of this Act) on the progress of |
| 3 | | procurements and transportation facilities procured under this |
| 4 | | Act. |
| 5 | | (c) A contract entered into pursuant to the provisions of |
| 6 | | this Act is excepted from the Public Contract Fraud Act. |
| 7 | | (Source: P.A. 102-1094, eff. 6-15-22; 103-154, eff. 6-30-23.)
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| 8 | | Section 99. Effective date. This Act takes effect upon |
| 9 | | becoming law. |