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1 | | risks with the private sector that are generally retained by |
2 | | the public in the conventional design-bid-build project |
3 | | delivery method. |
4 | | (c) It is the intent of the General Assembly that the |
5 | | Illinois Department of Transportation and the Illinois State |
6 | | Toll Highway Authority be allowed to carry out a demonstration |
7 | | program related to the design-build project delivery method. |
8 | | (d) It is the intent of this Act to use Illinois design |
9 | | professionals, construction companies, and workers to the |
10 | | greatest extent possible. |
11 | | (e) The powers granted in this Act are in addition to any |
12 | | other powers authorized under applicable law. |
13 | | Section 1-10. Definitions. As used in this Act: |
14 | | "Authority" means the Illinois State Toll Highway |
15 | | Authority. |
16 | | "Best value" means any selection process in which proposals |
17 | | contain both price and qualitative components and award is |
18 | | based upon a combination of price and quantitative |
19 | | considerations. |
20 | | "Department" means the Illinois Department of |
21 | | Transportation. |
22 | | "Design-bid-build project delivery method" means the |
23 | | traditional method of procuring and contracting for design and |
24 | | construction services used in this State, which incorporates |
25 | | the Architectural, Engineering, and Land Surveying |
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1 | | Qualifications Based Selection Act and the principles of |
2 | | competitive bidding set forth in the Illinois Procurement Code. |
3 | | "Design-build project delivery method" means a method of |
4 | | procurement and contracting that provides responsibility |
5 | | within a single contract between the Transportation Agency and |
6 | | a design-builder for the furnishing of architectural, |
7 | | surveying, engineering, construction, and related services for |
8 | | a transportation facility, and may also include responsibility |
9 | | for financing all or a portion of that facility, procured on |
10 | | the basis of a combination of qualifications, price and other |
11 | | factors. |
12 | | "Design-build contract" means a contract between the |
13 | | Transportation Agency and a design-builder under which the |
14 | | design-builder agrees to furnish architectural, surveying, |
15 | | engineering, construction, and related services for a |
16 | | transportation facility, and may also include the |
17 | | design-builder having responsibility for financing a portion |
18 | | or all of this facility. |
19 | | "Design-builder" means a proposer that has entered into a |
20 | | design-build contract under this Act. |
21 | | "Evaluation Committee" means the committee assembled to |
22 | | evaluate and score statements of qualifications, draft, and |
23 | | final proposals. The Evaluation Committee shall include a |
24 | | technical review team for the technical proposals. |
25 | | "Evaluation criteria" means the publicly announced |
26 | | standards and requirements established by the Transportation |
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1 | | Agency against which the qualifications and proposals of a |
2 | | proposer will be assessed during the procurement of a |
3 | | design-build contract. |
4 | | "Metropolitan Planning Organization" means a metropolitan |
5 | | planning organization designated under 23 U.S.C. Section 134 |
6 | | whose metropolitan planning area boundaries are partially or |
7 | | completely within the State. |
8 | | "Proposal" means a response to a request for proposals. |
9 | | "Proposer" means any individual, sole proprietorship, |
10 | | firm, partnership, joint venture, corporation, professional |
11 | | corporation, or other entity legally established to conduct |
12 | | business in the State of Illinois that proposes to be the |
13 | | design-builder for any transportation facility under this Act. |
14 | | A proposer and its members shall conduct themselves in |
15 | | accordance with the laws of this State and the related |
16 | | provisions of the Illinois Administrative Code, as referenced |
17 | | by the licensed design professionals Acts of this State. |
18 | | "Qualifications" means a statement of qualifications |
19 | | submitted by a proposer in response to a request for |
20 | | qualifications. |
21 | | "Request for proposals" means the document issued by the |
22 | | Transportation Agency to solicit proposals, that describes the |
23 | | procurement process, forms the basis for the final proposals |
24 | | and may potentially become an element in the design-build |
25 | | contract in accordance with the design-build project delivery |
26 | | method. |
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1 | | "Request for qualifications" means the document issued by |
2 | | the Transportation Agency in the first phase of a two-phase |
3 | | procurement to solicit qualifications from proposers in |
4 | | accordance with the design-build project delivery method. |
5 | | "Scope and performance requirements" means the preferred |
6 | | constructed elements, activities, and standards of performance |
7 | | required by the Transportation Agency to be complied with in |
8 | | the development of the transportation facility, which may |
9 | | include but not be limited to, the intended usage, capacity, |
10 | | size, scope, quality and performance standards, life-cycle |
11 | | costs, preliminary engineering, design and other requirements |
12 | | as developed and determined by the Transportation Agency. |
13 | | "Transportation Agency" means the Illinois Department of |
14 | | Transportation or the Illinois State Toll Highway Authority. |
15 | | "Transportation facility" means any new or existing |
16 | | facility or group of facilities which may include highways, |
17 | | roads, bridges, tunnels, overpasses, ferries, airports or |
18 | | other aviation facilities, public transportation facilities, |
19 | | vehicle parking facilities, seaport facilities, rail |
20 | | facilities, intermodal facilities, transit facilities or |
21 | | similar facilities used for the transportation of persons or |
22 | | goods. |
23 | | Section 1-15. Authorization of Project Delivery Methods. |
24 | | (a) Notwithstanding any other law, and as authority |
25 | | supplemental to its existing powers, a Transportation Agency, |
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1 | | in accordance with this Act, is authorized to use the |
2 | | design-build project delivery method for up to 5 transportation |
3 | | facilities per Transportation Agency; provided that, prior to |
4 | | commencing a procurement under this Act, the Transportation |
5 | | Agency has first undertaken an analysis and made a written |
6 | | determination that it is in the best interests of this State to |
7 | | utilize the selected delivery method for that transportation |
8 | | facility. The proposed analysis and determination shall |
9 | | discuss impacts to the schedule and completion date and project |
10 | | costs. The best interests of the State analysis shall be made |
11 | | available to the public. |
12 | | (b) The Transportation Agency shall report to the General |
13 | | Assembly annually on the progress of procurements and |
14 | | transportation facilities procured under this Act. The |
15 | | Transportation Agency's obligation to submit a progress report |
16 | | for a particular transportation facility shall, as applicable, |
17 | | end two years after (i) the Transportation Agency's termination |
18 | | of the procurement, (ii) early termination of the design-build |
19 | | contract, or (iii) completion of the transportation facility. |
20 | | Section 1-20. Preconditions to commencement of |
21 | | procurement. |
22 | | (a) If the Transportation Agency determines to use the |
23 | | design-build project delivery method for a particular |
24 | | transportation facility, the Transportation Agency may not |
25 | | commence a procurement for the transportation facility unless |
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1 | | one of the following requirements is satisfied: (1) the |
2 | | transportation facility is included in the State's Multi-Year |
3 | | Highway Improvement Program; (2) the Transportation Agency has |
4 | | issued a notice of intent to receive qualifications at least 14 |
5 | | days prior to the issuance of the request for qualifications; |
6 | | or (3) for a single phase procurement authorized pursuant to |
7 | | subsection (a) of Section 1-25, the Transportation Agency has |
8 | | issued a notice of intent to receive proposals at least 14 days |
9 | | prior to the issuance of the request for proposals. If the |
10 | | Transportation Agency issues one of the notices of intent |
11 | | described above, the Transportation Agency shall publish the |
12 | | notice of intent in the Transportation Procurement Bulletin or |
13 | | their official procurement bulletin. The Transportation Agency |
14 | | shall include a description of the proposed procurement in any |
15 | | notice of intent. |
16 | | (b) The Transportation Agency must determine that any |
17 | | transportation facility developed pursuant to this Act must be |
18 | | consistent with the regional plan then in existence of any |
19 | | metropolitan planning organization in whose boundaries the |
20 | | transportation facility is located. |
21 | | Section 1-25. Procurement process. |
22 | | (a) The Transportation Agency may solicit a proposer with |
23 | | which to enter into a design-build contract by using, without |
24 | | limitation, requests for qualifications, short-listing of the |
25 | | most highly qualified proposers, requests for proposals, |
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1 | | negotiations, and best and final offers. The Transportation |
2 | | Agency shall use a two-phase procurement to select the |
3 | | successful proposer; provided that the Transportation Agency |
4 | | may use a single phase procurement if the transportation |
5 | | facility is estimated to cost less than $10,000,000 or the |
6 | | Secretary of Transportation or Executive Director of the |
7 | | Illinois State Highway Toll Authority makes a written |
8 | | determination that the Transportation Agency may use a single |
9 | | phase procurement for a particular transportation facility. In |
10 | | a two-phase procurement, the Transportation Agency shall use |
11 | | the first phase to evaluate and short-list the most highly |
12 | | qualified proposers based on qualifications, and then use the |
13 | | second phase to evaluate and select a proposer based on |
14 | | proposals submitted by the short-listed proposers. In a single |
15 | | phase procurement, the Transportation Agency shall solicit |
16 | | proposers with a request for proposals, and shall evaluate and |
17 | | select a proposer based on proposals. |
18 | | (b) The request for qualifications may contain any |
19 | | information deemed appropriate by the Transportation Agency |
20 | | including, without limitation, the following information: |
21 | | (1) the anticipated scope of work for the |
22 | | transportation facility; |
23 | | (2) a requirement that the proposer identify certain |
24 | | key personnel and certain key firms including the lead |
25 | | design firm and the lead construction firm, the experience |
26 | | of such personnel and firms, and the condition on which |
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1 | | identified firms can be replaced; |
2 | | (3) the evaluation criteria for the qualifications and |
3 | | the relative importance of those criteria; the evaluation |
4 | | criteria for qualifications for both the lead design and |
5 | | construction firms shall, at a minimum, (i) require that |
6 | | the proposer address its ability to meet, past performance |
7 | | in meeting, or in exhausting good faith efforts to meet, |
8 | | the utilization goals, or plans to comply with the |
9 | | utilization goals, for business enterprises established in |
10 | | the Business Enterprise for Minorities, Females, and |
11 | | Persons with Disability Act or federal law or regulations |
12 | | that establish standards and procedures for the |
13 | | utilization of minority, disadvantaged, and female-owned |
14 | | businesses, and (ii) require the proposer to identify its |
15 | | ability to comply with, plan, and past performance in |
16 | | complying with, Section 2-105 of the Illinois Human Rights |
17 | | Act. |
18 | | The evaluation criteria for qualifications may also |
19 | | address, without limitation, the proposer's technical |
20 | | qualifications, such as specialized experience, technical |
21 | | competence, capability to perform, and past performance, |
22 | | including the proposer's safety record, capacity of |
23 | | proposer, and any other qualifications based factors; |
24 | | (4) the Transportation Agency's established |
25 | | prequalification, licensing and registration requirements, |
26 | | including the Professional Engineering Practice Act of |
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1 | | 1989, the Illinois Architectural Practice Act of 1989, the |
2 | | Structural Engineering Practice Act of 1989, and the |
3 | | Illinois Professional Land Surveyor Act of 1989, provided |
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 short-list to submit proposals; and |
10 | | (6) any other relevant information. |
11 | | (c) Upon completion of the qualifications evaluation, the |
12 | | Transportation Agency shall, based on the evaluation criteria |
13 | | set forth in the request for qualifications, create a |
14 | | short-list of the most highly qualified proposers. The |
15 | | Transportation Agency shall short-list no fewer than 2 of the |
16 | | most highly qualified proposers unless (i) fewer than 2 |
17 | | proposers submit qualifications, (ii) fewer than 2 proposers |
18 | | meet the applicable prequalification and pass/fail |
19 | | requirements, or (iii) the Secretary of Transportation makes a |
20 | | finding that the Transportation Agency may short-list fewer |
21 | | than 2 proposers. |
22 | | (d) The request for proposals shall contain all critical |
23 | | information deemed appropriate by the Transportation Agency, |
24 | | and may include, without limitation, the following |
25 | | information: |
26 | | (1) the schedule or date for completion of the |
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1 | | transportation facility; |
2 | | (2) the form and amount of required bid security; |
3 | | (3) the terms of the design-build contract including, |
4 | | but not limited to, scope and performance requirements, |
5 | | schedule or completion date requirements, subcontractor |
6 | | requirements, payment and performance security |
7 | | requirements, and insurance requirements. |
8 | | (4) a provision for the proposer's plans to meet the |
9 | | utilization requirements for business enterprises |
10 | | established in the Business Enterprise for Minorities, |
11 | | Females, and Persons with Disability Act, or federal law or |
12 | | regulations that establish standards and procedures for |
13 | | the utilization of minority, disadvantaged, and |
14 | | female-owned businesses, and compliance with Section 2-105 |
15 | | of the Illinois Human Rights Act; |
16 | | (5) the proposed budget for the project; |
17 | | (6) the requirements for the technical component of the |
18 | | proposal, including a description of the level of design, |
19 | | scope and type of renderings, drawings, and specifications |
20 | | to be provided in the proposals; |
21 | | (7) the requirements for the price component of the |
22 | | proposal. |
23 | | (8) the evaluation criteria for the proposals and the |
24 | | relative importance of those criteria, including any |
25 | | formulas to be employed by the Transportation Agency; as |
26 | | the Transportation Agency deems appropriate, the technical |
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1 | | proposal evaluation criteria may, without limitation, |
2 | | include compliance with the Transportation Agency's stated |
3 | | objectives for the project, the proposal's compliance with |
4 | | the request for proposal requirements, the level of quality |
5 | | of proposed products or materials, and the quality of the |
6 | | proposed design; |
7 | | (9) the acceptance of Alternate Technical Concepts |
8 | | (10) in the case of a single phase procurement, |
9 | | requirements regarding the proposer's qualifications; or |
10 | | (11) any other relevant information. |
11 | | (e) The transportation agency may conduct discussions to |
12 | | promote understanding of the Transportation Agency's |
13 | | requirements prior to submittal of final proposals. |
14 | | (f) The date proposals are due must be at least 28 calendar |
15 | | days after the date of the issuance of the request for |
16 | | proposals. |
17 | | (g) The Transportation Agency may offer to pay a stipend in |
18 | | an amount and on the terms and conditions determined by the |
19 | | Transportation Agency and as set forth in the proposal to (i) |
20 | | all short-listed proposers if the Transportation Agency |
21 | | cancels the procurement before the due date for proposals or |
22 | | (ii) each unsuccessful proposer that submits a responsive |
23 | | proposal. The Transportation Agency may pay a stipend only to |
24 | | those proposers who agree that their proposal and other |
25 | | proposal-related submissions will become the property of the |
26 | | Transportation Agency. |
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1 | | (h) The Transportation Agency shall directly employ or |
2 | | retain a professional engineer(s) licensed in the State, and |
3 | | licensed architect for building facilities to prepare the scope |
4 | | and assist in the evaluation of the proposals' technical |
5 | | submissions under a design-build project delivery method and |
6 | | determine if the submissions are in accordance with generally |
7 | | accepted industry standards |
8 | | (i) The Transportation Agency shall have the right to |
9 | | reject any and all qualifications or proposals, including, but |
10 | | not limited to the right to reject any proposal as |
11 | | non-responsive if the proposal does not meet all material |
12 | | requirements of the request for proposals. The Transportation |
13 | | Agency shall not consider a proposal that does not include: (i) |
14 | | the proposer's plan to comply with requirements regarding |
15 | | utilization of business enterprises, including disadvantaged |
16 | | business enterprises, established by the Transportation |
17 | | Agency; or (ii) bid security in the form and amount designated |
18 | | in the request for proposals. |
19 | | Section 1-30. Evaluation Committee. |
20 | | (a) The Transportation Agency shall establish an |
21 | | evaluation committee to review and select the design-builder. |
22 | | The evaluation committee, under the discretion of the |
23 | | Transportation Agency, shall consist of 7 members and shall |
24 | | include at least 6 licensed design professionals. Two of the |
25 | | members shall be members of the public and shall both be |
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1 | | licensed design-professionals. Public Members may not be |
2 | | employed or associated with any firm associated with a |
3 | | design-build entity proposing on the public project. One public |
4 | | member shall be nominated by associations representing the |
5 | | general design or construction industry, and one member shall |
6 | | be nominated by associations that represent minority or |
7 | | female-owned design or construction industry businesses. The |
8 | | evaluation committee may be for a set term or for the |
9 | | particular project subject to the request for proposal. |
10 | | (b) The members of the evaluation committee must certify |
11 | | for each request for proposal that no conflict of interest |
12 | | exists between the members and the design-build entities |
13 | | submitting proposals. If a conflict exists, the member must be |
14 | | replaced before any review of proposals. |
15 | | (c) The Transportation Agency shall conduct a technical |
16 | | review, evaluation and scoring of proposals and submit those |
17 | | results to the evaluation committee prior to the review and |
18 | | selection by the evaluation committee. |
19 | | Section 1-35. Procedures for selection. Upon completion of |
20 | | the evaluation of proposals, if the Transportation Agency |
21 | | decides to award a design-build contract, the Transportation |
22 | | Agency shall award the contract to the proposer whose proposal |
23 | | is determined to offer the best value to the public based on |
24 | | the evaluation criteria set forth in the request for proposals. |
25 | | Notwithstanding the above, if, for any reason, the proposer |
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1 | | submitting the best value proposal is unable or unwilling to |
2 | | execute the contract, including the failure of the proposer and |
3 | | the Transportation Agency to successfully complete |
4 | | negotiations of the contract, the Transportation Agency may |
5 | | award the contract to the proposer whose proposal offers the |
6 | | public the next best value. |
7 | | Section 1-40. Project records, confidentiality, and public |
8 | | disclosure. |
9 | | (a) The Transportation Agency shall maintain all written |
10 | | decisions, evaluations, scoring documents, selection |
11 | | evaluations, proposals, and procurement documents in a |
12 | | procurement file maintained by the Transportation Agency. |
13 | | (b) A proposer may identify those portions of a proposal or |
14 | | other submission that the proposer considers to be trade |
15 | | secrets or confidential commercial, financial, or proprietary |
16 | | information. To consider confidential and proprietary |
17 | | information and trade secrets to be exempt from disclosure, the |
18 | | proposer shall do all of the following: |
19 | | (1) request exclusion from disclosure upon submission |
20 | | of the information or other materials for which protection |
21 | | is sought; |
22 | | (2) identify the data or other materials for which |
23 | | protection is sought; |
24 | | (3) state the reasons why protection is necessary; and |
25 | | (4) fully comply with the federal Freedom of |
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1 | | Information Act and any other applicable provisions of |
2 | | State law with respect to information the proposer contends |
3 | | should be exempt from disclosure; |
4 | | (5) certify if such information is in accordance with |
5 | | the protection of the Illinois Trade Secrets Act. |
6 | | (c) Notwithstanding any other provision of law, in order to |
7 | | properly balance the need to maximize competition under this |
8 | | Act with the need to create a transparent procurement process, |
9 | | qualifications, proposals, other information and documents |
10 | | submitted by proposers and the Transportation Agency's |
11 | | evaluation records shall not be subject to release or |
12 | | disclosure by the Transportation Agency until execution of the |
13 | | design-build contract. If the Transportation Agency rejects |
14 | | all qualifications submitted in response to a request for |
15 | | qualifications, or rejects all proposals submitted in response |
16 | | to a request for proposals, the exemption from release or |
17 | | disclosure under this section shall remain in place until the |
18 | | Transportation Agency re-procures the transportation facility |
19 | | and has entered into a design-build contract. However, this |
20 | | exemption shall lapse if the Transportation Agency does not |
21 | | commence the re-procurement of the transportation facility |
22 | | within one year of its rejection of the responses to the |
23 | | request for qualifications or request for proposals. |
24 | | Section 1-45. Design-build contract. A design-build |
25 | | contract may include any provisions the Transportation Agency |
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1 | | determines are necessary or appropriate, including but not |
2 | | limited to provisions regarding the following: |
3 | | (1) compensation or payments to the design-builder; |
4 | | (2) grounds for termination of the design-build contract, |
5 | | including the Transportation Agency's right to terminate for |
6 | | convenience; |
7 | | (3) liability for damages and nonperformance; |
8 | | (4) events of default and the rights and remedies available |
9 | | to the design-builder and the Transportation Agency in the |
10 | | event of a default or delay; |
11 | | (5) terms for the design-builder's compliance with |
12 | | business enterprises, including disadvantaged business |
13 | | enterprises, requirements and with Section 2-105 of the |
14 | | Illinois Human Rights Act; |
15 | | (6) the identification of any technical specifications |
16 | | that the design-builder must comply with when developing plans |
17 | | or performing construction work; |
18 | | (7) the procedures for review and approval of the |
19 | | design-builder's plans; |
20 | | (8) required performance and payment security; |
21 | | (9) the terms and conditions of indemnification and minimum |
22 | | insurance requirements; or |
23 | | (10) any other terms and conditions. |
24 | | Section 1-50. Labor. |
25 | | (a) The Transportation Agency shall consider requiring the |
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1 | | use of a project labor agreement in connection with the |
2 | | development of a transportation facility under this Act. |
3 | | (b) The design-builder and all subcontractors to them, |
4 | | shall comply with Section 30-22 of the Illinois Procurement |
5 | | Code as they apply to responsible bidders and to present |
6 | | satisfactory evidence of that compliance to the Transportation |
7 | | Agency, unless the project is federally funded and the |
8 | | application of those requirements would jeopardize the receipt |
9 | | or use of federal funds in support of the transportation |
10 | | project, and all applicable general labor provisions. |
11 | | Section 1-55. Funding and financing. |
12 | | (a) The Transportation Agency may utilize any lawful source |
13 | | of funding and financing to compensate a design-builder for |
14 | | work and services performed under a design-build contract and |
15 | | the Transportation Agency may combine federal, State, local, |
16 | | and private funds to finance a transportation facility. |
17 | | (b) The Transportation Agency may impose short term, 5 |
18 | | years or less, financing obligations and other financial |
19 | | responsibilities on a design-builder in order to finance the |
20 | | costs of a transportation facility. |
21 | | (c) Subject to appropriation by the General Assembly of the |
22 | | required amounts, the Transportation Agency may obligate and |
23 | | make expenditures of funds as and when needed to satisfy its |
24 | | payment obligations under a design-build contract. |
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1 | | Section 1-60. Acquisition of property and related |
2 | | agreements. The Transportation Agency may exercise any and all |
3 | | powers of condemnation or eminent domain, including quick-take |
4 | | powers, to acquire lands or estates or interests in land for a |
5 | | transportation facility under this Act or to the extent the |
6 | | Transportation Agency finds that the action serves the public |
7 | | purpose of this Act and deems the action appropriate in the |
8 | | exercise of its powers under this Act. In addition, the |
9 | | Transportation Agency and a design-builder may enter into |
10 | | leases, licenses, easements, and other grants of property |
11 | | interests that the Transportation Agency determines necessary |
12 | | to carry out this Act. |
13 | | Section 1-65. Administrative Procedure Act. The Illinois |
14 | | Administrative Procedure Act applies to all administrative |
15 | | rules and procedures of the Transportation Agency under this |
16 | | Act except that nothing herein shall be construed to render any |
17 | | prequalification or other responsibility criteria as a |
18 | | "license" or "licensing" under that Act. |
19 | | Section 70. Federal requirements. In the procurement of |
20 | | design-build contracts, the Transportation Agency shall comply |
21 | | with federal law and regulations and take all necessary steps |
22 | | to adapt its rules, policies, and procedures to remain eligible |
23 | | for federal aid. |
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1 | | Section 75. Powers. The powers granted to the |
2 | | Transportation Agency under this Act shall be liberally |
3 | | construed to accomplish its purpose, are in addition to any |
4 | | existing powers of the Transportation Agency, and shall not |
5 | | affect or impair any other powers authorized under applicable |
6 | | law. This includes powers to procure and enter into |
7 | | design-build contracts under this Act. |
8 | | Section 80. Rules. The Transportation Agency may adopt |
9 | | rules to carry out the provisions of this Act. |
10 | | Section 85. Repealer. This Act is repealed on the date that |
11 | | is 5 years after the effective date of this Act; provided that |
12 | | any design-build contracts entered into before such date or any |
13 | | procurement of a transportation facility under this Act |
14 | | commenced before such date, and the contracts resulting from |
15 | | those procurements, shall remain effective. |
16 | | ARTICLE 5. |
17 | | AMENDATORY PROVISIONS |
18 | | Section 5-5. The Department of Transportation Law of the
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19 | | Civil Administrative Code of Illinois is amended by adding |
20 | | Section 2705-233 as follows: |
21 | | (20 ILCS 2705/2705-233 new) |
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1 | | Sec. 2705-233. Design-build for transportation |
2 | | infrastructure. The Transportation Agency may exercise all |
3 | | powers granted to it under the Design-Build for Transportation |
4 | | Infrastructure Act, including the power to enter into all |
5 | | contracts or agreements necessary or incidental to the |
6 | | performance of its powers under the Act, and powers related to |
7 | | any transportation facility implemented pursuant to that Act. |
8 | | Section 5-10. The Illinois Finance Authority Act is amended |
9 | | by adding Section 825-108 as follows: |
10 | | (20 ILCS 3501/825-108 new) |
11 | | Sec. 825-108. Transportation project financing. For the |
12 | | purpose of financing a transportation facility undertaken |
13 | | under the Design-Build for Transportation Infrastructure Act, |
14 | | the Transportation Agency is authorized to apply for an |
15 | | allocation of tax-exempt bond financing authorization provided |
16 | | by Section 142(m) of the United States Internal Revenue Code, |
17 | | as well as financing available under any other federal law or |
18 | | program. |
19 | | Section 5-15. The Illinois Procurement Code is amended by |
20 | | changing Section 1-10 as follows:
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21 | | (30 ILCS 500/1-10)
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22 | | Sec. 1-10. Application.
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1 | | (a) This Code applies only to procurements for which |
2 | | contractors were first
solicited on or after July 1, 1998. This |
3 | | Code shall not be construed to affect
or impair any contract, |
4 | | or any provision of a contract, entered into based on a
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5 | | solicitation prior to the implementation date of this Code as |
6 | | described in
Article 99, including but not limited to any |
7 | | covenant entered into with respect
to any revenue bonds or |
8 | | similar instruments.
All procurements for which contracts are |
9 | | solicited between the effective date
of Articles 50 and 99 and |
10 | | July 1, 1998 shall be substantially in accordance
with this |
11 | | Code and its intent.
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12 | | (b) This Code shall apply regardless of the source of the |
13 | | funds with which
the contracts are paid, including federal |
14 | | assistance moneys.
This Code shall
not apply to:
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15 | | (1) Contracts between the State and its political |
16 | | subdivisions or other
governments, or between State |
17 | | governmental bodies except as specifically
provided in |
18 | | this Code.
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19 | | (2) Grants, except for the filing requirements of |
20 | | Section 20-80.
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21 | | (3) Purchase of care.
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22 | | (4) Hiring of an individual as employee and not as an |
23 | | independent
contractor, whether pursuant to an employment |
24 | | code or policy or by contract
directly with that |
25 | | individual.
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26 | | (5) Collective bargaining contracts.
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1 | | (6) Purchase of real estate, except that notice of this |
2 | | type of contract with a value of more than $25,000 must be |
3 | | published in the Procurement Bulletin within 7 days after |
4 | | the deed is recorded in the county of jurisdiction. The |
5 | | notice shall identify the real estate purchased, the names |
6 | | of all parties to the contract, the value of the contract, |
7 | | and the effective date of the contract.
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8 | | (7) Contracts necessary to prepare for anticipated |
9 | | litigation, enforcement
actions, or investigations, |
10 | | provided
that the chief legal counsel to the Governor shall |
11 | | give his or her prior
approval when the procuring agency is |
12 | | one subject to the jurisdiction of the
Governor, and |
13 | | provided that the chief legal counsel of any other |
14 | | procuring
entity
subject to this Code shall give his or her |
15 | | prior approval when the procuring
entity is not one subject |
16 | | to the jurisdiction of the Governor.
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17 | | (8) Contracts for
services to Northern Illinois |
18 | | University by a person, acting as
an independent |
19 | | contractor, who is qualified by education, experience, and
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20 | | technical ability and is selected by negotiation for the |
21 | | purpose of providing
non-credit educational service |
22 | | activities or products by means of specialized
programs |
23 | | offered by the university.
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24 | | (9) Procurement expenditures by the Illinois |
25 | | Conservation Foundation
when only private funds are used.
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26 | | (10) Procurement expenditures by the Illinois Health |
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1 | | Information Exchange Authority involving private funds |
2 | | from the Health Information Exchange Fund. "Private funds" |
3 | | means gifts, donations, and private grants. |
4 | | (11) Public-private agreements entered into according |
5 | | to the procurement requirements of Section 20 of the |
6 | | Public-Private Partnerships for Transportation Act and |
7 | | design-build agreements entered into according to the |
8 | | procurement requirements of Section 25 of the |
9 | | Public-Private Partnerships for Transportation Act. |
10 | | (c) This Code does not apply to the electric power |
11 | | procurement process provided for under Section 1-75 of the |
12 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
13 | | Utilities Act. |
14 | | (d) Except for Section 20-160 and Article 50 of this Code, |
15 | | and as expressly required by Section 9.1 of the Illinois |
16 | | Lottery Law, the provisions of this Code do not apply to the |
17 | | procurement process provided for under Section 9.1 of the |
18 | | Illinois Lottery Law. |
19 | | (e) This Code does not apply to the process used by the |
20 | | Capital Development Board to retain a person or entity to |
21 | | assist the Capital Development Board with its duties related to |
22 | | the determination of costs of a clean coal SNG brownfield |
23 | | facility, as defined by Section 1-10 of the Illinois Power |
24 | | Agency Act, as required in subsection (h-3) of Section 9-220 of |
25 | | the Public Utilities Act, including calculating the range of |
26 | | capital costs, the range of operating and maintenance costs, or |
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1 | | the sequestration costs or monitoring the construction of clean |
2 | | coal SNG brownfield facility for the full duration of |
3 | | construction. |
4 | | (f) This Code does not apply to the process used by the |
5 | | Illinois Power Agency to retain a mediator to mediate sourcing |
6 | | agreement disputes between gas utilities and the clean coal SNG |
7 | | brownfield facility, as defined in Section 1-10 of the Illinois |
8 | | Power Agency Act, as required under subsection (h-1) of Section |
9 | | 9-220 of the Public Utilities Act. |
10 | | (g) This Code does not apply to the processes used by the |
11 | | Illinois Power Agency to retain a mediator to mediate contract |
12 | | disputes between gas utilities and the clean coal SNG facility |
13 | | and to retain an expert to assist in the review of contracts |
14 | | under subsection (h) of Section 9-220 of the Public Utilities |
15 | | Act. This Code does not apply to the process used by the |
16 | | Illinois Commerce Commission to retain an expert to assist in |
17 | | determining the actual incurred costs of the clean coal SNG |
18 | | facility and the reasonableness of those costs as required |
19 | | under subsection (h) of Section 9-220 of the Public Utilities |
20 | | Act. |
21 | | (h) This Code does not apply to the process to procure or |
22 | | contracts entered into in accordance with Sections 11-5.2 and |
23 | | 11-5.3 of the Illinois Public Aid Code. |
24 | | (i) (h) Each chief procurement officer may access records |
25 | | necessary to review whether a contract, purchase, or other |
26 | | expenditure is or is not subject to the provisions of this |
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1 | | Code, unless such records would be subject to attorney-client |
2 | | privilege. |
3 | | (j)Except for Section 20-160 and Article 50 of this Code, |
4 | | the provisions of this Code do not apply to design-build |
5 | | contracts entered into according to the procurement |
6 | | requirements of the Design-Build for Transportation |
7 | | Infrastructure Act. |
8 | | (Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10; |
9 | | 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11; |
10 | | 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-895, eff. |
11 | | 8-3-12; revised 8-23-12.)
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12 | | Section 5-20. The Architectural, Engineering, and Land |
13 | | Surveying
Qualifications Based Selection Act is amended by |
14 | | adding Section 85 as follows: |
15 | | (30 ILCS 535/85 new) |
16 | | Sec. 85. Design-Build Contracts. This Act shall not apply |
17 | | to the procurement of or contracting for transportation |
18 | | facilities pursuant to design-build contracts under the |
19 | | Design-Build for Transportation Infrastructure Act. |
20 | | Section 5-25. The Employment of Illinois Workers on Public |
21 | | Works Act is amended by adding Section 2.8 as follows: |
22 | | (30 ILCS 570/2.8 new) |
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1 | | Sec. 2.8. Design-build contracts. This Act applies to any |
2 | | construction work undertaken pursuant to design-build |
3 | | contracts entered into under the Design-Build for |
4 | | Transportation Infrastructure Act. |
5 | | Section 5-26. The Business Enterprise for Minorities, |
6 | | Females, and Persons with
Disabilities Act is amended by adding |
7 | | Section 2.8 as follows: |
8 | | (30 ILCS 575/2.8 new) |
9 | | Sec. 2.8. Design-build contracts. This Act applies to any |
10 | | design-build contracts entered into under the Design-Build for |
11 | | Transportation Infrastructure Act. |
12 | | Section 5-27. The Eminent Domain Act is amended by adding |
13 | | Section 15-5-47 as follows: |
14 | | (735 ILCS 30/15-5-47 new) |
15 | | Sec. 15-5-47. Eminent domain powers in new Acts. The |
16 | | following provisions of law may include express grants of the |
17 | | power to acquire property by condemnation or eminent domain: |
18 | | The Design-Build for Transportation Infrastructure Act; |
19 | | Department of Transportation; for the purposes of constructing |
20 | | a transportation facility under the Act and to serve the public |
21 | | purpose of the Act. |
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1 | | Section 5-30. The Prevailing Wage Act is amended by |
2 | | changing Section 2 as follows:
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3 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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4 | | Sec. 2. This Act applies to the wages of laborers, |
5 | | mechanics and
other workers employed in any public works, as |
6 | | hereinafter defined, by
any public body and to anyone under |
7 | | contracts for public works. This includes any maintenance, |
8 | | repair, assembly, or disassembly work performed on equipment |
9 | | whether owned, leased, or rented.
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10 | | As used in this Act, unless the context indicates |
11 | | otherwise:
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12 | | "Public works" means all fixed works constructed or |
13 | | demolished by
any public body,
or paid for wholly or in part |
14 | | out of public funds. "Public works" as
defined herein includes |
15 | | all projects financed in whole
or in part with bonds, grants, |
16 | | loans, or other funds made available by or through the State or |
17 | | any of its political subdivisions, including but not limited |
18 | | to: bonds issued under the Industrial Project Revenue Bond
Act |
19 | | (Article 11, Division 74 of the Illinois Municipal Code), the |
20 | | Industrial
Building Revenue Bond Act, the Illinois Finance |
21 | | Authority Act,
the Illinois Sports Facilities Authority Act, or |
22 | | the Build Illinois Bond Act; loans or other funds made
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23 | | available pursuant to the Build Illinois Act; or funds from the |
24 | | Fund for
Illinois' Future under Section 6z-47 of the State |
25 | | Finance Act, funds for school
construction under Section 5 of |
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1 | | the General Obligation Bond Act, funds
authorized under Section |
2 | | 3 of the School Construction Bond Act, funds for
school |
3 | | infrastructure under Section 6z-45 of the State Finance Act, |
4 | | and funds
for transportation purposes under Section 4 of the |
5 | | General Obligation Bond
Act. "Public works" also includes (i) |
6 | | all projects financed in whole or in part
with funds from the |
7 | | Department of Commerce and Economic Opportunity under the |
8 | | Illinois Renewable Fuels Development Program
Act for which |
9 | | there is no project labor agreement; (ii) all work performed |
10 | | pursuant to a public private agreement under the Public Private |
11 | | Agreements for the Illiana Expressway Act; and (iii) all |
12 | | projects undertaken under a public-private agreement under the |
13 | | Public-Private Partnerships for Transportation Act ; and (iv) |
14 | | all transportation facilities undertaken under a design-build |
15 | | contract pursuant to the Design-Build for Transportation |
16 | | Infrastructure Act . "Public works" also includes all projects |
17 | | at leased facility property used for airport purposes under |
18 | | Section 35 of the Local Government Facility Lease Act. "Public |
19 | | works" also includes the construction of a new wind power |
20 | | facility by a business designated as a High Impact Business |
21 | | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
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22 | | "Public works" does not include work done directly by any |
23 | | public utility company, whether or not done under public |
24 | | supervision or direction, or paid for wholly or in part out of |
25 | | public funds. "Public works" does not include projects |
26 | | undertaken by the owner at an owner-occupied single-family |
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1 | | residence or at an owner-occupied unit of a multi-family |
2 | | residence.
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3 | | "Construction" means all work on public works involving |
4 | | laborers,
workers or mechanics. This includes any maintenance, |
5 | | repair, assembly, or disassembly work performed on equipment |
6 | | whether owned, leased, or rented.
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7 | | "Locality" means the county where the physical work upon |
8 | | public works
is performed, except (1) that if there is not |
9 | | available in the county a
sufficient number of competent |
10 | | skilled laborers, workers and mechanics
to construct the public |
11 | | works efficiently and properly, "locality"
includes any other |
12 | | county nearest the one in which the work or
construction is to |
13 | | be performed and from which such persons may be
obtained in |
14 | | sufficient numbers to perform the work and (2) that, with
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15 | | respect to contracts for highway work with the Department of
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16 | | Transportation of this State, "locality" may at the discretion |
17 | | of the
Secretary of the Department of Transportation be |
18 | | construed to include
two or more adjacent counties from which |
19 | | workers may be accessible for
work on such construction.
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20 | | "Public body" means the State or any officer, board or |
21 | | commission of
the State or any political subdivision or |
22 | | department thereof, or any
institution supported in whole or in |
23 | | part by public funds,
and includes every county, city, town,
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24 | | village, township, school district, irrigation, utility, |
25 | | reclamation
improvement or other district and every other |
26 | | political subdivision,
district or municipality of the state |
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1 | | whether such political
subdivision, municipality or district |
2 | | operates under a special charter
or not.
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3 | | The terms "general prevailing rate of hourly wages", |
4 | | "general
prevailing rate of wages" or "prevailing rate of |
5 | | wages" when used in
this Act mean the hourly cash wages plus |
6 | | fringe benefits for training and
apprenticeship programs |
7 | | approved by the U.S. Department of Labor, Bureau of
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8 | | Apprenticeship and Training, health and welfare, insurance, |
9 | | vacations and
pensions paid generally, in the
locality in which |
10 | | the work is being performed, to employees engaged in
work of a |
11 | | similar character on public works.
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12 | | (Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186, |
13 | | eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502, |
14 | | eff. 8-23-11.)
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15 | | Section 99. Effective date. This Act takes effect upon |
16 | | becoming law.".
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