Sen. Martin A. Sandoval

Filed: 4/1/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3020

2    AMENDMENT NO. ______. Amend Senate Bill 3020 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 and construction manager-general
11contractor project delivery methods and use of alternative
12technical concepts have the potential to capture private sector
13innovation and safely deliver infrastructure projects on more
14predictable schedules and budgets. Earlier completion and
15lower cost for projects are possible with the ability to shift
16or share risks with the private sector that are generally

 

 

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1retained by the public in the conventional design-bid-build
2project 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 DB
7and CMGC project delivery methods.
8    (d) It is the intent of this Act to use design
9professionals, construction companies, and workers from this
10State to the greatest extent possible.
11    (e) The powers granted in this Act are in addition to any
12other powers authorized under applicable law.
 
13    Section 10. Definitions. As used in this Act:
14    "Agency" means the Department of Transportation or the
15Illinois State Toll Highway Authority.
16    "ATC" or "Alternative Technical Concepts" means a proposed
17deviation from the contract technical requirements set forth in
18the procurement documents for a transportation facility that
19offers a solution that is equal or better than the requirements
20in the procurement documents.
21    "Authority" means the Illinois State Toll Highway
22Authority.
23    "Best value" means any selection process in which proposals
24contain both price and qualitative components and award is
25based upon a combination of price, qualitative concepts, and

 

 

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1other factors.
2    "Chief procurement officer" means the chief procurement
3officer for the Department or the Authority.
4    "CMGC contract" means the two-phase contract between the
5Department or the Authority and a construction manager-general
6contractor, which includes a first phase addressing
7preconstruction services and a second phase addressing the
8construction of the transportation facility.
9    "Construction manager-general contractor" or "CMGC" means
10a proposer that has entered into a construction manager-general
11contractor contract under this Act.
12    "Construction manager-general contractor project delivery
13method" or "CMGC project delivery method" means a method of
14procurement and contracting that makes a CMGC who enters into a
15contract with the Department or the Authority responsible for
16certain preconstruction services and then, if the parties reach
17agreement on key terms, responsible for construction of the
18transportation facility.
19    "DB" means design-build.
20    "Department" means the Illinois Department of
21Transportation.
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, which 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" or "DB contract" means a contract
4between the Department or the Authority and a design-builder
5under which the design-builder agrees to furnish
6architectural, surveying, engineering, construction, and
7related services for a transportation facility.
8    "Design-build project delivery method" or "DB project
9delivery method" means a method of procurement and contracting
10that provides responsibility within a single contract between
11the Department or the Authority and a design-builder for the
12furnishing of architectural, surveying, engineering,
13construction, and related services for a transportation
14facility.
15    "Design-builder" means a proposer that has entered into a
16design-build contract with the Department or the Authority
17under this 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 Department or the Authority against which
22the qualifications and proposals of a proposer will be assessed
23during the procurement of a design-build contract or
24construction manager-general contractor contract, as
25applicable.
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, which may include giving advice to the Department or
11the Authority regarding scheduling, work sequencing, cost
12engineering, constructability, cost estimating, and risk
13identification.
14    "Proposal" means a proposer's response to a request for
15proposals.
16    "Proposer" means any individual, sole proprietorship,
17firm, partnership, joint venture, corporation, professional
18corporation, or other entity legally established to conduct
19business in this State that proposes to be the design-build or
20construction manager-general contractor for any transportation
21facility under this Act.
22    "Qualifications" means a statement of qualifications
23submitted by a proposer in response to a request for
24qualifications.
25    "Request for proposals" means the document issued by the
26Department or the Authority to solicit proposals and describe

 

 

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1the procurement process for a design-build contract or
2construction manager-general contractor contract in accordance
3with the design-build project delivery method or the
4construction manager-general contractor project delivery
5method, as applicable.
6    "Request for qualifications" means the document issued by
7the Department or the Authority in the first phase of a
8two-phase procurement to solicit qualifications from proposers
9in accordance with the design-build project delivery method or
10the construction manager-general contractor project delivery
11method, as applicable.
12    "Scope and performance requirements" means the constructed
13elements, activities, and standards of performance required by
14the Department or the Authority to be complied with in the
15development of the transportation facility, which may include,
16but not be limited to, the intended usage, capacity, size,
17scope, quality and performance standards, life-cycle costs,
18preliminary engineering, design, and other requirements as
19developed and determined by the Department or the Authority.
20    "Secretary" means the Secretary of Transportation of the
21Illinois Department of Transportation.
22    "Transportation facility" means any new or existing
23facility or group of facilities that are the subject of a
24design-build contract or a construction manager-general
25contractor contract, and which may include highways, roads,
26bridges, tunnels, overpasses, bus ways, guideways, ferries,

 

 

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1airports or other aviation facilities, public transportation
2facilities, vehicle parking facilities, port facilities, rail
3facilities, stations, hubs, terminals, intermodal facilities,
4transit facilities, or similar facilities used for the
5transportation of persons or goods, together with any
6buildings, structures, parking areas, appurtenances,
7intelligent transportation systems, and other property or
8facilities related to the operation or maintenance of these
9facilities.
 
10    Section 15. Authorization of project delivery methods.
11    (a) Notwithstanding any other law, and as authority
12supplemental to its existing powers, the Agency, in accordance
13with this Act, may use the design-build project delivery method
14for a transportation facility, provided that the capital costs
15for the transportation facility utilizing the design-build
16project delivery method does not exceed 20% of the Agency's
17multi-year highway improvement program for any 5-year period.
18The Agency shall make this calculation prior to commencing the
19procurement for a design-build contract and shall use the
20Agency's estimated cost for that transportation facility. The
21Agency, in accordance with this Act, may use the CMGC project
22delivery method for up to 3 transportation facilities. Prior to
23commencing a procurement under this Act for either a
24design-build contract or a CMGC contract, the Agency must first
25conduct an analysis and make a written determination that it is

 

 

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1in the best interests of this State to utilize the selected
2delivery method for that transportation facility. The analysis
3and determination shall discuss the design-build or CMGC
4project delivery method's impact on the anticipated schedule,
5completion date, and project costs. The best interests of the
6State analysis shall be made available to the public.
7    (b) The Agency shall report to the General Assembly
8annually for the first 5 years after the effective date of this
9Act on the progress of procurements and transportation
10facilities procured under this Act.
 
11    Section 20. Preconditions to commencement of procurement.
12    If the Agency determines to use the design-build project
13delivery method or the CMGC project delivery method for a
14particular transportation facility, the Agency shall not
15commence a procurement for the transportation facility until:
16    (1) the Agency uses its best effort to ensure that the
17transportation facility is consistent with the regional plan of
18any metropolitan planning organization in which the boundaries
19of the transportation facility are located; and
20    (2) the Agency completes at least one of the following:
21        (A) includes the transportation facility in the
22    Department's respective multi-year highway improvement
23    program and designates it as a DB or CMGC project;
24        (B) issues a notice of intent to receive qualifications
25    at least 14 days prior to the issuance of the request for

 

 

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1    qualifications; or
2        (C) for a single phase procurement under subsection (a)
3    of Section 25 of this Act, issues a notice of intent to
4    receive proposals at least 14 days prior to the issuance of
5    the request for proposals. If the Agency issues this notice
6    of intent, the Department shall publish the notice in the
7    Department's Transportation Bulletin and the Authority
8    shall publish the notice in the Illinois Procurement
9    Bulletin. The Agency shall include a description of the
10    proposed procurement and transportation facility in any
11    notice of intent.
 
12    Section 25. Procurement process.
13    (a) The Agency may solicit a proposer with which to enter
14into a design-build contract or CMGC contract, as applicable,
15by using, without limitation, one or more requests for
16qualifications, short-listing of the most highly qualified
17proposers, or requests for proposals and negotiations. The
18Agency shall use a two-phase procurement for a design-build
19contract to select the successful proposer; provided that the
20Agency may use a single phase procurement if the transportation
21facility is estimated to cost less than $10,000,000 or the
22Secretary of Transportation or the Executive Director makes a
23written determination that the Agency may use a single phase
24procurement for a particular transportation facility. In a
25two-phase procurement, the Agency shall use the first phase to

 

 

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1evaluate and short-list the most highly qualified proposers
2based on qualifications, and then use the second phase to
3evaluate and select a proposer based on proposals submitted by
4the short-listed proposers. In a single phase procurement, the
5Agency shall solicit proposers with a request for proposals,
6and shall evaluate and select a proposer based on those
7proposals.
8    (b) The request for qualifications may contain any
9information deemed appropriate by the Agency including,
10without limitation, the following information:
11        (1) the anticipated scope of work for the
12    transportation facility;
13        (2) a requirement that the proposer identify certain
14    key personnel, and for DB contracts certain key firms, the
15    experience of the personnel and firms, and the conditions
16    on which identified personnel and firms can be replaced;
17        (3) the evaluation criteria for the qualifications and
18    the relative importance of those criteria; these
19    evaluation criteria may address, without limitation, the
20    proposer's technical and financial qualifications, such as
21    specialized experience, technical competence, capability
22    to perform, financial capacity, past performance,
23    including the proposer's safety record, and any other
24    qualifications based factors;
25        (4) the Agency's prequalification, licensing, and
26    registration requirements, including any requirements from

 

 

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1    the Professional Engineering Practice Act of 1989, the
2    Illinois Architecture Practice Act of 1989, the Structural
3    Engineering Practice Act of 1989, and the Illinois
4    Professional Land Surveyor Act of 1989, provided that
5    nothing contained herein precludes the Agency's use of
6    different or additional prequalification criteria or
7    pass/fail evaluation factors addressing minimum levels of
8    technical experience or financial capabilities;
9        (5) the maximum number of proposers the Agency will
10    short-list to submit proposals; and
11        (6) any other relevant information the Agency deems
12    appropriate.
13    (c) Upon completion of the qualifications evaluation, the
14Agency shall, based on the evaluation criteria set forth in the
15request for qualifications, create a short-list of the most
16highly qualified proposers. The Agency shall short-list no more
17than 5 and no fewer than 2 of the most highly qualified
18proposers. Notwithstanding other provisions of this subsection
19(c), the Agency may short-list fewer than 2 proposers if the
20Secretary of Transportation or the Executive Director make a
21finding that an emergency situation justifies the limited
22short-listing and fewer than 2 proposers meet any applicable
23prequalification or pass/fail requirements set forth in the
24request for qualifications.
25    (d) The request for proposals may contain any information
26deemed appropriate by the Agency including, without

 

 

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1limitation, the following information:
2        (1) the form and amount of required bid security;
3        (2) the terms of the DB or CMGC contract including, but
4    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        (3) the requirements for the technical component of the
9    proposal, including a description of the level of design,
10    scope and type of renderings, drawings, and specifications
11    to be provided in the proposals;
12        (4) the requirements for the price component of the
13    proposal, which for CMGC contracts may include a
14    requirement for the proposer to submit a lump sum price for
15    the direct costs to perform the required preconstruction
16    services and percentage mark-up on those direct costs;
17        (5) the evaluation criteria for the proposals and the
18    relative importance of those criteria, including any
19    formulas to be employed by the Agency, as the Agency deems
20    appropriate;
21        (6) a process for the Agency to review and accept
22    alternate technical concepts;
23        (7) requirements regarding the proposer's
24    qualifications; and
25        (8) any other relevant information the Agency deems
26    appropriate.

 

 

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1    (e) Prior to the proposers' submittal of proposals, the
2Agency may conduct confidential meetings and exchange
3confidential information with proposers to promote
4understanding of the request for proposals, review alternative
5technical concepts, or discuss other issues related to the
6procurement.
7    (f) The date proposals are due must be at least 28 calendar
8days after the date the Agency first issues the request for
9proposals.
10    (g) The Agency may offer to pay a stipend in an amount and
11on the terms and conditions determined by the Agency and as set
12forth in the request for proposals to (1) all short-listed
13proposers if the Agency cancels the procurement before the due
14date for proposals; or (2) each unsuccessful proposer that
15submits a responsive proposal. The Agency may pay a stipend
16only to those proposers who grant to the Agency the right to
17use any work product contained in the unsuccessful proposer's
18proposal and other proposal-related submissions or, if the
19Agency cancels the procurement before the due date for
20proposals, any work product developed prior to cancellation,
21including technologies, techniques, methods, processes, and
22information contained in the recipient's design for the
23transportation facility.
24    (h) The Agency shall, as appropriate depending on whether
25the transportation facility includes building facilities,
26directly employ or retain a professional engineer or engineers

 

 

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1licensed in the State or a licensed architect or architects, or
2both engineers licensed in this State and licensed architects,
3to prepare the scope and assist in the evaluation of the
4proposals' technical submissions under a design-build project
5delivery method. The professional engineers and licensed
6architects performing these services are generally precluded
7from participating in the procurement of the transportation
8facility at issue as a member of a proposer team.
9    (i) The Agency shall have the right to reject any and all
10qualifications or proposals, including, but not limited to, the
11right to reject any qualifications or proposals as
12non-responsive if, in the Agency's sole discretion, the
13qualifications or proposals do not meet all material
14requirements of the request for qualifications or request for
15proposals, as appropriate. The Agency shall not consider a
16proposal that does not include:
17        (1) the proposer's plan to comply with requirements
18    established by the Agency regarding utilization of
19    business enterprises, including disadvantaged business
20    enterprises; or
21        (2) bid security in the form and amount designated in
22    the request for proposals.
23    (j) The Agency shall consult with the chief procurement
24officer on the DB and the CMGC procurement processes, and the
25Secretary or the Executive Director, in consultation with the
26chief procurement officer, shall determine which procedures to

 

 

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1adopt and apply to the design-build and CMGC procurement
2processes in order to ensure an open, transparent, and
3efficient process that accomplishes the purposes of this Act.
 
4    Section 30. Evaluation committee.
5    (a) The Agency shall establish one or more evaluation
6committees to assist in selecting a DB and a CMGC. The Agency
7shall, in its sole discretion, determine the appropriate size
8and composition of the evaluation committee, provided that at
9least half of the committee must be licensed design
10professionals.
11    (b) The Agency may establish an evaluation committee for a
12set term or for the procurement of a particular transportation
13facility.
14    (c) Once the Agency identifies the proposers for a
15transportation facility, each member of an evaluation
16committee must certify that no conflict of interest exists
17between the member and the proposers. If the Agency, after
18consultation with the chief procurement officer, determines
19that an actual conflict exists, the member shall not
20participate on the evaluation committee for that procurement
21and the Agency shall appoint a replacement member on either a
22permanent or temporary basis.
 
23    Section 35. Procedures for selection. The Agency shall
24review, evaluate, rank, and score proposals and determine which

 

 

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1proposal offers the best value to the public based on the
2evaluation criteria set forth in the request for proposals, and
3shall award the contract based on those determinations.
4Notwithstanding other provisions of this Section, if for any
5reason the proposer awarded the contract is unable or unwilling
6to execute the contract, including the failure of the proposer
7and the Agency to successfully complete negotiations, if any,
8of the contract, the Agency may award the contract to the
9proposer whose proposal the Agency determines offers the public
10the next best value.
 
11    Section 40. Project records; confidentiality; public
12disclosure.
13    (a) The Agency shall maintain all written decisions,
14qualification and proposal evaluations, scoring documents,
15selection evaluations, proposals, and procurement documents in
16a procurement file maintained by the Agency.
17    (b) A proposer may identify those portions of a proposal or
18other submission that the proposer considers to be trade
19secrets or confidential, commercial, financial, or proprietary
20information. To consider confidential and proprietary
21information, including trade secrets, to be exempt from
22disclosure, the proposer shall do all of the following:
23        (1) request exclusion from disclosure upon submission
24    of the information or other materials for which protection
25    is sought;

 

 

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1        (2) identify the data or other materials for which
2    protection is sought;
3        (3) state the statutory or regulatory basis for the
4    protection;
5        (4) fully comply with the federal Freedom of
6    Information Act and any other applicable provisions of
7    State law, including, but not limited to, the Freedom of
8    Information Act, with respect to information the proposer
9    contends should be exempt from disclosure; and
10        (5) certify if the information is in accordance with
11    the protection of the Illinois Trade Secrets Act.
12    (c) Notwithstanding any other provision of law, in order to
13properly balance the need to maximize competition under this
14Act with the need to create a transparent procurement process,
15the qualifications, proposals, and other information and
16documents submitted by proposers and the Agency's evaluation
17records shall not be subject to release or disclosure by the
18Agency until execution of the DB contract or CMGC contract, as
19applicable. If the Agency terminates the procurement for a
20transportation facility, the exemption from release or
21disclosure under this Section shall remain in place until the
22Agency re-procures the transportation facility and has entered
23into a DB contract or CMGC contract, as applicable. However,
24this exemption shall lapse if the Agency does not commence the
25re-procurement of the transportation facility within 5 years of
26the termination.
 

 

 

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1    Section 45. Design-build contract. A DB contract may
2include any provisions the Agency determines are necessary or
3appropriate, including, but not limited to, provisions
4regarding the following:
5        (1) compensation or payments to the DB;
6        (2) grounds for termination of the DB contract,
7    including the Agency's right to terminate for convenience;
8        (3) liability for damages and nonperformance;
9        (4) events of default and the rights and remedies
10    available to the design-builder and the Agency in the event
11    of a default or delay;
12        (5) the identification of any technical specifications
13    that the DB must comply with when developing plans or
14    performing construction work;
15        (6) the procedures for review and approval of the DB's
16    plans;
17        (7) required performance and payment security;
18        (8) the terms and conditions of indemnification and
19    minimum insurance requirements; and
20        (9) any other terms and conditions the Agency deems
21    necessary.
 
22    Section 50. Construction manager-general contractor
23contract.
24    (a) The CMGC contract shall divide the CMGC services into 2

 

 

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

 

 

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1    construction work; and
2        (4) grounds for termination of the CMGC contract,
3    including the Agency' s right to terminate the contract and
4    not proceed with the construction phase of the project if
5    the Agency and the CMGC are unable to negotiate a lump sum
6    or guaranteed maximum price for the construction work.
7    (c) In addition to the provisions under subsection (b) of
8this Section, a CMGC contract may include any other provisions
9the Agency determines are necessary or appropriate, including,
10but not limited to, provisions regarding the following:
11        (1) liability for damages and nonperformance;
12        (2) events of default and the rights and remedies
13    available to the CMGC and the Agency in the event of a
14    default or delay;
15        (3) the identification of any technical specifications
16    that the CMGC must comply with when aiding the Agency with
17    developing plans or performing construction work;
18        (4) required performance and payment security for the
19    construction phase of the contract;
20        (5) the terms and conditions of indemnification and
21    minimum insurance requirements; and
22        (6) any other terms and conditions the Agency deems
23    necessary.
24    (d) If the CMGC contract is terminated for any reason, the
25Agency may, in its sole discretion, re-advertise the CMGC
26contract under this Act or use any other authorized procurement

 

 

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1method to complete the transportation facility or any portion
2of the transportation facility. Once the contract is
3terminated, the Agency may use any work product developed by
4the CMGC to complete the transportation facility.
 
5    Section 55. Funding; financing.
6    (a) The Agency may utilize any lawful source of funding and
7financing to compensate a DB and CMGC for work and services
8performed under a DB contract or CMGC contract, as applicable,
9and the Agency may combine federal, State, local, and private
10funds to finance a transportation facility.
11    (b) Subject to appropriation by the General Assembly of the
12required amounts, the Agency may obligate and make expenditures
13of funds as and when needed to satisfy its payment obligations
14under a DB contract or CMGC contract.
 
15    Section 56. Utilization requirements. DB and CMGC projects
16shall comply with Section 2-105 of the Illinois Human Rights
17Act and all applicable laws and rules that establish standards
18and procedures for the utilization of minority, disadvantaged,
19and female-owned businesses, including, but not limited to, the
20Business Enterprise for Minorities, Females, and Persons with
21Disabilities Act.
 
22    Section 60. Acquisition of property; related agreements.
23The Agency may exercise any and all powers of condemnation or

 

 

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1eminent domain, including quick-take powers, to acquire lands
2or estates or interests in land for a transportation facility
3under this Act to the extent the Agency finds that the action
4serves the public purpose of this Act and deems the action
5appropriate in the exercise of its powers under this Act. In
6addition, the Agency and a DB or CMGC may enter into leases,
7licenses, easements, and other grants of property interests
8that the Agency determines are necessary to deliver a
9transportation facility under this Act.
 
10    Section 65. Federal requirements. In the procurement of DB
11contracts and CMGC contracts, the Agency shall, to the extent
12applicable, comply with federal law and regulations and take
13all necessary steps to adapt its rules, policies, and
14procedures to remain eligible for federal aid.
 
15    Section 70. Powers. The powers granted to the Agency under
16this Act, including the power to procure and enter into DB and
17CMGC contracts, shall be liberally construed to accomplish its
18purpose, are in addition to any existing powers of the Agency,
19and shall not affect or impair any other powers authorized
20under applicable law.
 
21    Section 75. Rulemaking.
22    (a) The Illinois Administrative Procedure Act applies to
23all administrative rules and procedures of the Agency under

 

 

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1this Act, except that nothing in this Act shall be construed to
2render any prequalification or other responsibility criteria
3as a "license" or "licensing" under that Act.
4    (b) The Agency, in consultation with the chief procurement
5officer, may adopt rules to carry out the provisions of this
6Act.
 
7    Section 905. The Department of Transportation Law of the
8Civil Administrative Code of Illinois is amended by adding
9Section 2705-233 as follows:
 
10    (20 ILCS 2705/2705-233 new)
11    Sec. 2705-233. Design-build and construction
12manager-general contractor for the transportation
13infrastructure. The Department may exercise all powers granted
14to it under the Innovations for Transportation Infrastructure
15Act, including, but not limited to, the power to enter into all
16contracts or agreements necessary or incidental to the
17performance of its powers under that Act, and powers related to
18any transportation facility implemented under that Act.
 
19    Section 910. The Illinois Finance Authority Act is amended
20by adding Section 825-108 as follows:
 
21    (20 ILCS 3501/825-108 new)
22    Sec. 825-108. Transportation project financing. For the

 

 

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1purpose of financing a transportation facility undertaken
2under the Innovations for Transportation Infrastructure Act,
3the Authority may apply for an allocation of tax-exempt bond
4financing authorization provided by subsection (m) of Section
5142 of the United States Internal Revenue Code, as well as
6financing available under any other federal law or program.
 
7    Section 915. The Illinois Procurement Code is amended by
8adding Section 1-10.5 as follows:
 
9    (30 ILCS 500/1-10.5 new)
10    Sec. 1-10.5. Alternative Technical Concepts.
11Notwithstanding subsection (b) of Section 1-10 of this Code,
12the Department of Transportation and the Illinois State Toll
13Highway Authority may allow bidders and proposers to submit
14Alternative Technical Concepts in their bids and proposals,
15provided the Department or Authority determines that the
16Alternative Technical Concepts provide an equal or better
17solution than the underlying technical requirements applicable
18to the work. The Department and the Authority shall only use
19the Alternative Technical Concepts process for up to 3
20projects. If the Department or Authority allow bidders or
21proposers for a particular contract to submit Alternative
22Technical Concepts, the Department or Authority shall describe
23the process for Alternative Technical Concepts submission and
24evaluation in the procurement documents for that contract,

 

 

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1including the potential use of confidential meetings and the
2exchange of confidential information with bidders and
3proposers to review and discuss potential or proposed
4Alternative Technical Concepts.
 
5    Section 920. The Architectural, Engineering, and Land
6Surveying Qualifications Based Selection Act is amended by
7adding Section 85 as follows:
 
8    (30 ILCS 535/85 new)
9    Sec. 85. Design-build and construction manager-general
10contractor contracts. This Act shall not apply to the
11procurement of or contracting for transportation facilities
12using design-build contracts and construction manager-general
13contractor contracts under the Innovations for Transportation
14Infrastructure Act.
 
15    Section 925. The Employment of Illinois Workers on Public
16Works Act is amended by adding Section 2.8 as follows:
 
17    (30 ILCS 570/2.8 new)
18    Sec. 2.8. Design build and construction manager-general
19contractor contracts. This Act applies to any construction work
20undertaken under design build contracts and construction
21manager-general contractor contracts entered into under the
22Innovations for Transportation Infrastructure Act.
 

 

 

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1    Section 930. The Business Enterprise for Minorities,
2Females, and Persons with Disabilities Act is amended by adding
3Section 2.8 as follows:
 
4    (30 ILCS 575/2.8 new)
5    Sec. 2.8. Design build and construction manager-general
6contractor contracts. This Act applies to any construction work
7undertaken under design build contracts and construction
8manager-general contractor contracts entered into under the
9Innovations for Transportation Infrastructure Act.
 
10    Section 931. The Toll Highway Act is amended by adding
11Section 11.2 as follows:
 
12    (605 ILCS 10/11.2 new)
13    Sec. 11.2. Design-build and construction manager - general
14contractor contracts. The Authority may exercise all powers
15granted to it under the Innovations for Transportation
16Infrastructure Act, including, but not limited to, the power to
17enter into all contracts or agreements necessary to perform its
18powers under that Act, and any powers related to a
19transportation facility implemented under that Act.
 
20    Section 935. The Eminent Domain Act is amended by adding
21Section 15-5-48 as follows:
 

 

 

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1    (735 ILCS 30/15-5-48 new)
2    Sec. 15-5-48. Eminent domain powers in new Acts. The
3following provisions of law may include express grants of the
4power to acquire property by condemnation or eminent domain:
5    The Innovations for Transportation Infrastructure Act; for
6the purposes of constructing a transportation facility under
7the Act.
 
8    Section 940. The Prevailing Wage Act is amended by changing
9Section 2 as follows:
 
10    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
11    Sec. 2. This Act applies to the wages of laborers,
12mechanics and other workers employed in any public works, as
13hereinafter defined, by any public body and to anyone under
14contracts for public works. This includes any maintenance,
15repair, assembly, or disassembly work performed on equipment
16whether owned, leased, or rented.
17    As used in this Act, unless the context indicates
18otherwise:
19    "Public works" means all fixed works constructed or
20demolished by any public body, or paid for wholly or in part
21out of public funds. "Public works" as defined herein includes
22all projects financed in whole or in part with bonds, grants,
23loans, or other funds made available by or through the State or

 

 

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1any of its political subdivisions, including but not limited
2to: bonds issued under the Industrial Project Revenue Bond Act
3(Article 11, Division 74 of the Illinois Municipal Code), the
4Industrial Building Revenue Bond Act, the Illinois Finance
5Authority Act, the Illinois Sports Facilities Authority Act, or
6the Build Illinois Bond Act; loans or other funds made
7available pursuant to the Build Illinois Act; loans or other
8funds made available pursuant to the Riverfront Development
9Fund under Section 10-15 of the River Edge Redevelopment Zone
10Act; or funds from the Fund for Illinois' Future under Section
116z-47 of the State Finance Act, funds for school construction
12under Section 5 of the General Obligation Bond Act, funds
13authorized under Section 3 of the School Construction Bond Act,
14funds for school infrastructure under Section 6z-45 of the
15State Finance Act, and funds for transportation purposes under
16Section 4 of the General Obligation Bond Act. "Public works"
17also includes (i) all projects financed in whole or in part
18with funds from the Department of Commerce and Economic
19Opportunity under the Illinois Renewable Fuels Development
20Program Act for which there is no project labor agreement; (ii)
21all work performed pursuant to a public private agreement under
22the Public Private Agreements for the Illiana Expressway Act or
23the Public-Private Agreements for the South Suburban Airport
24Act; and (iii) all projects undertaken under a public-private
25agreement under the Public-Private Partnerships for
26Transportation Act; and (iv) all transportation facilities

 

 

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1undertaken under a design-build contract or a construction
2manager-general contractor contract under the Innovations for
3Transportation Infrastructure Act. "Public works" also
4includes all projects at leased facility property used for
5airport purposes under Section 35 of the Local Government
6Facility Lease Act. "Public works" also includes the
7construction of a new wind power facility by a business
8designated as a High Impact Business under Section 5.5(a)(3)(E)
9of the Illinois Enterprise Zone Act. "Public works" does not
10include work done directly by any public utility company,
11whether or not done under public supervision or direction, or
12paid for wholly or in part out of public funds. "Public works"
13also includes any corrective action performed pursuant to Title
14XVI of the Environmental Protection Act for which payment from
15the Underground Storage Tank Fund is requested. "Public works"
16does not include projects undertaken by the owner at an
17owner-occupied single-family residence or at an owner-occupied
18unit of a multi-family residence. "Public works" does not
19include work performed for soil and water conservation purposes
20on agricultural lands, whether or not done under public
21supervision or paid for wholly or in part out of public funds,
22done directly by an owner or person who has legal control of
23those lands.
24    "Construction" means all work on public works involving
25laborers, workers or mechanics. This includes any maintenance,
26repair, assembly, or disassembly work performed on equipment

 

 

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1whether owned, leased, or rented.
2    "Locality" means the county where the physical work upon
3public works is performed, except (1) that if there is not
4available in the county a sufficient number of competent
5skilled laborers, workers and mechanics to construct the public
6works efficiently and properly, "locality" includes any other
7county nearest the one in which the work or construction is to
8be performed and from which such persons may be obtained in
9sufficient numbers to perform the work and (2) that, with
10respect to contracts for highway work with the Department of
11Transportation of this State, "locality" may at the discretion
12of the Secretary of the Department of Transportation be
13construed to include two or more adjacent counties from which
14workers may be accessible for work on such construction.
15    "Public body" means the State or any officer, board or
16commission of the State or any political subdivision or
17department thereof, or any institution supported in whole or in
18part by public funds, and includes every county, city, town,
19village, township, school district, irrigation, utility,
20reclamation improvement or other district and every other
21political subdivision, district or municipality of the state
22whether such political subdivision, municipality or district
23operates under a special charter or not.
24    The terms "general prevailing rate of hourly wages",
25"general prevailing rate of wages" or "prevailing rate of
26wages" when used in this Act mean the hourly cash wages plus

 

 

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1annualized fringe benefits for training and apprenticeship
2programs approved by the U.S. Department of Labor, Bureau of
3Apprenticeship and Training, health and welfare, insurance,
4vacations and pensions paid generally, in the locality in which
5the work is being performed, to employees engaged in work of a
6similar character on public works.
7(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
898-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
97-16-14.)
 
10    Section 997. Severability. The provisions of this Act are
11severable under Section 1.31 of the Statute on Statutes.
 
12    Section 999. Effective date. This Act takes effect upon
13becoming law.".