Full Text of SB1647 98th General Assembly
SB1647sam001 98TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1647
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1647 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "ARTICLE 1. | 5 | | DESIGN-BUILD FOR TRANSPORTATION INFRASTRUCTURE ACT | 6 | | Section 1-1. Short title. This Act may be cited as the | 7 | | Design-Build for Transportation Infrastructure Act. | 8 | | Section 1-5. Legislative policy. | 9 | | (a) It is the public policy of the State of Illinois to | 10 | | promote the development of infrastructure projects that serve | 11 | | the needs of the public. | 12 | | (b) The design-build project delivery method has the | 13 | | potential to safely deliver infrastructure projects on more | 14 | | predictable schedules and budgets. Earlier completions and | 15 | | lower costs are possible with the ability to shift or share |
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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
| 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:
| 21 | | (30 ILCS 500/1-10)
| 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
| 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.
| 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:
| 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.
| 19 | | (2) Grants, except for the filing requirements of | 20 | | Section 20-80.
| 21 | | (3) Purchase of care.
| 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.
| 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.
| 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.
| 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
| 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.
| 24 | | (9) Procurement expenditures by the Illinois | 25 | | Conservation Foundation
when only private funds are used.
| 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.)
| 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:
| 3 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 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.
| 10 | | As used in this Act, unless the context indicates | 11 | | otherwise:
| 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
| 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.
| 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.
| 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.
| 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
| 15 | | respect to contracts for highway work with the Department of
| 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.
| 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,
| 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.
| 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
| 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.
| 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.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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