Full Text of SB3020 99th General Assembly
SB3020eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Innovations for Transportation Infrastructure Act. | 6 | | Section 5. Legislative policy.
| 7 | | (a) It is the public policy of the State of Illinois to | 8 | | promote the development of infrastructure projects that serve | 9 | | the needs of the public.
| 10 | | (b) The design-build project delivery method and | 11 | | Construction Manager/General Contractor project delivery | 12 | | method and use of Alternative Technical Concepts have the | 13 | | potential to capture private sector innovation and safely | 14 | | deliver infrastructure projects on more predictable schedules | 15 | | and budgets. Earlier completion and lower cost for projects are | 16 | | possible with the ability to shift or share risks with the | 17 | | private sector that are generally retained by the public in the | 18 | | conventional design-bid-build project delivery method.
| 19 | | (c) It is the intent of the General Assembly that the | 20 | | Department of Transportation and the Illinois State Toll | 21 | | Highway Authority may evaluate and use Alternative Technical | 22 | | Concepts proposed by bidders and proposers and to use the | 23 | | design-build project delivery method and Construction |
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| 1 | | Manager/General Contractor project delivery method.
| 2 | | (d) It is the intent of this Act to use design | 3 | | professionals, construction companies, and workers from this | 4 | | State to the greatest extent possible.
| 5 | | (e) The powers granted in this Act are in addition to any | 6 | | other powers authorized under applicable law. | 7 | | Section 10. Definitions. As used in this Act:
| 8 | | "Alternative Technical Concepts" means a proposed | 9 | | deviation from the contract technical requirements set forth in | 10 | | the procurement documents for a transportation facility that | 11 | | offers a solution that is equal or better than the requirements | 12 | | in the procurement documents.
| 13 | | "Authority" means the Illinois State Toll Highway | 14 | | Authority. | 15 | | "Best value" means any selection process in which proposals | 16 | | contain both price and qualitative components and award is | 17 | | based upon a combination of price, qualitative concepts, and | 18 | | other factors.
| 19 | | "Chief procurement officer" means the chief procurement | 20 | | officer for the Transportation Agency.
| 21 | | "Construction Manager/General Contractor" means a proposer | 22 | | that has entered into a Construction Manager/General | 23 | | Contractor contract under this Act.
| 24 | | "Construction Manager/General Contractor contract" means | 25 | | the two-phase contract between the Transportation Agency and a |
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| 1 | | Construction Manager/General Contractor, which includes a | 2 | | first phase addressing preconstruction services and a second | 3 | | phase addressing the construction of the transportation | 4 | | facility.
| 5 | | "Construction Manager/General Contractor project delivery | 6 | | method" means a method of procurement and contracting that | 7 | | makes a Construction Manager/General Contractor who enters | 8 | | into a contract with the Transportation Agency responsible for | 9 | | certain preconstruction services and then, if the parties reach | 10 | | agreement on key terms, responsible for construction of the | 11 | | transportation facility.
| 12 | | "Department" means the Illinois Department of | 13 | | Transportation.
| 14 | | "Design-bid-build project delivery method" means the | 15 | | traditional method of procuring and contracting for design | 16 | | services and construction services used separately in this | 17 | | State, which incorporates the Architectural, Engineering, and | 18 | | Land Surveying Qualifications Based Selection Act and the | 19 | | principles of competitive bidding under the Illinois | 20 | | Procurement Code.
| 21 | | "Design-build contract" means a contract between the | 22 | | Transportation Agency and a design-builder under which the | 23 | | design-builder agrees to furnish architectural, surveying, | 24 | | engineering, construction, and related services for a | 25 | | transportation facility.
| 26 | | "Design-build project delivery method" means a method of |
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| 1 | | procurement and contracting that provides responsibility | 2 | | within a single contract between the Transportation Agency and | 3 | | a design-builder for the furnishing of architectural, | 4 | | surveying, engineering, construction, and related services for | 5 | | a transportation facility.
| 6 | | "Design-builder" means a proposer that has entered into a | 7 | | design-build contract with the Transportation Agency under | 8 | | this Act.
| 9 | | "Evaluation Committee" means the committee assembled to | 10 | | evaluate and score statements of qualifications and proposals.
| 11 | | "Evaluation criteria" means the standards and requirements | 12 | | established by the Transportation Agency against which the | 13 | | qualifications and proposals of a proposer will be assessed | 14 | | during the procurement of a design-build contract or | 15 | | Construction Manager/General Contractor contract, as | 16 | | applicable.
| 17 | | "Executive Director" means the Executive Director of the | 18 | | Illinois State Toll Highway Authority. | 19 | | "Metropolitan planning organization" means a metropolitan | 20 | | planning organization under 23 U.S.C. 134 whose metropolitan | 21 | | planning area boundaries are partially or completely within | 22 | | this State.
| 23 | | "Preconstruction services" means all | 24 | | non-construction-related services that a Construction | 25 | | Manager/General Contractor is required to perform during the | 26 | | first phase of a Construction Manager/General Contractor |
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| 1 | | contract, which may include, but is not limited to, giving | 2 | | advice to the Transportation Agency regarding scheduling, work | 3 | | sequencing, cost engineering, constructability, cost | 4 | | estimating, and risk identification.
| 5 | | "Proposal" means a proposer's response to a request for | 6 | | proposals.
| 7 | | "Proposer" means any individual, sole proprietorship, | 8 | | firm, partnership, joint venture, corporation, professional | 9 | | corporation, or other entity legally established to conduct | 10 | | business in this State that proposes to be the design-builder | 11 | | or Construction Manager/General Contractor for any | 12 | | transportation facility under this Act. | 13 | | "Qualifications" means a statement of qualifications | 14 | | submitted by a proposer in response to a request for | 15 | | qualifications.
| 16 | | "Request for proposals" means the document issued by the | 17 | | Transportation Agency to solicit proposals and describe the | 18 | | procurement process for a design-build contract or | 19 | | Construction Manager/General Contractor contract in accordance | 20 | | with the design-build project delivery method or the | 21 | | Construction Manager/General Contractor project delivery | 22 | | method, as applicable.
| 23 | | "Request for qualifications" means the document issued by | 24 | | the Transportation Agency in the first phase of a two-phase | 25 | | procurement to solicit qualifications from proposers in | 26 | | accordance with the design-build project delivery method or the |
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| 1 | | Construction Manager/General Contractor project delivery | 2 | | method, as applicable.
| 3 | | "Scope and performance requirements" means the activities, | 4 | | constructed elements, and standards of performance the | 5 | | Transportation Agency requires the design-builder or the | 6 | | Construction Manager/General Contractor to comply with in the | 7 | | development of the transportation facility, which may include, | 8 | | but is not be limited to, the intended usage, capacity, size, | 9 | | scope, quality and performance standards, life-cycle costs, | 10 | | preliminary engineering, design, and other requirements as | 11 | | developed and determined by the Transportation Agency.
| 12 | | "Secretary" means the Secretary of the Illinois Department | 13 | | of Transportation.
| 14 | | "Transportation Agency" means the Illinois Department of | 15 | | Transportation or the Illinois State Toll Highway Authority. | 16 | | "Transportation facility" means any new or existing | 17 | | facility or group of facilities that are the subject of a | 18 | | design-build contract or a Construction Manager/General | 19 | | Contractor contract, and which may include highways, roads, | 20 | | bridges, tunnels, overpasses, bus ways, guideways, ferries, | 21 | | airports or other aviation facilities, public transportation | 22 | | facilities, vehicle parking facilities, port facilities, rail | 23 | | facilities, stations, hubs, terminals, intermodal facilities, | 24 | | transit facilities, or similar facilities used for the | 25 | | transportation of persons or goods, together with any | 26 | | buildings, structures, parking areas, appurtenances, |
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| 1 | | intelligent transportation systems, and other property or | 2 | | facilities related to the operation or maintenance of these | 3 | | facilities.
| 4 | | Section 15. Authorization of project delivery methods.
| 5 | | (a) Notwithstanding any other law, and as authority | 6 | | supplemental to its existing powers, the Transportation | 7 | | Agency, in accordance with this Act, may use the design-build | 8 | | project delivery method for transportation facilities, | 9 | | provided that the capital costs for transportation facilities | 10 | | delivered utilizing the design-build project delivery method | 11 | | or Construction Manager/General Contractor project delivery | 12 | | method or Alternative Technical Concepts in a design-bid-build | 13 | | project delivery method do not: (i) for transportation | 14 | | facilities delivered by the Department, exceed 20% of the | 15 | | Department's multi-year highway improvement program for any | 16 | | 5-year period with no one year period exceeding 30%; or (ii) | 17 | | for transportation facilities delivered by the Authority, | 18 | | exceed 20% of the Authority's annual improvement program. The | 19 | | Transportation Agency shall make this calculation prior to | 20 | | commencing the procurement. Notwithstanding any other law, and | 21 | | as authority supplemental to its existing power, the | 22 | | Department, in accordance with this Act, may use the | 23 | | Construction Manager/General Contractor project delivery | 24 | | method for up to 2 transportation facilities. Prior to | 25 | | commencing a procurement under this Act for either a |
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| 1 | | design-build contract or a Construction Manager/General | 2 | | Contractor contract, the Transportation Agency shall first | 3 | | undertake an analysis and make a written determination that it | 4 | | is in the best interests of this State to utilize the selected | 5 | | delivery method for that transportation facility. The analysis | 6 | | and determination shall discuss the design-build project | 7 | | delivery method or Construction Manager/General Contractor | 8 | | project delivery method's impact on the anticipated schedule, | 9 | | completion date, and project costs. The best interests of the | 10 | | State analysis shall be made available to the public.
| 11 | | (b) The Transportation Agency shall report to the General | 12 | | Assembly annually for the first 5 years after the effective | 13 | | date of this Act on the progress of procurements and | 14 | | transportation facilities procured under this Act. | 15 | | Section 20. Preconditions to commencement of procurement.
| 16 | | If the Transportation Agency determines to use the | 17 | | design-build project delivery method or the Construction | 18 | | Manager/General Contractor project delivery method for a | 19 | | particular transportation facility, the Transportation Agency | 20 | | may not commence a procurement for the transportation facility | 21 | | until the Transportation Agency has satisfied the requirements | 22 | | of both paragraphs (1) and (2) of this Section: | 23 | | (1) the Transportation Agency does one of the following: | 24 | | (A) the Transportation Agency includes the | 25 | | transportation facility in the Transportation Agency's |
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| 1 | | respective multi-year highway
improvement program and | 2 | | designates it as a design-build project delivery method | 3 | | project or Construction Manager/General Contractor | 4 | | project; | 5 | | (B) the Transportation Agency has issued a notice of | 6 | | intent to receive qualifications, that includes a | 7 | | description of the proposed procurement and transportation | 8 | | facility, at least 14 days prior to the issuance of the | 9 | | request for qualifications, and for a Department issued | 10 | | notice of intent shall publish the notice in the Illinois | 11 | | Transportation Procurement Bulletin and for an Authority | 12 | | issued notice of intent shall publish the notice in the | 13 | | Illinois Procurement Bulletin; or | 14 | | (C) for a single phase procurement authorized under | 15 | | subsection (a) of Section 25 of this Act, the | 16 | | Transportation Agency has issued a notice of intent to | 17 | | receive proposals, that includes a description of the | 18 | | proposed procurement and transportation facility, at least | 19 | | 14 days prior to the issuance of the request for proposals, | 20 | | for a Department issued notice of intent shall publish the | 21 | | notice in the Illinois Transportation Procurement Bulletin | 22 | | and for an Authority issued notice of intent shall publish | 23 | | the notice in the Illinois Procurement Bulletin; and | 24 | | (2) the Transportation Agency shall use its best efforts to | 25 | | ensure that the transportation facility is consistent with the | 26 | | regional plan in existence at the time of any metropolitan |
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| 1 | | planning organization in which the boundaries of the | 2 | | transportation facility is located, or any other | 3 | | publicly-approved plan. | 4 | | Section 25. Procurement process.
| 5 | | (a) The Transportation Agency may solicit a proposer with | 6 | | which to enter into a design-build contract or Construction | 7 | | Manager/General Contractor contract, as applicable, by using, | 8 | | without limitation, one or more requests for qualifications, | 9 | | short-listing of the most highly qualified proposers, requests | 10 | | for proposals, and negotiations. The Transportation Agency | 11 | | shall use a two-phase procurement for a design-build contract | 12 | | to select the successful proposer; provided that the | 13 | | Transportation Agency may use a single phase procurement if the | 14 | | transportation facility is estimated to cost less than | 15 | | $5,000,000 or the Secretary or the Executive Director makes a | 16 | | written determination that the Transportation Agency may use a | 17 | | single phase procurement for a particular transportation | 18 | | facility. In a two-phase procurement, the Transportation | 19 | | Agency shall use the first phase to evaluate and short-list the | 20 | | most highly qualified proposers based on a proposer's | 21 | | qualifications, and then use the second phase to evaluate and | 22 | | select a proposer based on proposals submitted by the | 23 | | short-listed proposers. During the first phase of a two-phase | 24 | | procurement, the Transportation Agency shall not consider | 25 | | price proposals to make its short-list decision. In a single |
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| 1 | | phase procurement, the Transportation Agency shall solicit | 2 | | proposers with a request for proposals, and shall evaluate and | 3 | | select a proposer based on those proposals.
| 4 | | (b) The request for qualifications may contain any | 5 | | information deemed appropriate by the Transportation Agency | 6 | | including, without limitation, the following information:
| 7 | | (1) the anticipated scope of work for the | 8 | | transportation facility;
| 9 | | (2) a requirement that the proposer identify certain | 10 | | key personnel, and for design-build contracts certain key | 11 | | firms, the experience of the personnel and firms, and the | 12 | | conditions on which identified personnel and firms can be | 13 | | replaced;
| 14 | | (3) the evaluation criteria for the qualifications and | 15 | | the relative importance of those criteria; these | 16 | | evaluation criteria may address, without limitation, the | 17 | | proposer's technical and financial qualifications, such as | 18 | | specialized experience, technical competence, capability | 19 | | to perform, financial capacity, the proposer's workload, | 20 | | local office presence, past performance, including the | 21 | | proposer's safety record, and any other | 22 | | qualifications-based factors;
| 23 | | (4) the Transportation Agency's prequalification, | 24 | | licensing, and registration requirements, including any | 25 | | requirements from the Professional Engineering Practice | 26 | | Act of 1989, the Illinois Architecture Practice Act of |
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| 1 | | 1989, the Structural Engineering Practice Act of 1989, and | 2 | | the Illinois Professional Land Surveyor Act of 1989, | 3 | | provided that nothing contained herein precludes the | 4 | | Transportation Agency's use of additional prequalification | 5 | | criteria or pass/fail evaluation factors addressing | 6 | | minimum levels of technical experience or financial | 7 | | 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 the Transportation | 11 | | Agency deems appropriate.
| 12 | | (c) Upon completion of the qualifications evaluation, the | 13 | | Transportation Agency shall, based on the evaluation criteria | 14 | | set forth in the request for qualifications, create a | 15 | | short-list of the most highly qualified proposers. The | 16 | | Transportation Agency shall short-list no more than 5 and no | 17 | | fewer than 2 of the most highly qualified proposers. | 18 | | Notwithstanding other provisions of this subsection (c), the | 19 | | Transportation Agency may short-list fewer than 2 proposers if | 20 | | the Secretary or the Executive Director make a finding that an | 21 | | emergency situation justifies the limited short-listing and | 22 | | fewer than 2 proposers meet any applicable prequalification or | 23 | | pass/fail requirements set forth in the request for | 24 | | qualifications.
| 25 | | (d) The request for proposals may contain any information | 26 | | deemed appropriate by the Transportation Agency including, |
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| 1 | | without limitation, the following information:
| 2 | | (1) the form and amount of required bid security;
| 3 | | (2) the terms of the design-build contract or | 4 | | Construction Manager/General Contractor contract | 5 | | including, but not limited to, scope and performance | 6 | | requirements, schedule or completion date requirements, | 7 | | subcontractor requirements, payment and performance | 8 | | security requirements, and insurance requirements;
| 9 | | (3) the requirements for the technical component of the | 10 | | proposal, including a description of the level of design, | 11 | | scope and type of renderings, drawings, and specifications | 12 | | to be provided in the proposals;
| 13 | | (4) the requirements for the price component of the | 14 | | proposal, which for Construction Manager/General | 15 | | Contractor contracts may include a requirement for the | 16 | | proposer to submit a lump sum price for the direct costs to | 17 | | perform the required preconstruction services and | 18 | | percentage mark-up on those direct costs;
| 19 | | (5) the evaluation criteria for the proposals, | 20 | | including technical criteria, innovation, and schedule, | 21 | | and the relative importance of those criteria, as the | 22 | | Transportation Agency deems appropriate; | 23 | | (6) a process for the Transportation Agency to review | 24 | | and accept Alternative Technical Concepts;
| 25 | | (7) requirements regarding the proposer's | 26 | | qualifications; and
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| 1 | | (8) any other relevant information the Transportation | 2 | | Agency deems appropriate.
| 3 | | (e) Prior to the proposers' submittal of proposals, the | 4 | | Transportation Agency may conduct confidential meetings and | 5 | | exchange confidential information with proposers to promote | 6 | | understanding of the request for proposals, review Alternative | 7 | | Technical Concepts, or discuss other issues related to the | 8 | | procurement.
| 9 | | (f) The date proposals are due must be at least 28 calendar | 10 | | days after the date the Transportation Agency first issues the | 11 | | request for proposals.
| 12 | | (g) The Transportation Agency may offer to pay a stipend in | 13 | | an amount and on the terms and conditions determined by the | 14 | | Transportation Agency and as set forth in the request for | 15 | | proposals to: (1) all short-listed proposers if the | 16 | | Transportation Agency cancels the procurement before the due | 17 | | date for proposals; or (2) each unsuccessful proposer that | 18 | | submits a responsive proposal. The Transportation Agency may | 19 | | pay a stipend only to those proposers who grant to the | 20 | | Transportation Agency the right to use any work product | 21 | | contained in the unsuccessful proposer's proposal and other | 22 | | proposal-related submissions or, if the Transportation Agency | 23 | | cancels the procurement before the due date for proposals, any | 24 | | work product developed prior to cancellation, including | 25 | | technologies, techniques, methods, processes, and information | 26 | | contained in the recipient's design for the transportation |
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| 1 | | facility.
| 2 | | (h) The Transportation Agency shall, as appropriate | 3 | | depending on whether the transportation facility includes | 4 | | building facilities, directly employ or retain a professional | 5 | | engineer or engineers licensed in this State or a licensed | 6 | | architect or architects, or both engineers licensed in this | 7 | | State and licensed architects, to prepare the scope and assist | 8 | | in the evaluation of the proposals' technical submissions under | 9 | | a design-build project delivery method. The professional | 10 | | engineers and licensed architects performing these services | 11 | | are generally precluded from participating in the procurement | 12 | | of the transportation facility at issue as a member of a | 13 | | proposer team.
| 14 | | (i) The Transportation Agency shall have the right to | 15 | | reject any and all qualifications or proposals, including, but | 16 | | not limited to, the right to reject any qualifications or | 17 | | proposals as non-responsive if, in the Transportation Agency's | 18 | | sole discretion, the qualifications or proposals do not meet | 19 | | all material requirements of the request for qualifications or | 20 | | request for proposals, as appropriate. The Transportation | 21 | | Agency shall not consider a proposal that does not include: | 22 | | (1) the proposer's plan to comply with requirements | 23 | | established by the Transportation Agency regarding | 24 | | utilization of business enterprises, including | 25 | | disadvantaged business enterprises; or | 26 | | (2) bid security in the form and amount designated in |
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| 1 | | the request for proposals. | 2 | | (j) The Transportation Agency shall consult with the | 3 | | appropriate chief procurement officer on the design-build | 4 | | project delivery method and the Construction Manager/General | 5 | | Contractor project delivery method procurement processes, and | 6 | | the Secretary or the Executive Director, in consultation with | 7 | | the chief procurement officer, shall determine which | 8 | | procedures to adopt and apply to the design-build project | 9 | | delivery method and Construction Manager/General Contractor | 10 | | project delivery method procurement processes in order to | 11 | | ensure an open, transparent, and efficient process that | 12 | | accomplishes the purposes of this Act.
| 13 | | Section 30. Evaluation committee. | 14 | | (a) The Transportation Agency shall establish one or more | 15 | | evaluation committees to assist in selecting a design-builder | 16 | | and a Construction Manager/General Contractor. The | 17 | | Transportation Agency shall, in its sole discretion, determine | 18 | | the appropriate size and composition of the evaluation | 19 | | committee, provided that at least half of the committee must be | 20 | | licensed design professionals.
| 21 | | (b) The Transportation Agency may establish an evaluation | 22 | | committee for a set term or for the procurement of a particular | 23 | | transportation facility.
| 24 | | (c) Once the Transportation Agency identifies the | 25 | | proposers for a transportation facility, each member of an |
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| 1 | | evaluation committee must certify that no conflict of interest | 2 | | exists between the member and the proposers. If the | 3 | | Transportation Agency, after consultation with the chief | 4 | | procurement officer, determines that an actual conflict | 5 | | exists, the member shall not participate on the evaluation | 6 | | committee for that procurement and the Transportation Agency | 7 | | shall appoint a replacement member on either a permanent or | 8 | | temporary basis. | 9 | | Section 35. Procedures for selection. The Transportation | 10 | | Agency shall review, evaluate, score, and rank proposals and | 11 | | determine which proposal offers the best value to the public | 12 | | based on the evaluation criteria set forth in the request for | 13 | | proposals. The Transportation Agency shall award the contract | 14 | | based on this determination. Notwithstanding other provisions | 15 | | of this Section, if for any reason the proposer awarded the | 16 | | contract is unable or unwilling to execute the contract, | 17 | | including the failure of the proposer and the Transportation | 18 | | Agency to successfully complete negotiations, if any, of the | 19 | | contract, the Transportation Agency may award the contract to | 20 | | the proposer whose proposal the Transportation Agency | 21 | | determines offers the public the next best value. | 22 | | Section 40. Project records; confidentiality; public | 23 | | disclosure.
| 24 | | (a) The Transportation Agency shall maintain all written |
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| 1 | | decisions, qualification and proposal evaluations, scoring | 2 | | documents, selection evaluations, proposals, and procurement | 3 | | documents in a procurement file maintained by the | 4 | | Transportation Agency.
| 5 | | (b) A proposer may identify those portions of a proposal or | 6 | | other submission that the proposer considers to be trade | 7 | | secrets or confidential, commercial, financial, or proprietary | 8 | | information. To consider confidential and proprietary | 9 | | information, including trade secrets, to be exempt from | 10 | | disclosure, the proposer shall do all of the following:
| 11 | | (1) request exclusion from disclosure upon submission | 12 | | of the information or other materials for which protection | 13 | | is sought;
| 14 | | (2) identify the data or other materials for which | 15 | | protection is sought;
| 16 | | (3) state the statutory or regulatory basis for the | 17 | | protection;
| 18 | | (4) fully comply with the federal Freedom of | 19 | | Information Act and any other applicable provisions of | 20 | | State law, including, but not limited to, the Freedom of | 21 | | Information Act, with respect to information the proposer | 22 | | contends should be exempt from disclosure; and
| 23 | | (5) certify if the information is in accordance with | 24 | | the protection of the Illinois Trade Secrets Act.
| 25 | | (c) Notwithstanding any other provision of law, in order to | 26 | | properly balance the need to maximize competition under this |
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| 1 | | Act with the need to create a transparent procurement process, | 2 | | the qualifications, proposals, and other information and | 3 | | documents submitted by proposers and the Transportation | 4 | | Agency's evaluation records shall not be subject to release or | 5 | | disclosure by the Transportation Agency until execution of the | 6 | | design-build contract or Construction Manager/General | 7 | | Contractor contract, as applicable. If the Transportation | 8 | | Agency terminates the procurement for a transportation | 9 | | facility, the exemption from release or disclosure under this | 10 | | Section shall remain in place until the Transportation Agency | 11 | | re-procures the transportation facility and has entered into a | 12 | | design-build contract or Construction Manager/General | 13 | | Contractor contract, as applicable. However, this exemption | 14 | | shall lapse if the Transportation Agency does not commence the | 15 | | re-procurement of the transportation facility within 5 years of | 16 | | the termination.
| 17 | | Section 45. Design-build contract.
A design-build contract | 18 | | may include any provisions the Transportation Agency | 19 | | determines are necessary or appropriate, including, but not | 20 | | limited to, provisions regarding the following:
| 21 | | (1) compensation or payments to the design-builder;
| 22 | | (2) grounds for termination of the design-build | 23 | | contract, including the Transportation Agency's right to | 24 | | terminate for convenience;
| 25 | | (3) liability for damages and nonperformance;
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| 1 | | (4) events of default and the rights and remedies | 2 | | available to the design-builder and the Transportation | 3 | | Agency in the event of a default or delay;
| 4 | | (5) the identification of any technical specifications | 5 | | that the design-builder must comply with when developing | 6 | | plans or performing construction work;
| 7 | | (6) the procedures for review and approval of the | 8 | | design-builder's plans;
| 9 | | (7) required performance and payment security;
| 10 | | (8) the terms and conditions of indemnification and | 11 | | minimum insurance requirements; and
| 12 | | (9) any other terms and conditions the Transportation | 13 | | Agency deems necessary. | 14 | | Section 50. Construction Manager/General Contractor | 15 | | contract.
| 16 | | (a) The Construction Manager/General Contractor contract | 17 | | shall divide the Construction Manager/General Contractor | 18 | | services into 2 phases. The first phase shall address | 19 | | preconstruction services and the procedures the parties shall | 20 | | follow to finalize the contract terms for the second phase. The | 21 | | second phase shall address the Construction Manager/General | 22 | | Contractor's construction of the transportation facility for a | 23 | | lump sum or a guaranteed maximum price.
| 24 | | (b) A Construction Manager/General Contractor contract | 25 | | shall include provisions regarding the following:
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| 1 | | (1) the Construction Manager/General Contractor's | 2 | | provision of preconstruction services during the first | 3 | | phase of the contract, including the Construction | 4 | | Manager/General Contractor's compensation for those | 5 | | services;
| 6 | | (2) a requirement that, during the first phase of the | 7 | | contract, the Construction Manager/General Contractor | 8 | | shall use a competitive bidding process to procure | 9 | | subcontracts for at least the minimum percentage of | 10 | | construction work specified in the request for proposals, | 11 | | provided that: | 12 | | (A) compliance with this requirement shall be | 13 | | based on an estimated cost for the construction work | 14 | | approved by the Transportation Agency prior to the | 15 | | start of the competitive bidding process; and | 16 | | (B) the Construction Manager/General Contractor | 17 | | may not use subcontracts with its wholly or partially | 18 | | owned subsidiaries, parent companies, or affiliates to | 19 | | satisfy this obligation;
| 20 | | (3) the process the Transportation Agency and the | 21 | | Construction Manager/General Contractor shall use to | 22 | | determine a lump sum or guaranteed maximum price for the | 23 | | construction work, which shall include a requirement that | 24 | | the Transportation Agency conduct an independent cost | 25 | | estimate for the construction work; and
| 26 | | (4) grounds for termination of the Construction |
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| 1 | | Manager/General Contractor contract, including the | 2 | | Transportation Agency's right to terminate the contract | 3 | | and not proceed with the construction phase of the project | 4 | | if the Transportation Agency and the Construction | 5 | | Manager/General Contractor are unable to negotiate a lump | 6 | | sum or guaranteed maximum price for the construction work.
| 7 | | (c) In addition to the provisions under subsection (b) of | 8 | | this Section, a Construction Manager/General Contractor | 9 | | contract may include any other provisions the Transportation | 10 | | Agency determines are necessary or appropriate, including, but | 11 | | not limited to, provisions regarding the following:
| 12 | | (1) liability for damages and nonperformance;
| 13 | | (2) events of default and the rights and remedies | 14 | | available to the Construction Manager/General Contractor | 15 | | and the Transportation Agency in the event of a default or | 16 | | delay;
| 17 | | (3) the identification of any technical specifications | 18 | | that the Construction Manager/General Contractor must | 19 | | comply with when aiding the Transportation Agency with | 20 | | developing plans or performing construction work;
| 21 | | (4) required performance and payment security for the | 22 | | construction phase of the contract;
| 23 | | (5) the terms and conditions of indemnification and | 24 | | minimum insurance requirements; and
| 25 | | (6) any other terms and conditions the Transportation | 26 | | Agency deems necessary.
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| 1 | | (d) If the Construction Manager/General Contractor | 2 | | contract is terminated for any reason, the Transportation | 3 | | Agency may, in its sole discretion, re-advertise the | 4 | | Construction Manager/General Contractor contract under this | 5 | | Act or use any other authorized procurement method to complete | 6 | | the transportation facility or any portion of the | 7 | | transportation facility. Once the contract is terminated, the | 8 | | Transportation Agency may use any work product developed by the | 9 | | Construction Manager/General Contractor to complete the | 10 | | transportation facility.
| 11 | | Section 55. Funding and financing.
| 12 | | (a) The Transportation Agency may utilize any lawful source | 13 | | of funding and financing to compensate a design-builder and | 14 | | Construction Manager/General Contractor for work and services | 15 | | performed under a design-build contract or Construction | 16 | | Manager/General Contractor contract, as applicable, and the | 17 | | Transportation Agency may combine federal, State, local, and | 18 | | private funds to finance a transportation facility.
| 19 | | (b) Subject to appropriation by the General Assembly of the | 20 | | required amounts, the Transportation Agency may obligate and | 21 | | make expenditures of funds as and when needed to satisfy its | 22 | | payment obligations under a design-build contract or | 23 | | Construction Manager/General Contractor contract.
| 24 | | Section 56. Utilization requirements. Design-builder and |
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| 1 | | Construction Manager/General Contractor projects shall comply | 2 | | with Section 2-105 of the Illinois Human Rights Act and all | 3 | | applicable laws and rules that establish standards and | 4 | | procedures for the utilization of minority, disadvantaged, and | 5 | | female-owned businesses, including, but not limited to, the | 6 | | Business Enterprise for Minorities, Females, and Persons with | 7 | | Disabilities Act. | 8 | | Section 60. Acquisition of property and related | 9 | | agreements. The Transportation Agency may exercise any and all | 10 | | powers of condemnation or eminent domain, including quick-take | 11 | | powers, to acquire lands or estates or interests in land for a | 12 | | transportation facility under this Act to the extent the | 13 | | Transportation Agency finds that the action serves the public | 14 | | purpose of this Act and deems the action appropriate in the | 15 | | exercise of its powers under this Act. In addition, the | 16 | | Transportation Agency and a design-builder or Construction | 17 | | Manager/General Contractor may enter into leases, licenses, | 18 | | easements, and other grants of property interests that the | 19 | | Transportation Agency determines are necessary to deliver a | 20 | | transportation facility under this Act. | 21 | | Section 65. Federal requirements. In the procurement of | 22 | | design-build contracts and Construction Manager/General | 23 | | Contractor contracts, the Transportation Agency shall, to the | 24 | | extent applicable, comply with federal law and regulations and |
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| 1 | | take all necessary steps to adapt its rules, policies, and | 2 | | procedures to remain eligible for federal aid. | 3 | | Section 70. Powers. The powers granted to the | 4 | | Transportation Agency under this Act, including the power to | 5 | | procure and enter into design-build contracts and Construction | 6 | | Manager/General Contractor contracts, shall be liberally | 7 | | construed to accomplish its purpose, are in addition to any | 8 | | existing powers of the Transportation Agency, and shall not | 9 | | affect or impair any other powers authorized under applicable | 10 | | law. | 11 | | Section 75. Rulemaking. | 12 | | (a) The Illinois Administrative Procedure Act applies to | 13 | | all administrative rules and procedures of the Transportation | 14 | | Agency under this Act, except that nothing in this Act shall be | 15 | | construed to render any prequalification or other | 16 | | responsibility criteria as a "license" or "licensing" under | 17 | | that Act. | 18 | | (b) The appropriate chief procurement officer, in | 19 | | consultation with the Transportation Agency, may adopt rules to | 20 | | carry out the provisions of this Act. | 21 | | Section 905. The Department of Transportation Law of the
| 22 | | Civil Administrative Code of Illinois is amended by adding | 23 | | Section 2705-233 as follows: |
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| 1 | | (20 ILCS 2705/2705-233 new) | 2 | | Sec. 2705-233. Design-build and Construction | 3 | | Manager/General Contractor for the transportation | 4 | | infrastructure. The Department may exercise all powers granted | 5 | | to it under the Innovations for Transportation Infrastructure | 6 | | Act, including, but not limited to, the power to enter into all | 7 | | contracts or agreements necessary or incidental to the | 8 | | performance of its powers under that Act, and powers related to | 9 | | any transportation facility implemented under that Act. | 10 | | Section 910. The Illinois Finance Authority Act is amended | 11 | | by adding Section 825-108 as follows: | 12 | | (20 ILCS 3501/825-108 new) | 13 | | Sec. 825-108. Transportation project financing. For the | 14 | | purpose of financing a transportation facility undertaken | 15 | | under the Innovations for Transportation Infrastructure Act, | 16 | | the Authority may apply for an allocation of tax-exempt bond | 17 | | financing authorization provided by subsection (m) of Section | 18 | | 142 of the United States Internal Revenue Code, as well as | 19 | | financing available under any other federal law or program. | 20 | | Section 915. The Illinois Procurement Code is amended by | 21 | | adding Section 1-10.5 as follows: |
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| 1 | | (30 ILCS 500/1-10.5 new) | 2 | | Sec. 1-10.5. Alternative Technical Concepts. | 3 | | Notwithstanding subsection (b) of Section 1-10 of this Code, | 4 | | the Department of Transportation and the Illinois State Toll | 5 | | Highway Authority may allow bidders and proposers to submit | 6 | | Alternative Technical Concepts in their bids and proposals, | 7 | | provided the Department or Authority determines that the | 8 | | Alternative Technical Concepts provide an equal or better | 9 | | solution than the underlying technical requirements applicable | 10 | | to the work. Notwithstanding the above, for projects the | 11 | | Department or Authority delivers using the design-bid-build | 12 | | project delivery method, the Department or Authority shall only | 13 | | use the Alternative Technical Concepts process for up to 3 | 14 | | projects. If the Department or Authority allows bidders or | 15 | | proposers for a particular contract to submit Alternative | 16 | | Technical Concepts, the Department or Authority shall describe | 17 | | the process for submission and evaluation of Alternative | 18 | | Technical Concepts in the procurement documents for that | 19 | | contract, including the potential use of confidential meetings | 20 | | and the exchange of confidential information with bidders and | 21 | | proposers to review and discuss potential or proposed | 22 | | Alternative Technical Concepts. For the purposes of this | 23 | | Section, the terms "Alternative Technical Concepts" and | 24 | | "design-bid-build project delivery method" have the meanings | 25 | | ascribed to those terms in the Innovations for Transportation | 26 | | Infrastructure Act. |
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| 1 | | Section 920. The Architectural, Engineering, and Land | 2 | | Surveying
Qualifications Based Selection Act is amended by | 3 | | adding Section 85 as follows: | 4 | | (30 ILCS 535/85 new) | 5 | | Sec. 85. Design-build and Construction Manager/General | 6 | | Contractor contracts. This Act shall not apply to the | 7 | | procurement of or contracting for transportation facilities | 8 | | using design-build contracts and Construction Manager/General | 9 | | Contractor contracts under the Innovations for Transportation | 10 | | Infrastructure Act. | 11 | | Section 925. The Public Construction Bond Act is amended by | 12 | | adding Section 1.9 as follows: | 13 | | (30 ILCS 550/1.9 new) | 14 | | Sec. 1.9. Design-build contracts and Construction | 15 | | Manager/General Contractor contracts. This Act applies to any | 16 | | design-build contract or Construction Manager/General | 17 | | Contractor contract entered into under the Innovations for | 18 | | Transportation Infrastructure Act. | 19 | | Section 930. The Employment of Illinois Workers on Public | 20 | | Works Act is amended by adding Section 2.8 as follows: |
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| 1 | | (30 ILCS 570/2.8 new) | 2 | | Sec. 2.8. Design build and Construction Manager/General | 3 | | Contractor contracts. This Act applies to any design build | 4 | | contracts and Construction Manager/General Contractor | 5 | | contracts entered into under the Innovations for | 6 | | Transportation Infrastructure Act. | 7 | | Section 931. The Business Enterprise for Minorities, | 8 | | Females, and Persons with
Disabilities Act is amended by adding | 9 | | Section 2.8 as follows: | 10 | | (30 ILCS 575/2.8 new) | 11 | | Sec. 2.8. Design build and Construction Manager/General | 12 | | Contractor contracts. This Act applies to any design-build | 13 | | contracts and Construction Manager/General Contractor | 14 | | contracts entered into under the Innovations for | 15 | | Transportation Infrastructure Act. | 16 | | Section 935. The Toll Highway Act is amended by adding | 17 | | Section 11.2 as follows: | 18 | | (605 ILCS 10/11.2 new) | 19 | | Sec. 11.2. Design-build and Construction Manager/General | 20 | | Contractor contracts. The Authority may exercise all powers | 21 | | granted to it under the Innovations for Transportation | 22 | | Infrastructure Act, including, but not limited to, the power to |
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| 1 | | enter into all contracts or agreements necessary to perform its | 2 | | powers under that Act, and any powers related to a | 3 | | transportation facility implemented under that Act. | 4 | | Section 940. The Eminent Domain Act is amended by adding | 5 | | Section 15-5-48 as follows: | 6 | | (735 ILCS 30/15-5-48 new) | 7 | | Sec. 15-5-48. Eminent domain powers in new Acts. The | 8 | | following provisions of law may include express grants of the | 9 | | power to acquire property by condemnation or eminent domain: | 10 | | The Innovations for Transportation Infrastructure Act; for | 11 | | the purposes of constructing a transportation facility under | 12 | | the Act. | 13 | | Section 945. The Prevailing Wage Act is amended by changing | 14 | | Section 2 as follows:
| 15 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 16 | | Sec. 2. This Act applies to the wages of laborers, | 17 | | mechanics and
other workers employed in any public works, as | 18 | | hereinafter defined, by
any public body and to anyone under | 19 | | contracts for public works. This includes any maintenance, | 20 | | repair, assembly, or disassembly work performed on equipment | 21 | | whether owned, leased, or rented.
| 22 | | As used in this Act, unless the context indicates |
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| 1 | | otherwise:
| 2 | | "Public works" means all fixed works constructed or | 3 | | demolished by
any public body,
or paid for wholly or in part | 4 | | out of public funds. "Public works" as
defined herein includes | 5 | | all projects financed in whole
or in part with bonds, grants, | 6 | | loans, or other funds made available by or through the State or | 7 | | any of its political subdivisions, including but not limited | 8 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 9 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 10 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 11 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 12 | | the Build Illinois Bond Act; loans or other funds made
| 13 | | available pursuant to the Build Illinois Act; loans or other | 14 | | funds made available pursuant to the Riverfront Development | 15 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 16 | | Act; or funds from the Fund for
Illinois' Future under Section | 17 | | 6z-47 of the State Finance Act, funds for school
construction | 18 | | under Section 5 of the General Obligation Bond Act, funds
| 19 | | authorized under Section 3 of the School Construction Bond Act, | 20 | | funds for
school infrastructure under Section 6z-45 of the | 21 | | State Finance Act, and funds
for transportation purposes under | 22 | | Section 4 of the General Obligation Bond
Act. "Public works" | 23 | | also includes (i) all projects financed in whole or in part
| 24 | | with funds from the Department of Commerce and Economic | 25 | | Opportunity under the Illinois Renewable Fuels Development | 26 | | Program
Act for which there is no project labor agreement; (ii) |
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| 1 | | all work performed pursuant to a public private agreement under | 2 | | the Public Private Agreements for the Illiana Expressway Act or | 3 | | the Public-Private Agreements for the South Suburban Airport | 4 | | Act; and (iii) all projects undertaken under a public-private | 5 | | agreement under the Public-Private Partnerships for | 6 | | Transportation Act ; and (iv) all transportation facilities | 7 | | undertaken under a design-build contract or a Construction | 8 | | Manager/General Contractor contract under the Innovations for | 9 | | Transportation Infrastructure Act . "Public works" also | 10 | | includes all projects at leased facility property used for | 11 | | airport purposes under Section 35 of the Local Government | 12 | | Facility Lease Act. "Public works" also includes the | 13 | | construction of a new wind power facility by a business | 14 | | designated as a High Impact Business under Section 5.5(a)(3)(E) | 15 | | of the Illinois Enterprise Zone Act.
"Public works" does not | 16 | | include work done directly by any public utility company, | 17 | | whether or not done under public supervision or direction, or | 18 | | paid for wholly or in part out of public funds. "Public works" | 19 | | also includes any corrective action performed pursuant to Title | 20 | | XVI of the Environmental Protection Act for which payment from | 21 | | the Underground Storage Tank Fund is requested. "Public works" | 22 | | does not include projects undertaken by the owner at an | 23 | | owner-occupied single-family residence or at an owner-occupied | 24 | | unit of a multi-family residence. "Public works" does not | 25 | | include work performed for soil and water conservation purposes | 26 | | on agricultural lands, whether or not done under public |
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| 1 | | supervision or paid for wholly or in part out of public funds, | 2 | | done directly by an owner or person who has legal control of | 3 | | those lands.
| 4 | | "Construction" means all work on public works involving | 5 | | laborers,
workers or mechanics. This includes any maintenance, | 6 | | repair, assembly, or disassembly work performed on equipment | 7 | | whether owned, leased, or rented.
| 8 | | "Locality" means the county where the physical work upon | 9 | | public works
is performed, except (1) that if there is not | 10 | | available in the county a
sufficient number of competent | 11 | | skilled laborers, workers and mechanics
to construct the public | 12 | | works efficiently and properly, "locality"
includes any other | 13 | | county nearest the one in which the work or
construction is to | 14 | | be performed and from which such persons may be
obtained in | 15 | | sufficient numbers to perform the work and (2) that, with
| 16 | | respect to contracts for highway work with the Department of
| 17 | | Transportation of this State, "locality" may at the discretion | 18 | | of the
Secretary of the Department of Transportation be | 19 | | construed to include
two or more adjacent counties from which | 20 | | workers may be accessible for
work on such construction.
| 21 | | "Public body" means the State or any officer, board or | 22 | | commission of
the State or any political subdivision or | 23 | | department thereof, or any
institution supported in whole or in | 24 | | part by public funds,
and includes every county, city, town,
| 25 | | village, township, school district, irrigation, utility, | 26 | | reclamation
improvement or other district and every other |
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| 1 | | political subdivision,
district or municipality of the state | 2 | | whether such political
subdivision, municipality or district | 3 | | operates under a special charter
or not.
| 4 | | The terms "general prevailing rate of hourly wages", | 5 | | "general
prevailing rate of wages" or "prevailing rate of | 6 | | wages" when used in
this Act mean the hourly cash wages plus | 7 | | annualized fringe benefits for training and
apprenticeship | 8 | | programs approved by the U.S. Department of Labor, Bureau of
| 9 | | Apprenticeship and Training, health and welfare, insurance, | 10 | | vacations and
pensions paid generally, in the
locality in which | 11 | | the work is being performed, to employees engaged in
work of a | 12 | | similar character on public works.
| 13 | | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; | 14 | | 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. | 15 | | 7-16-14.)
| 16 | | Section 997. Severability. The provisions of this Act are | 17 | | severable under Section 1.31 of the Statute on Statutes.
| 18 | | Section 999. Effective date. This Act takes effect upon | 19 | | becoming law.
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