Full Text of SB3020 99th General Assembly
SB3020sam001 99TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 4/1/2016
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| 1 | | AMENDMENT TO SENATE BILL 3020
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3020 by replacing | 3 | | everything after the enacting clause with the following:
| 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 and construction manager-general | 11 | | contractor project delivery methods and use of alternative | 12 | | technical concepts have the potential to capture private sector | 13 | | innovation and safely deliver infrastructure projects on more | 14 | | predictable schedules and budgets. Earlier completion and | 15 | | lower cost for projects are possible with the ability to shift | 16 | | or share risks with the private sector that are generally |
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| 1 | | retained by the public in the conventional design-bid-build | 2 | | project delivery method.
| 3 | | (c) It is the intent of the General Assembly that the | 4 | | Department of Transportation and the Illinois State Toll | 5 | | Highway Authority may evaluate and use alternative technical | 6 | | concepts proposed by bidders and proposers and to use the DB | 7 | | and CMGC project delivery methods.
| 8 | | (d) It is the intent of this Act to use design | 9 | | professionals, construction companies, and workers from this | 10 | | State to the 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 10. Definitions. As used in this Act:
| 14 | | "Agency" means the Department of Transportation or the | 15 | | Illinois State Toll Highway Authority. | 16 | | "ATC" or "Alternative Technical Concepts" means a proposed | 17 | | deviation from the contract technical requirements set forth in | 18 | | the procurement documents for a transportation facility that | 19 | | offers a solution that is equal or better than the requirements | 20 | | in the procurement documents.
| 21 | | "Authority" means the Illinois State Toll Highway | 22 | | Authority. | 23 | | "Best value" means any selection process in which proposals | 24 | | contain both price and qualitative components and award is | 25 | | based upon a combination of price, qualitative concepts, and |
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| 1 | | other factors.
| 2 | | "Chief procurement officer" means the chief procurement | 3 | | officer for the Department or the Authority.
| 4 | | "CMGC contract" means the two-phase contract between the | 5 | | Department or the Authority and a construction manager-general | 6 | | contractor, which includes a first phase addressing | 7 | | preconstruction services and a second phase addressing the | 8 | | construction of the transportation facility.
| 9 | | "Construction manager-general contractor" or "CMGC" means | 10 | | a proposer that has entered into a construction manager-general | 11 | | contractor contract under this Act.
| 12 | | "Construction manager-general contractor project delivery | 13 | | method" or "CMGC project delivery method" means a method of | 14 | | procurement and contracting that makes a CMGC who enters into a | 15 | | contract with the Department or the Authority responsible for | 16 | | certain preconstruction services and then, if the parties reach | 17 | | agreement on key terms, responsible for construction of the | 18 | | transportation facility.
| 19 | | "DB" means design-build.
| 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 | 24 | | services and construction services used separately in this | 25 | | State, which incorporates the Architectural, Engineering, and | 26 | | Land Surveying Qualifications Based Selection Act and the |
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| 1 | | principles of competitive bidding under the Illinois | 2 | | Procurement Code.
| 3 | | "Design-build contract" or "DB contract" means a contract | 4 | | between the Department or the Authority and a design-builder | 5 | | under which the design-builder agrees to furnish | 6 | | architectural, surveying, engineering, construction, and | 7 | | related services for a transportation facility.
| 8 | | "Design-build project delivery method" or "DB project | 9 | | delivery method" means a method of procurement and contracting | 10 | | that provides responsibility within a single contract between | 11 | | the Department or the Authority and a design-builder for the | 12 | | furnishing of architectural, surveying, engineering, | 13 | | construction, and related services for a transportation | 14 | | facility.
| 15 | | "Design-builder" means a proposer that has entered into a | 16 | | design-build contract with the Department or the Authority | 17 | | under this Act.
| 18 | | "Evaluation Committee" means the committee assembled to | 19 | | evaluate and score statements of qualifications and proposals.
| 20 | | "Evaluation criteria" means the standards and requirements | 21 | | established by the Department or the Authority against which | 22 | | the qualifications and proposals of a proposer will be assessed | 23 | | during the procurement of a design-build contract or | 24 | | construction manager-general contractor contract, as | 25 | | applicable.
| 26 | | "Executive Director" means the Executive Director of the |
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| 1 | | Illinois State Toll Highway Authority. | 2 | | "Metropolitan planning organization" means a metropolitan | 3 | | planning organization under 23 U.S.C. 134 whose metropolitan | 4 | | planning area boundaries are partially or completely within | 5 | | this State.
| 6 | | "Preconstruction services" means all | 7 | | non-construction-related services that a construction | 8 | | manager-general contractor is required to perform during the | 9 | | first phase of a construction manager-general contractor | 10 | | contract, which may include giving advice to the Department or | 11 | | the Authority regarding scheduling, work sequencing, cost | 12 | | engineering, constructability, cost estimating, and risk | 13 | | identification.
| 14 | | "Proposal" means a proposer's response to a request for | 15 | | proposals.
| 16 | | "Proposer" means any individual, sole proprietorship, | 17 | | firm, partnership, joint venture, corporation, professional | 18 | | corporation, or other entity legally established to conduct | 19 | | business in this State that proposes to be the design-build or | 20 | | construction manager-general contractor for any transportation | 21 | | facility under this Act. | 22 | | "Qualifications" means a statement of qualifications | 23 | | submitted by a proposer in response to a request for | 24 | | qualifications.
| 25 | | "Request for proposals" means the document issued by the | 26 | | Department or the Authority to solicit proposals and describe |
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| 1 | | the procurement process for a design-build contract or | 2 | | construction manager-general contractor contract in accordance | 3 | | with the design-build project delivery method or the | 4 | | construction manager-general contractor project delivery | 5 | | method, as applicable.
| 6 | | "Request for qualifications" means the document issued by | 7 | | the Department or the Authority in the first phase of a | 8 | | two-phase procurement to solicit qualifications from proposers | 9 | | in accordance with the design-build project delivery method or | 10 | | the construction manager-general contractor project delivery | 11 | | method, as applicable.
| 12 | | "Scope and performance requirements" means the constructed | 13 | | elements, activities, and standards of performance required by | 14 | | the Department or the Authority to be complied with in the | 15 | | development of the transportation facility, which may include, | 16 | | but not be limited to, the intended usage, capacity, size, | 17 | | scope, quality and performance standards, life-cycle costs, | 18 | | preliminary engineering, design, and other requirements as | 19 | | developed and determined by the Department or the Authority.
| 20 | | "Secretary" means the Secretary of Transportation of the | 21 | | Illinois Department of Transportation.
| 22 | | "Transportation facility" means any new or existing | 23 | | facility or group of facilities that are the subject of a | 24 | | design-build contract or a construction manager-general | 25 | | contractor contract, and which may include highways, roads, | 26 | | bridges, tunnels, overpasses, bus ways, guideways, ferries, |
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| 1 | | airports or other aviation facilities, public transportation | 2 | | facilities, vehicle parking facilities, port facilities, rail | 3 | | facilities, stations, hubs, terminals, intermodal facilities, | 4 | | transit facilities, or similar facilities used for the | 5 | | transportation of persons or goods, together with any | 6 | | buildings, structures, parking areas, appurtenances, | 7 | | intelligent transportation systems, and other property or | 8 | | facilities related to the operation or maintenance of these | 9 | | facilities.
| 10 | | Section 15. Authorization of project delivery methods.
| 11 | | (a) Notwithstanding any other law, and as authority | 12 | | supplemental to its existing powers, the Agency, in accordance | 13 | | with this Act, may use the design-build project delivery method | 14 | | for a transportation facility, provided that the capital costs | 15 | | for the transportation facility utilizing the design-build | 16 | | project delivery method does not exceed 20% of the Agency's | 17 | | multi-year highway improvement program for any 5-year period. | 18 | | The Agency shall make this calculation prior to commencing the | 19 | | procurement for a design-build contract and shall use the | 20 | | Agency's estimated cost for that transportation facility. The | 21 | | Agency, in accordance with this Act, may use the CMGC project | 22 | | delivery method for up to 3 transportation facilities. Prior to | 23 | | commencing a procurement under this Act for either a | 24 | | design-build contract or a CMGC contract, the Agency must first | 25 | | conduct an analysis and make a written determination that it is |
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| 1 | | in the best interests of this State to utilize the selected | 2 | | delivery method for that transportation facility. The analysis | 3 | | and determination shall discuss the design-build or CMGC | 4 | | project delivery method's impact on the anticipated schedule, | 5 | | completion date, and project costs. The best interests of the | 6 | | State analysis shall be made available to the public.
| 7 | | (b) The Agency shall report to the General Assembly | 8 | | annually for the first 5 years after the effective date of this | 9 | | Act on the progress of procurements and transportation | 10 | | facilities procured under this Act. | 11 | | Section 20. Preconditions to commencement of procurement.
| 12 | | If the Agency determines to use the design-build project | 13 | | delivery method or the CMGC project delivery method for a | 14 | | particular transportation facility, the Agency shall not | 15 | | commence a procurement for the transportation facility until: | 16 | | (1) the Agency uses its best effort to ensure that the | 17 | | transportation facility is consistent with the regional plan of | 18 | | any metropolitan planning organization in which the boundaries | 19 | | of the transportation facility are located; and | 20 | | (2) the Agency completes at least one of the following: | 21 | | (A) includes the transportation facility in the | 22 | | Department's respective multi-year highway
improvement | 23 | | program and designates it as a DB or CMGC project; | 24 | | (B) issues a notice of intent to receive qualifications | 25 | | at least 14 days prior to the issuance of the request for |
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| 1 | | qualifications; or | 2 | | (C) for a single phase procurement under subsection (a) | 3 | | of Section 25 of this Act, issues a notice of intent to | 4 | | receive proposals at least 14 days prior to the issuance of | 5 | | the request for proposals. If the Agency issues this notice | 6 | | of intent, the Department shall publish the notice in the | 7 | | Department's Transportation Bulletin and the Authority | 8 | | shall publish the notice in the Illinois Procurement | 9 | | Bulletin. The Agency shall include a description of the | 10 | | proposed procurement and transportation facility in any | 11 | | notice of intent.
| 12 | | Section 25. Procurement process.
| 13 | | (a) The Agency may solicit a proposer with which to enter | 14 | | into a design-build contract or CMGC contract, as applicable, | 15 | | by using, without limitation, one or more requests for | 16 | | qualifications, short-listing of the most highly qualified | 17 | | proposers, or requests for proposals and negotiations. The | 18 | | Agency shall use a two-phase procurement for a design-build | 19 | | contract to select the successful proposer; provided that the | 20 | | Agency may use a single phase procurement if the transportation | 21 | | facility is estimated to cost less than $10,000,000 or the | 22 | | Secretary of Transportation or the Executive Director makes a | 23 | | written determination that the Agency may use a single phase | 24 | | procurement for a particular transportation facility. In a | 25 | | two-phase procurement, the Agency shall use the first phase to |
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| 1 | | evaluate and short-list the most highly qualified proposers | 2 | | based on qualifications, and then use the second phase to | 3 | | evaluate and select a proposer based on proposals submitted by | 4 | | the short-listed proposers. In a single phase procurement, the | 5 | | Agency shall solicit proposers with a request for proposals, | 6 | | and shall evaluate and select a proposer based on those | 7 | | proposals.
| 8 | | (b) The request for qualifications may contain any | 9 | | information deemed appropriate by the Agency including, | 10 | | without limitation, the following information:
| 11 | | (1) the anticipated scope of work for the | 12 | | transportation facility;
| 13 | | (2) a requirement that the proposer identify certain | 14 | | key personnel, and for DB contracts certain key firms, the | 15 | | experience of the personnel and firms, and the conditions | 16 | | on which identified personnel and firms can be replaced;
| 17 | | (3) the evaluation criteria for the qualifications and | 18 | | the relative importance of those criteria; these | 19 | | evaluation criteria may address, without limitation, the | 20 | | proposer's technical and financial qualifications, such as | 21 | | specialized experience, technical competence, capability | 22 | | to perform, financial capacity, past performance, | 23 | | including the proposer's safety record, and any other | 24 | | qualifications based factors;
| 25 | | (4) the Agency's prequalification, licensing, and | 26 | | registration requirements, including any requirements from |
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| 1 | | the Professional Engineering Practice Act of 1989, the | 2 | | Illinois Architecture Practice Act of 1989, the Structural | 3 | | Engineering Practice Act of 1989, and the Illinois | 4 | | Professional Land Surveyor Act of 1989, provided that | 5 | | nothing contained herein precludes the Agency's use of | 6 | | different or additional prequalification criteria or | 7 | | pass/fail evaluation factors addressing minimum levels of | 8 | | technical experience or financial capabilities;
| 9 | | (5) the maximum number of proposers the Agency will | 10 | | short-list to submit proposals; and
| 11 | | (6) any other relevant information the Agency deems | 12 | | appropriate.
| 13 | | (c) Upon completion of the qualifications evaluation, the | 14 | | Agency shall, based on the evaluation criteria set forth in the | 15 | | request for qualifications, create a short-list of the most | 16 | | highly qualified proposers. The Agency shall short-list no more | 17 | | than 5 and no fewer than 2 of the most highly qualified | 18 | | proposers. Notwithstanding other provisions of this subsection | 19 | | (c), the Agency may short-list fewer than 2 proposers if the | 20 | | Secretary of Transportation or the Executive Director make a | 21 | | finding that an emergency situation justifies the limited | 22 | | short-listing and fewer than 2 proposers meet any applicable | 23 | | prequalification or pass/fail requirements set forth in the | 24 | | request for qualifications.
| 25 | | (d) The request for proposals may contain any information | 26 | | deemed appropriate by the Agency including, without |
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| 1 | | limitation, the following information:
| 2 | | (1) the form and amount of required bid security;
| 3 | | (2) the terms of the DB or CMGC contract including, but | 4 | | not limited to, scope and performance requirements, | 5 | | schedule or completion date requirements, subcontractor | 6 | | requirements, payment and performance security | 7 | | requirements, and insurance requirements;
| 8 | | (3) the requirements for the technical component of the | 9 | | proposal, including a description of the level of design, | 10 | | scope and type of renderings, drawings, and specifications | 11 | | to be provided in the proposals;
| 12 | | (4) the requirements for the price component of the | 13 | | proposal, which for CMGC contracts may include a | 14 | | requirement for the proposer to submit a lump sum price for | 15 | | the direct costs to perform the required preconstruction | 16 | | services and percentage mark-up on those direct costs;
| 17 | | (5) the evaluation criteria for the proposals and the | 18 | | relative importance of those criteria, including any | 19 | | formulas to be employed by the Agency, as the Agency deems | 20 | | appropriate; | 21 | | (6) a process for the Agency to review and accept | 22 | | alternate technical concepts;
| 23 | | (7) requirements regarding the proposer's | 24 | | qualifications; and
| 25 | | (8) any other relevant information the Agency deems | 26 | | appropriate.
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| 1 | | (e) Prior to the proposers' submittal of proposals, the | 2 | | Agency may conduct confidential meetings and exchange | 3 | | confidential information with proposers to promote | 4 | | understanding of the request for proposals, review alternative | 5 | | technical concepts, or discuss other issues related to the | 6 | | procurement.
| 7 | | (f) The date proposals are due must be at least 28 calendar | 8 | | days after the date the Agency first issues the request for | 9 | | proposals.
| 10 | | (g) The Agency may offer to pay a stipend in an amount and | 11 | | on the terms and conditions determined by the Agency and as set | 12 | | forth in the request for proposals to (1) all short-listed | 13 | | proposers if the Agency cancels the procurement before the due | 14 | | date for proposals; or (2) each unsuccessful proposer that | 15 | | submits a responsive proposal. The Agency may pay a stipend | 16 | | only to those proposers who grant to the Agency the right to | 17 | | use any work product contained in the unsuccessful proposer's | 18 | | proposal and other proposal-related submissions or, if the | 19 | | Agency cancels the procurement before the due date for | 20 | | proposals, any work product developed prior to cancellation, | 21 | | including technologies, techniques, methods, processes, and | 22 | | information contained in the recipient's design for the | 23 | | transportation facility.
| 24 | | (h) The Agency shall, as appropriate depending on whether | 25 | | the transportation facility includes building facilities, | 26 | | directly employ or retain a professional engineer or engineers |
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| 1 | | licensed in the State or a licensed architect or architects, or | 2 | | both engineers licensed in this State and licensed architects, | 3 | | to prepare the scope and assist in the evaluation of the | 4 | | proposals' technical submissions under a design-build project | 5 | | delivery method. The professional engineers and licensed | 6 | | architects performing these services are generally precluded | 7 | | from participating in the procurement of the transportation | 8 | | facility at issue as a member of a proposer team.
| 9 | | (i) The Agency shall have the right to reject any and all | 10 | | qualifications or proposals, including, but not limited to, the | 11 | | right to reject any qualifications or proposals as | 12 | | non-responsive if, in the Agency's sole discretion, the | 13 | | qualifications or proposals do not meet all material | 14 | | requirements of the request for qualifications or request for | 15 | | proposals, as appropriate. The Agency shall not consider a | 16 | | proposal that does not include: | 17 | | (1) the proposer's plan to comply with requirements | 18 | | established by the Agency regarding utilization of | 19 | | business enterprises, including disadvantaged business | 20 | | enterprises; or | 21 | | (2) bid security in the form and amount designated in | 22 | | the request for proposals. | 23 | | (j) The Agency shall consult with the chief procurement | 24 | | officer on the DB and the CMGC procurement processes, and the | 25 | | Secretary or the Executive Director, in consultation with the | 26 | | chief procurement officer, shall determine which procedures to |
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| 1 | | adopt and apply to the design-build and CMGC procurement | 2 | | processes in order to ensure an open, transparent, and | 3 | | efficient process that accomplishes the purposes of this Act.
| 4 | | Section 30. Evaluation committee. | 5 | | (a) The Agency shall establish one or more evaluation | 6 | | committees to assist in selecting a DB and a CMGC. The Agency | 7 | | shall, in its sole discretion, determine the appropriate size | 8 | | and composition of the evaluation committee, provided that at | 9 | | least half of the committee must be licensed design | 10 | | professionals.
| 11 | | (b) The Agency may establish an evaluation committee for a | 12 | | set term or for the procurement of a particular transportation | 13 | | facility.
| 14 | | (c) Once the Agency identifies the proposers for a | 15 | | transportation facility, each member of an evaluation | 16 | | committee must certify that no conflict of interest exists | 17 | | between the member and the proposers. If the Agency, after | 18 | | consultation with the chief procurement officer, determines | 19 | | that an actual conflict exists, the member shall not | 20 | | participate on the evaluation committee for that procurement | 21 | | and the Agency shall appoint a replacement member on either a | 22 | | permanent or temporary basis. | 23 | | Section 35. Procedures for selection. The Agency shall | 24 | | review, evaluate, rank, and score proposals and determine which |
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| 1 | | proposal offers the best value to the public based on the | 2 | | evaluation criteria set forth in the request for proposals, and | 3 | | shall award the contract based on those determinations. | 4 | | Notwithstanding other provisions of this Section, if for any | 5 | | reason the proposer awarded the contract is unable or unwilling | 6 | | to execute the contract, including the failure of the proposer | 7 | | and the Agency to successfully complete negotiations, if any, | 8 | | of the contract, the Agency may award the contract to the | 9 | | proposer whose proposal the Agency determines offers the public | 10 | | the next best value. | 11 | | Section 40. Project records; confidentiality; public | 12 | | disclosure.
| 13 | | (a) The Agency shall maintain all written decisions, | 14 | | qualification and proposal evaluations, scoring documents, | 15 | | selection evaluations, proposals, and procurement documents in | 16 | | a procurement file maintained by the Agency.
| 17 | | (b) A proposer may identify those portions of a proposal or | 18 | | other submission that the proposer considers to be trade | 19 | | secrets or confidential, commercial, financial, or proprietary | 20 | | information. To consider confidential and proprietary | 21 | | information, including trade secrets, to be exempt from | 22 | | disclosure, the proposer shall do all of the following:
| 23 | | (1) request exclusion from disclosure upon submission | 24 | | of the information or other materials for which protection | 25 | | is sought;
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| 1 | | (2) identify the data or other materials for which | 2 | | protection is sought;
| 3 | | (3) state the statutory or regulatory basis for the | 4 | | protection;
| 5 | | (4) fully comply with the federal Freedom of | 6 | | Information Act and any other applicable provisions of | 7 | | State law, including, but not limited to, the Freedom of | 8 | | Information Act, with respect to information the proposer | 9 | | contends should be exempt from disclosure; and
| 10 | | (5) certify if the information is in accordance with | 11 | | the protection of the Illinois Trade Secrets Act.
| 12 | | (c) Notwithstanding any other provision of law, in order to | 13 | | properly balance the need to maximize competition under this | 14 | | Act with the need to create a transparent procurement process, | 15 | | the qualifications, proposals, and other information and | 16 | | documents submitted by proposers and the Agency's evaluation | 17 | | records shall not be subject to release or disclosure by the | 18 | | Agency until execution of the DB contract or CMGC contract, as | 19 | | applicable. If the Agency terminates the procurement for a | 20 | | transportation facility, the exemption from release or | 21 | | disclosure under this Section shall remain in place until the | 22 | | Agency re-procures the transportation facility and has entered | 23 | | into a DB contract or CMGC contract, as applicable. However, | 24 | | this exemption shall lapse if the Agency does not commence the | 25 | | re-procurement of the transportation facility within 5 years of | 26 | | the termination.
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| 1 | | Section 45. Design-build contract.
A DB contract may | 2 | | include any provisions the Agency determines are necessary or | 3 | | appropriate, including, but not limited to, provisions | 4 | | regarding the following:
| 5 | | (1) compensation or payments to the DB;
| 6 | | (2) grounds for termination of the DB contract, | 7 | | including the Agency's right to terminate for convenience;
| 8 | | (3) liability for damages and nonperformance;
| 9 | | (4) events of default and the rights and remedies | 10 | | available to the design-builder and the Agency in the event | 11 | | of a default or delay;
| 12 | | (5) the identification of any technical specifications | 13 | | that the DB must comply with when developing plans or | 14 | | performing construction work;
| 15 | | (6) the procedures for review and approval of the DB's | 16 | | plans;
| 17 | | (7) required performance and payment security;
| 18 | | (8) the terms and conditions of indemnification and | 19 | | minimum insurance requirements; and
| 20 | | (9) any other terms and conditions the Agency deems | 21 | | necessary. | 22 | | Section 50. Construction manager-general contractor | 23 | | contract.
| 24 | | (a) The CMGC contract shall divide the CMGC services into 2 |
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| 1 | | phases. The first phase shall address preconstruction services | 2 | | and the procedures the parties shall follow to finalize the | 3 | | contract terms for the second phase. The second phase shall | 4 | | address the CMGC's construction of the transportation facility | 5 | | for a lump sum or a guaranteed maximum price.
| 6 | | (b) A CMGC contract shall include provisions regarding the | 7 | | following:
| 8 | | (1) the CMGC's provision of preconstruction services | 9 | | during the first phase of the contract, including the | 10 | | CMGC's compensation for those services;
| 11 | | (2) a requirement that, during the first phase of the | 12 | | contract, the CMGC shall use a competitive bidding process | 13 | | to procure subcontracts for at least the minimum percentage | 14 | | of construction work specified in the request for | 15 | | proposals, provided that: | 16 | | (A) compliance with this requirement shall be | 17 | | based on an estimated cost for the construction work | 18 | | approved by the Agency prior to the start of the | 19 | | competitive bidding process; and | 20 | | (B) the CMGC may not use subcontracts with its | 21 | | wholly or partially owned subsidiaries, parent | 22 | | companies, or affiliates to satisfy this obligation;
| 23 | | (3) the process the Agency and the CMGC will use to | 24 | | determine a lump sum or guaranteed maximum price for the | 25 | | construction work, which shall include a requirement that | 26 | | the Agency conduct an independent cost estimate for the |
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| 1 | | construction work; and
| 2 | | (4) grounds for termination of the CMGC contract, | 3 | | including the Agency' s right to terminate the contract and | 4 | | not proceed with the construction phase of the project if | 5 | | the Agency and the CMGC are unable to negotiate a lump sum | 6 | | or guaranteed maximum price for the construction work.
| 7 | | (c) In addition to the provisions under subsection (b) of | 8 | | this Section, a CMGC contract may include any other provisions | 9 | | the Agency determines are necessary or appropriate, including, | 10 | | but not limited to, provisions regarding the following:
| 11 | | (1) liability for damages and nonperformance;
| 12 | | (2) events of default and the rights and remedies | 13 | | available to the CMGC and the Agency in the event of a | 14 | | default or delay;
| 15 | | (3) the identification of any technical specifications | 16 | | that the CMGC must comply with when aiding the Agency with | 17 | | developing plans or performing construction work;
| 18 | | (4) required performance and payment security for the | 19 | | construction phase of the contract;
| 20 | | (5) the terms and conditions of indemnification and | 21 | | minimum insurance requirements; and
| 22 | | (6) any other terms and conditions the Agency deems | 23 | | necessary.
| 24 | | (d) If the CMGC contract is terminated for any reason, the | 25 | | Agency may, in its sole discretion, re-advertise the CMGC | 26 | | contract under this Act or use any other authorized procurement |
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| 1 | | method to complete the transportation facility or any portion | 2 | | of the transportation facility. Once the contract is | 3 | | terminated, the Agency may use any work product developed by | 4 | | the CMGC to complete the transportation facility.
| 5 | | Section 55. Funding; financing.
| 6 | | (a) The Agency may utilize any lawful source of funding and | 7 | | financing to compensate a DB and CMGC for work and services | 8 | | performed under a DB contract or CMGC contract, as applicable, | 9 | | and the Agency may combine federal, State, local, and private | 10 | | funds to finance a transportation facility.
| 11 | | (b) Subject to appropriation by the General Assembly of the | 12 | | required amounts, the Agency may obligate and make expenditures | 13 | | of funds as and when needed to satisfy its payment obligations | 14 | | under a DB contract or CMGC contract.
| 15 | | Section 56. Utilization requirements. DB and CMGC projects | 16 | | shall comply with Section 2-105 of the Illinois Human Rights | 17 | | Act and all applicable laws and rules that establish standards | 18 | | and procedures for the utilization of minority, disadvantaged, | 19 | | and female-owned businesses, including, but not limited to, the | 20 | | Business Enterprise for Minorities, Females, and Persons with | 21 | | Disabilities Act. | 22 | | Section 60. Acquisition of property; related agreements. | 23 | | The Agency may exercise any and all powers of condemnation or |
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| 1 | | eminent domain, including quick-take powers, to acquire lands | 2 | | or estates or interests in land for a transportation facility | 3 | | under this Act to the extent the Agency finds that the action | 4 | | serves the public purpose of this Act and deems the action | 5 | | appropriate in the exercise of its powers under this Act. In | 6 | | addition, the Agency and a DB or CMGC may enter into leases, | 7 | | licenses, easements, and other grants of property interests | 8 | | that the Agency determines are necessary to deliver a | 9 | | transportation facility under this Act. | 10 | | Section 65. Federal requirements. In the procurement of DB | 11 | | contracts and CMGC contracts, the Agency shall, to the extent | 12 | | applicable, comply with federal law and regulations and take | 13 | | all necessary steps to adapt its rules, policies, and | 14 | | procedures to remain eligible for federal aid. | 15 | | Section 70. Powers. The powers granted to the Agency under | 16 | | this Act, including the power to procure and enter into DB and | 17 | | CMGC contracts, shall be liberally construed to accomplish its | 18 | | purpose, are in addition to any existing powers of the Agency, | 19 | | and shall not affect or impair any other powers authorized | 20 | | under applicable law. | 21 | | Section 75. Rulemaking. | 22 | | (a) The Illinois Administrative Procedure Act applies to | 23 | | all administrative rules and procedures of the Agency under |
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| 1 | | this Act, except that nothing in this Act shall be construed to | 2 | | render any prequalification or other responsibility criteria | 3 | | as a "license" or "licensing" under that Act. | 4 | | (b) The Agency, in consultation with the chief procurement | 5 | | officer, may adopt rules to carry out the provisions of this | 6 | | Act. | 7 | | Section 905. The Department of Transportation Law of the
| 8 | | Civil Administrative Code of Illinois is amended by adding | 9 | | Section 2705-233 as follows: | 10 | | (20 ILCS 2705/2705-233 new) | 11 | | Sec. 2705-233. Design-build and construction | 12 | | manager-general contractor for the transportation | 13 | | infrastructure. The Department may exercise all powers granted | 14 | | to it under the Innovations for Transportation Infrastructure | 15 | | Act, including, but not limited to, the power to enter into all | 16 | | contracts or agreements necessary or incidental to the | 17 | | performance of its powers under that Act, and powers related to | 18 | | any transportation facility implemented under that Act. | 19 | | Section 910. The Illinois Finance Authority Act is amended | 20 | | by adding Section 825-108 as follows: | 21 | | (20 ILCS 3501/825-108 new) | 22 | | Sec. 825-108. Transportation project financing. For the |
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| 1 | | purpose of financing a transportation facility undertaken | 2 | | under the Innovations for Transportation Infrastructure Act, | 3 | | the Authority may apply for an allocation of tax-exempt bond | 4 | | financing authorization provided by subsection (m) of Section | 5 | | 142 of the United States Internal Revenue Code, as well as | 6 | | financing available under any other federal law or program. | 7 | | Section 915. The Illinois Procurement Code is amended by | 8 | | adding Section 1-10.5 as follows: | 9 | | (30 ILCS 500/1-10.5 new) | 10 | | Sec. 1-10.5. Alternative Technical Concepts. | 11 | | Notwithstanding subsection (b) of Section 1-10 of this Code, | 12 | | the Department of Transportation and the Illinois State Toll | 13 | | Highway Authority may allow bidders and proposers to submit | 14 | | Alternative Technical Concepts in their bids and proposals, | 15 | | provided the Department or Authority determines that the | 16 | | Alternative Technical Concepts provide an equal or better | 17 | | solution than the underlying technical requirements applicable | 18 | | to the work. The Department and the Authority shall only use | 19 | | the Alternative Technical Concepts process for up to 3 | 20 | | projects. If the Department or Authority allow bidders or | 21 | | proposers for a particular contract to submit Alternative | 22 | | Technical Concepts, the Department or Authority shall describe | 23 | | the process for Alternative Technical Concepts submission and | 24 | | evaluation in the procurement documents for that contract, |
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| 1 | | including the potential use of confidential meetings and the | 2 | | exchange of confidential information with bidders and | 3 | | proposers to review and discuss potential or proposed | 4 | | Alternative Technical Concepts. | 5 | | Section 920. The Architectural, Engineering, and Land | 6 | | Surveying
Qualifications Based Selection Act is amended by | 7 | | adding Section 85 as follows: | 8 | | (30 ILCS 535/85 new) | 9 | | Sec. 85. Design-build and construction manager-general | 10 | | contractor contracts. This Act shall not apply to the | 11 | | procurement of or contracting for transportation facilities | 12 | | using design-build contracts and construction manager-general | 13 | | contractor contracts under the Innovations for Transportation | 14 | | Infrastructure Act. | 15 | | Section 925. The Employment of Illinois Workers on Public | 16 | | Works Act is amended by adding Section 2.8 as follows: | 17 | | (30 ILCS 570/2.8 new) | 18 | | Sec. 2.8. Design build and construction manager-general | 19 | | contractor contracts. This Act applies to any construction work | 20 | | undertaken under design build contracts and construction | 21 | | manager-general contractor contracts entered into under the | 22 | | Innovations for Transportation Infrastructure Act. |
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| 1 | | Section 930. The Business Enterprise for Minorities, | 2 | | Females, and Persons with
Disabilities Act is amended by adding | 3 | | Section 2.8 as follows: | 4 | | (30 ILCS 575/2.8 new) | 5 | | Sec. 2.8. Design build and construction manager-general | 6 | | contractor contracts. This Act applies to any construction work | 7 | | undertaken under design build contracts and construction | 8 | | manager-general contractor contracts entered into under the | 9 | | Innovations for Transportation Infrastructure Act. | 10 | | Section 931. The Toll Highway Act is amended by adding | 11 | | Section 11.2 as follows: | 12 | | (605 ILCS 10/11.2 new) | 13 | | Sec. 11.2. Design-build and construction manager - general | 14 | | contractor contracts. The Authority may exercise all powers | 15 | | granted to it under the Innovations for Transportation | 16 | | Infrastructure Act, including, but not limited to, the power to | 17 | | enter into all contracts or agreements necessary to perform its | 18 | | powers under that Act, and any powers related to a | 19 | | transportation facility implemented under that Act. | 20 | | Section 935. The Eminent Domain Act is amended by adding | 21 | | Section 15-5-48 as follows: |
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| 1 | | (735 ILCS 30/15-5-48 new) | 2 | | Sec. 15-5-48. Eminent domain powers in new Acts. The | 3 | | following provisions of law may include express grants of the | 4 | | power to acquire property by condemnation or eminent domain: | 5 | | The Innovations for Transportation Infrastructure Act; for | 6 | | the purposes of constructing a transportation facility under | 7 | | the Act. | 8 | | Section 940. The Prevailing Wage Act is amended by changing | 9 | | Section 2 as follows:
| 10 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 11 | | Sec. 2. This Act applies to the wages of laborers, | 12 | | mechanics and
other workers employed in any public works, as | 13 | | hereinafter defined, by
any public body and to anyone under | 14 | | contracts for public works. This includes any maintenance, | 15 | | repair, assembly, or disassembly work performed on equipment | 16 | | whether owned, leased, or rented.
| 17 | | As used in this Act, unless the context indicates | 18 | | otherwise:
| 19 | | "Public works" means all fixed works constructed or | 20 | | demolished by
any public body,
or paid for wholly or in part | 21 | | out of public funds. "Public works" as
defined herein includes | 22 | | all projects financed in whole
or in part with bonds, grants, | 23 | | loans, or other funds made available by or through the State or |
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| 1 | | any of its political subdivisions, including but not limited | 2 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 3 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 4 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 5 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 6 | | the Build Illinois Bond Act; loans or other funds made
| 7 | | available pursuant to the Build Illinois Act; loans or other | 8 | | funds made available pursuant to the Riverfront Development | 9 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 10 | | Act; or funds from the Fund for
Illinois' Future under Section | 11 | | 6z-47 of the State Finance Act, funds for school
construction | 12 | | under Section 5 of the General Obligation Bond Act, funds
| 13 | | authorized under Section 3 of the School Construction Bond Act, | 14 | | funds for
school infrastructure under Section 6z-45 of the | 15 | | State Finance Act, and funds
for transportation purposes under | 16 | | Section 4 of the General Obligation Bond
Act. "Public works" | 17 | | also includes (i) all projects financed in whole or in part
| 18 | | with funds from the Department of Commerce and Economic | 19 | | Opportunity under the Illinois Renewable Fuels Development | 20 | | Program
Act for which there is no project labor agreement; (ii) | 21 | | all work performed pursuant to a public private agreement under | 22 | | the Public Private Agreements for the Illiana Expressway Act or | 23 | | the Public-Private Agreements for the South Suburban Airport | 24 | | Act; and (iii) all projects undertaken under a public-private | 25 | | agreement under the Public-Private Partnerships for | 26 | | Transportation Act ; and (iv) all transportation facilities |
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| 1 | | undertaken under a design-build contract or a construction | 2 | | manager-general contractor contract under the Innovations for | 3 | | Transportation Infrastructure Act . "Public works" also | 4 | | includes all projects at leased facility property used for | 5 | | airport purposes under Section 35 of the Local Government | 6 | | Facility Lease Act. "Public works" also includes the | 7 | | construction of a new wind power facility by a business | 8 | | designated as a High Impact Business under Section 5.5(a)(3)(E) | 9 | | of the Illinois Enterprise Zone Act.
"Public works" does not | 10 | | include work done directly by any public utility company, | 11 | | whether or not done under public supervision or direction, or | 12 | | paid for wholly or in part out of public funds. "Public works" | 13 | | also includes any corrective action performed pursuant to Title | 14 | | XVI of the Environmental Protection Act for which payment from | 15 | | the Underground Storage Tank Fund is requested. "Public works" | 16 | | does not include projects undertaken by the owner at an | 17 | | owner-occupied single-family residence or at an owner-occupied | 18 | | unit of a multi-family residence. "Public works" does not | 19 | | include work performed for soil and water conservation purposes | 20 | | on agricultural lands, whether or not done under public | 21 | | supervision or paid for wholly or in part out of public funds, | 22 | | done directly by an owner or person who has legal control of | 23 | | those lands.
| 24 | | "Construction" means all work on public works involving | 25 | | laborers,
workers or mechanics. This includes any maintenance, | 26 | | repair, assembly, or disassembly work performed on equipment |
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| 1 | | whether owned, leased, or rented.
| 2 | | "Locality" means the county where the physical work upon | 3 | | public works
is performed, except (1) that if there is not | 4 | | available in the county a
sufficient number of competent | 5 | | skilled laborers, workers and mechanics
to construct the public | 6 | | works efficiently and properly, "locality"
includes any other | 7 | | county nearest the one in which the work or
construction is to | 8 | | be performed and from which such persons may be
obtained in | 9 | | sufficient numbers to perform the work and (2) that, with
| 10 | | respect to contracts for highway work with the Department of
| 11 | | Transportation of this State, "locality" may at the discretion | 12 | | of the
Secretary of the Department of Transportation be | 13 | | construed to include
two or more adjacent counties from which | 14 | | workers may be accessible for
work on such construction.
| 15 | | "Public body" means the State or any officer, board or | 16 | | commission of
the State or any political subdivision or | 17 | | department thereof, or any
institution supported in whole or in | 18 | | part by public funds,
and includes every county, city, town,
| 19 | | village, township, school district, irrigation, utility, | 20 | | reclamation
improvement or other district and every other | 21 | | political subdivision,
district or municipality of the state | 22 | | whether such political
subdivision, municipality or district | 23 | | operates under a special charter
or not.
| 24 | | The terms "general prevailing rate of hourly wages", | 25 | | "general
prevailing rate of wages" or "prevailing rate of | 26 | | wages" when used in
this Act mean the hourly cash wages plus |
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| 1 | | annualized fringe benefits for training and
apprenticeship | 2 | | programs approved by the U.S. Department of Labor, Bureau of
| 3 | | Apprenticeship and Training, health and welfare, insurance, | 4 | | vacations and
pensions paid generally, in the
locality in which | 5 | | the work is being performed, to employees engaged in
work of a | 6 | | similar character on public works.
| 7 | | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; | 8 | | 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. | 9 | | 7-16-14.)
| 10 | | Section 997. Severability. The provisions of this Act are | 11 | | severable under Section 1.31 of the Statute on Statutes.
| 12 | | Section 999. Effective date. This Act takes effect upon | 13 | | becoming law.".
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