Full Text of SB2905 102nd General Assembly
SB2905 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2905 Introduced 5/25/2021, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: |
| New Act | | 20 ILCS 2705/2705-233 new | | 20 ILCS 3501/825-108 new | | 30 ILCS 500/1-10.5 new | | 30 ILCS 550/1.9 new | | 30 ILCS 570/2.8 new | | 30 ILCS 575/2.8 new | | 605 ILCS 10/11.2 new | | 735 ILCS 30/15-5-48 new | | 820 ILCS 130/2 | from Ch. 48, par. 39s-2 |
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Creates the Innovations for Transportation Infrastructure Act. Contains a statement of legislative policy. Defines terms. Adds provisions governing: authorization of project delivery methods; preconditions to commencement of procurement; procurement; evaluation and selection of proposals; project records; confidentiality; public disclosure; design-build contracts; construction manager/general contractor contracts; funding and financing; minority, disadvantaged, and women-owned businesses; labor agreements; acquisition of property; federal requirements; powers of the Department of Transportation and the Illinois State Toll Highway Authority; and rulemaking. Makes corresponding changes in the Department of Transportation Law of the Civil Administrative Code of Illinois; Illinois Finance Authority Act; the Illinois Procurement Code; the Public Construction Bond Act; the Employment of Illinois Workers on Public Works Act; the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; the Toll Highway Act; the Eminent Domain Act; and the Prevailing Wage Act. Provides that the provisions of the Act are severable. Effective immediately.
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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 | 16 | | are possible with the ability to shift or share risks with the | 17 | | private sector that are generally retained by the public in | 18 | | the 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, reflecting the diversity of the State's businesses and | 5 | | workforce, to the greatest extent possible.
| 6 | | (e) The powers granted in this Act are in addition to any | 7 | | other powers authorized under applicable law. | 8 | | Section 10. Definitions. As used in this Act:
| 9 | | "Alternative Technical Concepts" means a proposed | 10 | | deviation from the contract technical requirements set forth | 11 | | in the procurement documents for a transportation facility | 12 | | that offers a solution that is equal to or better than the | 13 | | requirements in the procurement documents.
| 14 | | "Authority" means the Illinois State Toll Highway | 15 | | Authority. | 16 | | "Best value" means any selection process in which | 17 | | proposals contain both price and qualitative components and | 18 | | award is based upon a combination of price, qualitative | 19 | | concepts, and other factors.
| 20 | | "Chief procurement officer" means the chief procurement | 21 | | officer for the Transportation Agency.
| 22 | | "Construction Manager/General Contractor" means a proposer | 23 | | that has entered into a Construction Manager/General | 24 | | Contractor contract under this Act.
| 25 | | "Construction Manager/General Contractor contract" means a |
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| 1 | | two-phase contract between the Transportation Agency and a | 2 | | Construction Manager/General Contractor that includes a first | 3 | | phase addressing preconstruction services and a second phase | 4 | | addressing the construction of the transportation 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 | 10 | | reach agreement on key terms, responsible for construction of | 11 | | the 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 that 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, and 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 |
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| 1 | | the 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, and may include, | 8 | | but is not 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 includes highways, roads, bridges, | 20 | | tunnels, overpasses, bus ways, guideways, ferries, airports or | 21 | | other aviation facilities, public transportation facilities, | 22 | | vehicle parking facilities, port facilities, rail facilities, | 23 | | stations, hubs, terminals, intermodal facilities, transit | 24 | | facilities, or similar facilities used for the transportation | 25 | | of persons or goods, together with any buildings, structures, | 26 | | parking areas, appurtenances, intelligent transportation |
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| 1 | | systems, and other property or facilities related to the | 2 | | operation or maintenance of these facilities.
| 3 | | Section 15. Authorization of project delivery methods.
| 4 | | (a) Notwithstanding any other law, and as authority | 5 | | supplemental to its existing powers, the Transportation | 6 | | Agency, in accordance with this Act, may use the design-build | 7 | | project delivery method for transportation facilities if the | 8 | | capital costs for transportation facilities delivered | 9 | | utilizing the design-build project delivery method or | 10 | | Construction Manager/General Contractor project delivery | 11 | | method or Alternative Technical Concepts in a design-bid-build | 12 | | project delivery method do not: (i) for transportation | 13 | | facilities delivered by the Department, exceed $400 million of | 14 | | the Department's multi-year highway improvement program for | 15 | | any 5-year period with no one year period exceeding $125 | 16 | | million; or (ii) for transportation facilities delivered by | 17 | | the Authority, exceed 20% of the Authority's annual | 18 | | improvement program. The Transportation Agency shall make this | 19 | | calculation before commencing the procurement. Notwithstanding | 20 | | any other law, and as authority supplemental to its existing | 21 | | powers, the Department, in accordance with this Act, may use | 22 | | the Construction Manager/General Contractor project delivery | 23 | | method for up to 2 transportation facilities. Before | 24 | | commencing a procurement under this Act for either a | 25 | | design-build contract or a Construction Manager/General |
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| 1 | | Contractor contract, the Transportation Agency shall first | 2 | | undertake an analysis and make a written determination that it | 3 | | is in the best interests of this State to use the selected | 4 | | delivery method for that transportation facility. The analysis | 5 | | and determination shall discuss the design-build project | 6 | | delivery method or Construction Manager/General Contractor | 7 | | project delivery method's impact on the anticipated schedule, | 8 | | completion date, and project costs. The best interests of the | 9 | | State analysis shall be made available to the public.
| 10 | | (b) The Transportation Agency shall report to the General | 11 | | Assembly annually for the first 5 years after the effective | 12 | | date of this Act on the progress of procurements and | 13 | | transportation facilities procured under this Act. | 14 | | Section 20. Preconditions to commencement of procurement.
| 15 | | If the Transportation Agency determines to use the | 16 | | design-build project delivery method or the Construction | 17 | | Manager/General Contractor project delivery method for a | 18 | | particular transportation facility, the Transportation Agency | 19 | | may not commence a procurement for the transportation facility | 20 | | until the Transportation Agency has satisfied the following | 21 | | requirements: | 22 | | (1) the Transportation Agency does one of the following: | 23 | | (A) the Transportation Agency includes the | 24 | | transportation facility in the Transportation Agency's | 25 | | respective multi-year highway
improvement program and |
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| 1 | | designates it as a design-build project delivery method | 2 | | project or Construction Manager/General Contractor | 3 | | project; | 4 | | (B) the Transportation Agency issues a notice of | 5 | | intent to receive qualifications, that includes a | 6 | | description of the proposed procurement and transportation | 7 | | facility, at least 28 days before the issuance of the | 8 | | request for qualifications, and for a Department-issued | 9 | | notice of intent publishes the notice in the Illinois | 10 | | Transportation Procurement Bulletin and for an | 11 | | Authority-issued notice of intent publishes the notice in | 12 | | the Illinois Procurement Bulletin; or | 13 | | (C) for a single-phase procurement authorized under | 14 | | subsection (a) of Section 25 of this Act, the | 15 | | Transportation Agency issues a notice of intent to receive | 16 | | proposals, that includes a description of the proposed | 17 | | procurement and transportation facility, at least 14 days | 18 | | before the issuance of the request for proposals, and for | 19 | | a Department-issued notice of intent publishes the notice | 20 | | in the Illinois Transportation Procurement Bulletin and | 21 | | for an Authority-issued notice of intent publishes the | 22 | | notice in the Illinois Procurement Bulletin; and | 23 | | (2) the Transportation Agency uses its best efforts to | 24 | | ensure that the transportation facility is consistent with the | 25 | | regional plan in existence at the time of any metropolitan | 26 | | planning organization in which the boundaries of the |
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| 1 | | transportation facility is located, or any other | 2 | | publicly-approved plan. | 3 | | Section 25. Procurement process.
| 4 | | (a) The Transportation Agency may solicit a proposer with | 5 | | which to enter into a design-build contract or Construction | 6 | | Manager/General Contractor contract, as applicable, by using, | 7 | | without limitation, one or more requests for qualifications, a | 8 | | shortlisting of the most highly qualified proposers, requests | 9 | | for proposals, and negotiations. The Transportation Agency | 10 | | shall use a two-phase procurement for a design-build contract | 11 | | to select the successful proposer, except that the | 12 | | Transportation Agency may use a single-phase procurement if | 13 | | the transportation facility is estimated to cost less than | 14 | | $5,000,000 or the Secretary or the Executive Director makes a | 15 | | written determination that the Transportation Agency may use a | 16 | | single-phase procurement for a particular transportation | 17 | | facility. In a two-phase procurement, the Transportation | 18 | | Agency shall use the first phase to evaluate and shortlist the | 19 | | most highly qualified proposers based on a proposer's | 20 | | qualifications, and then use the second phase to evaluate and | 21 | | select a proposer based on proposals submitted by the | 22 | | shortlisted proposers. During the first phase of a two-phase | 23 | | procurement, the Transportation Agency shall not consider | 24 | | price proposals to make its shortlist decision. In a | 25 | | single-phase procurement, the Transportation Agency shall |
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| 1 | | solicit proposers with a request for proposals, and shall | 2 | | evaluate and select a proposer based on those proposals.
| 3 | | (b) The request for qualifications may contain any terms | 4 | | deemed appropriate by the Transportation Agency including, | 5 | | without limitation, the following:
| 6 | | (1) a description of the anticipated scope of work for | 7 | | the transportation facility;
| 8 | | (2) a requirement that the proposer identify certain | 9 | | key personnel, and for design-build contracts certain key | 10 | | firms, the experience of the personnel and firms, and the | 11 | | conditions on which identified personnel and firms can be | 12 | | replaced;
| 13 | | (3) the evaluation criteria for the qualifications and | 14 | | the relative importance of those criteria; these | 15 | | evaluation criteria may address, without limitation, the | 16 | | proposer's technical and financial qualifications, such as | 17 | | specialized experience, technical competence, capability | 18 | | to perform, financial capacity, the proposer's workload, | 19 | | local office presence, past performance including the | 20 | | proposer's safety record and record of utilization of | 21 | | business enterprises, including disadvantaged business | 22 | | enterprises, and any other 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 | | except 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) a requirement that the proposer provide references | 9 | | or
contact information for persons who can attest to the | 10 | | past performance of the proposer, including with respect | 11 | | to successful project delivery, subcontracting, labor | 12 | | relations, diverse business utilization, workforce | 13 | | diversity, and compliance with contract requirements; | 14 | | (6) the maximum number of proposers the Transportation | 15 | | Agency will shortlist to submit proposals; and | 16 | | (7) any other relevant information the Transportation | 17 | | Agency deems appropriate.
| 18 | | (c) Upon completion of the qualifications evaluation, the | 19 | | Transportation Agency shall, based on the evaluation criteria | 20 | | set forth in the request for qualifications, create a | 21 | | shortlist of the most highly qualified proposers. The | 22 | | Transportation Agency shall shortlist no more than 5 and no | 23 | | fewer than 2 of the most highly qualified proposers. | 24 | | Notwithstanding other provisions of this subsection (c), the | 25 | | Transportation Agency may shortlist fewer than 2 proposers if | 26 | | the Secretary or the Executive Director makes a finding that |
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| 1 | | an emergency situation justifies the limited shortlisting and | 2 | | fewer than 2 proposers meet any applicable prequalification or | 3 | | pass-fail requirements set forth in the request for | 4 | | qualifications.
| 5 | | (d) The request for proposals may contain any terms deemed | 6 | | appropriate by the Transportation Agency including, without | 7 | | limitation, the following:
| 8 | | (1) the form and amount of required bid security;
| 9 | | (2) the terms of the design-build contract or | 10 | | Construction Manager/General Contractor contract, | 11 | | including, but not limited to, scope and performance | 12 | | requirements, schedule or completion date requirements, | 13 | | subcontractor requirements, payment and performance | 14 | | security requirements, and insurance requirements;
| 15 | | (3) the requirements for the technical component of | 16 | | the proposal, including a description of the level of | 17 | | design, scope and type of renderings, drawings, and | 18 | | specifications to be provided in the proposals;
| 19 | | (4) the requirements for the price component of the | 20 | | proposal, which for Construction Manager/General | 21 | | Contractor contracts may include a requirement for the | 22 | | proposer to submit a lump sum price for the direct costs to | 23 | | perform the required preconstruction services and | 24 | | percentage mark-up on those direct costs;
| 25 | | (5) the evaluation criteria for the proposals, | 26 | | including technical criteria, innovation, and schedule, |
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| 1 | | and the relative importance of those criteria, as the | 2 | | Transportation Agency deems appropriate; | 3 | | (6) a process for the Transportation Agency to review | 4 | | and accept Alternative Technical Concepts;
| 5 | | (7) requirements regarding utilization of business | 6 | | enterprises, including disadvantaged business | 7 | | enterprises, and workforce development, including a | 8 | | description of utilization and workforce diversity plans | 9 | | and certifications to be provided in the proposals;
| 10 | | (8) requirements regarding the proposer's | 11 | | qualifications; and
| 12 | | (9) any other relevant information the Transportation | 13 | | Agency deems appropriate.
| 14 | | (e) Before the proposers' submittal of proposals, the | 15 | | Transportation Agency may conduct confidential meetings and | 16 | | exchange confidential information with proposers to promote | 17 | | understanding of the request for proposals, review Alternative | 18 | | Technical Concepts, or discuss other issues related to the | 19 | | procurement.
| 20 | | (f) The date proposals are due must be at least 28 calendar | 21 | | days after the date the Transportation Agency first issues the | 22 | | request for proposals.
| 23 | | (g) The Transportation Agency may offer to pay a stipend | 24 | | in an amount and on the terms and conditions determined by the | 25 | | Transportation Agency and as set forth in the request for | 26 | | proposals to: (1) all shortlisted proposers if the |
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| 1 | | Transportation Agency cancels the procurement before the due | 2 | | date for proposals; or (2) each unsuccessful proposer that | 3 | | submits a responsive proposal; or (3) each member of the | 4 | | proposer team that
incurs costs in the preparation of the | 5 | | proposal. The Transportation Agency may pay a stipend only to | 6 | | those proposers who grant to the Transportation Agency the | 7 | | right to use any work product contained in the unsuccessful | 8 | | proposer's proposal and other proposal-related submissions or, | 9 | | if the Transportation Agency cancels the procurement before | 10 | | the due date for proposals, any work product developed before | 11 | | cancellation, including technologies, techniques, methods, | 12 | | processes, and information contained in the recipient's design | 13 | | for the transportation facility.
| 14 | | (h) The Transportation Agency shall, as appropriate | 15 | | depending on whether the transportation facility includes | 16 | | building facilities, directly employ or retain a professional | 17 | | engineer or engineers licensed in this State or a licensed | 18 | | architect or architects, or both engineers licensed in this | 19 | | State and licensed architects, to prepare the scope and assist | 20 | | in the evaluation of the proposals' technical submissions | 21 | | under a design-build project delivery method. The professional | 22 | | engineers and licensed architects performing these services | 23 | | are generally precluded from participating in the procurement | 24 | | of the transportation facility at issue as a member of a | 25 | | proposer team.
| 26 | | (i) The Transportation Agency has the right to reject any |
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| 1 | | and all qualifications or proposals, including, but not | 2 | | limited to, the right to reject any qualifications or | 3 | | proposals as non-responsive, if, in the Transportation | 4 | | Agency's sole discretion, the qualifications or proposals do | 5 | | not meet all material requirements of the request for | 6 | | qualifications or request for proposals, as appropriate. The | 7 | | Transportation Agency shall not consider a proposal that does | 8 | | not include: | 9 | | (1) the proposer's plan to comply with requirements | 10 | | established by the Transportation Agency regarding | 11 | | utilization of business enterprises, including | 12 | | disadvantaged business enterprises; or | 13 | | (2) bid security in the form and amount designated in | 14 | | the request for proposals. | 15 | | (j) The Transportation Agency shall consult with the | 16 | | appropriate chief procurement officer on the design-build | 17 | | project delivery method and the Construction Manager/General | 18 | | Contractor project delivery method procurement processes, and | 19 | | the Secretary or the Executive Director, in consultation with | 20 | | the chief procurement officer, shall determine which | 21 | | procedures to adopt and apply to the design-build project | 22 | | delivery method and Construction Manager/General Contractor | 23 | | project delivery method procurement processes in order to | 24 | | ensure an open, transparent, and efficient process that | 25 | | accomplishes the purposes of this Act. | 26 | | (k) To ensure taxpayer accountability, the Transportation |
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| 1 | | Agency shall independently procure an owner's representative | 2 | | or construction manager to provide design reviews, | 3 | | constructability reviews, value engineering, construction | 4 | | acceptance, oversight of utility relocations, stakeholder | 5 | | coordination, independent quality assurance surveys, | 6 | | independent material testing, documentation of construction, | 7 | | public involvement management, risk mitigation, and oversight | 8 | | of construction activities including construction management, | 9 | | maintenance of traffic, and permit compliance. The firm must | 10 | | be prequalified in Construction Inspection. The payment for | 11 | | this work would be based on a lump sum method of compensation.
| 12 | | Section 30. Evaluation committee. | 13 | | (a) The Transportation Agency shall establish one or more | 14 | | evaluation committees to assist in selecting a design-builder | 15 | | and a Construction Manager/General Contractor. The | 16 | | Transportation Agency, in its sole discretion, shall determine | 17 | | the appropriate size and composition of the evaluation | 18 | | committee; however, at least half of the committee must be | 19 | | licensed design professionals.
| 20 | | (b) The Transportation Agency may establish an evaluation | 21 | | committee for a set term or for the procurement of a particular | 22 | | transportation facility.
| 23 | | (c) Once the Transportation Agency identifies the | 24 | | proposers for a transportation facility, each member of an | 25 | | evaluation committee must certify that no conflict of interest |
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| 1 | | exists between the member and the proposers. If the | 2 | | Transportation Agency, after consultation with the chief | 3 | | procurement officer, determines that an actual conflict | 4 | | exists, the member shall not participate on the evaluation | 5 | | committee for that procurement and the Transportation Agency | 6 | | shall appoint a replacement member on either a permanent or a | 7 | | temporary basis. | 8 | | Section 35. Procedures for selection. | 9 | | (a) The Transportation Agency shall review, evaluate, | 10 | | score, and rank proposals and determine which proposal offers | 11 | | the best value to the public based on the evaluation criteria | 12 | | set forth in the request for proposals. The Transportation | 13 | | Agency shall award the contract based on this determination. | 14 | | Notwithstanding other provisions of this Section, if for any | 15 | | reason the proposer awarded the contract is unable or | 16 | | unwilling to execute the contract, including the failure of | 17 | | the proposer and the Transportation Agency to successfully | 18 | | complete negotiations, if any, of the contract, the | 19 | | Transportation Agency may award the contract to the proposer | 20 | | whose proposal the Transportation Agency determines offers the | 21 | | public the next best value. | 22 | | (b) After a response to a request for qualifications or a | 23 | | request for proposals has been submitted as provided in | 24 | | Section 25, a design-builder shall not replace, remove, or | 25 | | otherwise modify any firm identified as a member of the |
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| 1 | | proposer team unless authorized to do so by the Transportation | 2 | | Agency. | 3 | | Section 40. Project records; confidentiality; public | 4 | | disclosure.
| 5 | | (a) The Transportation Agency shall maintain all written | 6 | | decisions, qualification and proposal evaluations, scoring | 7 | | documents, selection evaluations, proposals, and procurement | 8 | | documents in a procurement file maintained by the | 9 | | Transportation Agency.
| 10 | | (b) A proposer may identify those portions of a proposal | 11 | | or other submission that the proposer considers to be trade | 12 | | secrets or confidential, commercial, financial, or proprietary | 13 | | information. Confidential and proprietary information, | 14 | | including trade secrets, shall be exempt from disclosure only | 15 | | if the proposer does the following:
| 16 | | (1) requests exclusion from disclosure upon submission | 17 | | of the information or other materials for which protection | 18 | | is sought;
| 19 | | (2) identifies the data or other materials for which | 20 | | protection is sought;
| 21 | | (3) states the statutory or regulatory basis for the | 22 | | protection;
| 23 | | (4) fully complies with the federal Freedom of | 24 | | Information Act and any other applicable provisions of | 25 | | State law, including, but not limited to, the Freedom of |
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| 1 | | Information Act, with respect to information the proposer | 2 | | contends should be exempt from disclosure; and
| 3 | | (5) certifies if the information is in accordance with | 4 | | the protection of the Illinois Trade Secrets Act.
| 5 | | (c) Notwithstanding any other provision of law, in order | 6 | | to properly balance the need to maximize competition under | 7 | | this Act with the need to create a transparent procurement | 8 | | process, the qualifications, proposals, and other information | 9 | | and documents submitted by proposers and the Transportation | 10 | | Agency's evaluation records shall not be subject to release or | 11 | | disclosure by the Transportation Agency until execution of the | 12 | | design-build contract or Construction Manager/General | 13 | | Contractor contract, as applicable. If the Transportation | 14 | | Agency terminates the procurement for a transportation | 15 | | facility, the exemption from release or disclosure under this | 16 | | Section shall remain in place until the Transportation Agency | 17 | | re-procures the transportation facility and has entered into a | 18 | | design-build contract or Construction Manager/General | 19 | | Contractor contract, as applicable. However, this exemption | 20 | | shall lapse if the Transportation Agency does not commence the | 21 | | re-procurement of the transportation facility within 5 years | 22 | | of the termination.
| 23 | | Section 45. Design-build contract.
A design-build contract | 24 | | may include any provisions the Transportation Agency | 25 | | determines are necessary or appropriate, including, but not |
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| 1 | | limited to, provisions regarding the following:
| 2 | | (1) compensation or payments to the design-builder;
| 3 | | (2) grounds for termination of the design-build | 4 | | contract, including the Transportation Agency's right to | 5 | | terminate for convenience;
| 6 | | (3) liability for damages and nonperformance;
| 7 | | (4) events of default and the rights and remedies | 8 | | available to the design-builder and the Transportation | 9 | | Agency in the event of a default or delay;
| 10 | | (5) the identification of any technical specifications | 11 | | that the design-builder must comply with when developing | 12 | | plans or performing construction work;
| 13 | | (6) the procedures for review and approval of the | 14 | | design-builder's plans;
| 15 | | (7) required performance and payment security;
| 16 | | (8) the terms and conditions of indemnification and | 17 | | minimum insurance requirements; and
| 18 | | (9) any other terms and conditions the Transportation | 19 | | Agency deems necessary. | 20 | | Section 50. Construction Manager/General Contractor | 21 | | contract.
| 22 | | (a) The Construction Manager/General Contractor contract | 23 | | shall divide the Construction Manager/General Contractor | 24 | | services into 2 phases. The first phase shall address | 25 | | preconstruction services and the procedures the parties shall |
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| 1 | | follow to finalize the contract terms for the second phase. | 2 | | The second phase shall address the Construction | 3 | | Manager/General Contractor's construction of the | 4 | | transportation facility for a lump sum or a guaranteed maximum | 5 | | price.
| 6 | | (b) A Construction Manager/General Contractor contract | 7 | | shall include provisions regarding the following:
| 8 | | (1) the Construction Manager/General Contractor's | 9 | | provision of preconstruction services during the first | 10 | | phase of the contract, including the Construction | 11 | | Manager/General Contractor's compensation for those | 12 | | services;
| 13 | | (2) a requirement that, during the first phase of the | 14 | | contract, the Construction Manager/General Contractor | 15 | | shall use a competitive bidding process to procure | 16 | | subcontracts for at least the minimum percentage of | 17 | | construction work specified in the request for proposals, | 18 | | provided that: | 19 | | (A) compliance with this requirement shall be | 20 | | based on an estimated cost for the construction work | 21 | | approved by the Transportation Agency before the start | 22 | | of the competitive bidding process; and | 23 | | (B) the Construction Manager/General Contractor | 24 | | may not use subcontracts with its wholly or partially | 25 | | owned subsidiaries, parent companies, or affiliates to | 26 | | satisfy this obligation;
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| 1 | | (3) the process the Transportation Agency and the | 2 | | Construction Manager/General Contractor shall use to | 3 | | determine a lump sum or guaranteed maximum price for the | 4 | | construction work, including a requirement that the | 5 | | Transportation Agency conduct an independent cost estimate | 6 | | for the construction work; and
| 7 | | (4) grounds for termination of the Construction | 8 | | Manager/General Contractor contract, including the | 9 | | Transportation Agency's right to terminate the contract | 10 | | and not proceed with the construction phase of the project | 11 | | if the Transportation Agency and the Construction | 12 | | Manager/General Contractor are unable to negotiate a lump | 13 | | sum or guaranteed maximum price for the construction work.
| 14 | | (c) In addition to the provisions under subsection (b) of | 15 | | this Section, a Construction Manager/General Contractor | 16 | | contract may include any other provisions the Transportation | 17 | | Agency determines are necessary or appropriate, including, but | 18 | | not limited to, provisions regarding the following:
| 19 | | (1) liability for damages and nonperformance;
| 20 | | (2) events of default and the rights and remedies | 21 | | available to the Construction Manager/General Contractor | 22 | | and the Transportation Agency in the event of a default or | 23 | | delay;
| 24 | | (3) the identification of any technical specifications | 25 | | that the Construction Manager/General Contractor must | 26 | | comply with when aiding the Transportation Agency with |
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| 1 | | developing plans or performing construction work;
| 2 | | (4) required performance and payment security for the | 3 | | construction phase of the contract;
| 4 | | (5) the terms and conditions of indemnification and | 5 | | minimum insurance requirements; and
| 6 | | (6) any other terms and conditions the Transportation | 7 | | Agency deems necessary.
| 8 | | (d) If the Construction Manager/General Contractor | 9 | | contract is terminated for any reason, the Transportation | 10 | | Agency, in its sole discretion, may readvertise the | 11 | | Construction Manager/General Contractor contract under this | 12 | | Act or use any other authorized procurement method to complete | 13 | | the transportation facility or any portion of the | 14 | | transportation facility. Once the contract is terminated, the | 15 | | Transportation Agency may use any work product developed by | 16 | | the Construction Manager/General Contractor to complete the | 17 | | transportation facility.
| 18 | | Section 55. Funding and financing.
| 19 | | (a) The Transportation Agency may use any lawful source of | 20 | | funding and financing to compensate a design-builder and | 21 | | Construction Manager/General Contractor for work and services | 22 | | performed under a design-build contract or Construction | 23 | | Manager/General Contractor contract, as applicable, and the | 24 | | Transportation Agency may combine federal, State, local, and | 25 | | private funds to finance a transportation facility.
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| 1 | | (b) Subject to appropriation by the General Assembly of | 2 | | the required amounts, the Transportation Agency may obligate | 3 | | and make expenditures of funds as and when needed to satisfy | 4 | | its payment obligations under a design-build contract or | 5 | | Construction Manager/General Contractor contract.
| 6 | | Section 56. Utilization requirements. | 7 | | (a) Design-builder and Construction Manager/General | 8 | | Contractor projects shall comply with Section 2-105 of the | 9 | | Illinois Human Rights Act and all applicable laws and rules | 10 | | that establish standards and procedures for the utilization of | 11 | | minority, disadvantaged, and women-owned businesses, | 12 | | including, but not limited to, the Business Enterprise for | 13 | | Minorities, Women, and Persons with Disabilities Act. Each | 14 | | design-build contract and Construction Manager/General | 15 | | Contractor contract shall include remedies for a contractor's | 16 | | failure to comply with commitments made in the proposal or | 17 | | utilization plan, including, without limitation, failure to | 18 | | cooperate in providing information regarding compliance or | 19 | | termination of any subcontractor identified in the utilization | 20 | | plan without the consent of the Transportation Agency. Such | 21 | | remedies may include termination of the contract, imposition | 22 | | of a penalty in an amount equivalent to any profit or cost | 23 | | savings accruing to the contractor as a result of the | 24 | | violation, or any other remedy available to the Transportation | 25 | | Agency at law or in equity.
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| 1 | | (b) For the purposes of this Section, aspirational goals | 2 | | compliant with the Business Enterprise for Minorities, Women, | 3 | | and Persons with Disabilities Act shall be established | 4 | | separately for construction-related professional services and | 5 | | shall be consistent with the Transportation Agency's | 6 | | methodology for design-bid-build contracts. As used in this | 7 | | Section, "construction-related professional services" means | 8 | | those services within the scope of the practice of | 9 | | architecture, professional engineering, structural | 10 | | engineering, or land surveying, as defined in the Illinois | 11 | | Architecture Practice Act of 1989, the Professional | 12 | | Engineering Practice Act of 1989, the Illinois Professional | 13 | | Land Surveyor Act of 1989, or the Illinois Structural | 14 | | Engineering Practice Act of 1989. | 15 | | Section 57. Labor. | 16 | | (a) A contract or agreement under this Act shall require | 17 | | the design-builder or Construction Manager/General Contractor, | 18 | | and all subcontractors, to comply with Section 30-22 of the | 19 | | Illinois Procurement Code as it applies to responsible bidders | 20 | | and to present satisfactory evidence of that compliance to the | 21 | | Transportation Agency, unless the transportation project is | 22 | | federally funded and the application of those requirements | 23 | | would jeopardize the receipt or use of federal funds in | 24 | | support of the transportation project. | 25 | | (b) A contract or agreement under this Act shall require |
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| 1 | | the design-builder or Construction Manager/General Contractor | 2 | | to enter into a project labor agreement used by the | 3 | | Transportation Agency. | 4 | | (c) This Section does not apply to construction-related | 5 | | professional services. As used in this Section, | 6 | | "construction-related professional services" means those | 7 | | services within the scope of the practice of architecture, | 8 | | professional engineering, structural engineering, or land | 9 | | surveying, as defined in the Illinois Architecture Practice | 10 | | Act of 1989, the Professional Engineering Practice Act of | 11 | | 1989, the Illinois Professional Land Surveyor Act of 1989, or | 12 | | the Illinois Structural Engineering Practice Act of 1989. | 13 | | Section 60. Acquisition of property and related | 14 | | agreements. The Transportation Agency may exercise any and all | 15 | | powers of condemnation or eminent domain, including quick-take | 16 | | powers, to acquire lands or estates or interests in land for a | 17 | | transportation facility under this Act to the extent the | 18 | | Transportation Agency finds that the action serves the public | 19 | | purpose of this Act and deems the action appropriate in the | 20 | | exercise of its powers under this Act. In addition, the | 21 | | Transportation Agency and a design-builder or Construction | 22 | | Manager/General Contractor may enter into leases, licenses, | 23 | | easements, and other grants of property interests that the | 24 | | Transportation Agency determines are necessary to deliver a | 25 | | transportation facility under this Act. |
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| 1 | | Section 65. Federal requirements. In the procurement of | 2 | | design-build contracts and Construction Manager/General | 3 | | Contractor contracts, the Transportation Agency shall, to the | 4 | | extent applicable, comply with federal law and regulations and | 5 | | take all necessary steps to adapt its rules, policies, and | 6 | | procedures to remain eligible for federal aid. | 7 | | Section 70. Powers. The powers granted to the | 8 | | Transportation Agency under this Act, including the power to | 9 | | procure and enter into design-build contracts and Construction | 10 | | Manager/General Contractor contracts, shall be liberally | 11 | | construed to accomplish its purpose, are in addition to any | 12 | | existing powers of the Transportation Agency, and shall not | 13 | | affect or impair any other powers authorized under applicable | 14 | | law. | 15 | | Section 75. Rulemaking. | 16 | | (a) The Illinois Administrative Procedure Act applies to | 17 | | all administrative rules and procedures of the Transportation | 18 | | Agency under this Act, except that nothing in this Act shall be | 19 | | construed to render any prequalification or other | 20 | | responsibility criteria as a "license" or "licensing" under | 21 | | that Act. | 22 | | (b) The appropriate chief procurement officer, in | 23 | | consultation with the Transportation Agency, may adopt rules |
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| 1 | | to carry out the provisions of this Act. | 2 | | Section 80. Repeal. This Act is repealed on July 1, 2032. | 3 | | Section 905. The Department of Transportation Law of the
| 4 | | Civil Administrative Code of Illinois is amended by adding | 5 | | Section 2705-233 as follows: | 6 | | (20 ILCS 2705/2705-233 new) | 7 | | Sec. 2705-233. Innovations for Transportation | 8 | | Infrastructure Act. The Department may exercise all powers | 9 | | granted to it under the Innovations for Transportation | 10 | | Infrastructure Act, including, but not limited to, the power | 11 | | to enter into all contracts or agreements necessary or | 12 | | incidental to the performance of its powers under that Act, | 13 | | and powers related to any transportation facility implemented | 14 | | under that Act. | 15 | | Section 910. The Illinois Finance Authority Act is amended | 16 | | by adding Section 825-108 as follows: | 17 | | (20 ILCS 3501/825-108 new) | 18 | | Sec. 825-108. Transportation project financing. For the | 19 | | purpose of financing a transportation facility undertaken | 20 | | under the Innovations for Transportation Infrastructure Act, | 21 | | the Authority may apply for an allocation of tax-exempt bond |
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| 1 | | financing authorization provided by subsection (m) of Section | 2 | | 142 of the United States Internal Revenue Code, as well as | 3 | | financing available under any other federal law or program. | 4 | | Section 915. The Illinois Procurement Code is amended by | 5 | | adding Section 1-10.5 as follows: | 6 | | (30 ILCS 500/1-10.5 new) | 7 | | Sec. 1-10.5. Alternative Technical Concepts. | 8 | | (a) For the purposes of this Section, "Alternative | 9 | | Technical Concepts" and "design-bid-build project delivery | 10 | | method" have the meanings ascribed to those terms in the | 11 | | Innovations for Transportation Infrastructure Act. | 12 | | (b) Notwithstanding subsection (b) of Section 1-10 of this | 13 | | Code, the Department of Transportation may allow bidders and | 14 | | proposers to submit Alternative Technical Concepts in their | 15 | | bids and proposals, if the Department determines that the | 16 | | Alternative Technical Concepts provide an equal or better | 17 | | solution than the underlying technical requirements applicable | 18 | | to the work. Notwithstanding the foregoing, for projects the | 19 | | Department delivers using the design-bid-build project | 20 | | delivery method, the Department shall use the Alternative | 21 | | Technical Concepts process for no more than 3 projects. If the | 22 | | Department allows bidders or proposers for a particular | 23 | | contract to submit Alternative Technical Concepts, the | 24 | | Department shall describe the process for submission and |
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| 1 | | evaluation of Alternative Technical Concepts in the | 2 | | procurement documents for that contract, including the | 3 | | potential use of confidential meetings and the exchange of | 4 | | confidential information with bidders and proposers to review | 5 | | and discuss potential or proposed Alternative Technical | 6 | | Concepts. | 7 | | Section 920. The Public Construction Bond Act is amended | 8 | | by adding Section 1.9 as follows: | 9 | | (30 ILCS 550/1.9 new) | 10 | | Sec. 1.9. Design-build contracts and Construction | 11 | | Manager/General Contractor contracts. This Act applies to any | 12 | | design-build contract or Construction Manager/General | 13 | | Contractor contract entered into under the Innovations for | 14 | | Transportation 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 design-build | 20 | | contracts and Construction Manager/General Contractor | 21 | | contracts entered into under the Innovations for | 22 | | Transportation Infrastructure Act. |
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| 1 | | Section 930. The Business Enterprise for Minorities, | 2 | | Women, 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 design-build | 7 | | contracts and Construction Manager/General Contractor | 8 | | contracts entered into under the Innovations for | 9 | | Transportation Infrastructure Act. | 10 | | Section 935. 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. Innovations for Transportation Infrastructure | 14 | | Act. The Authority may exercise all powers granted to it under | 15 | | the Innovations for Transportation Infrastructure Act, | 16 | | including, but not limited to, the power to enter into all | 17 | | contracts or agreements necessary to perform its powers under | 18 | | that Act, and any powers related to a transportation facility | 19 | | implemented under that Act. | 20 | | Section 940. 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 945. The Prevailing Wage Act is amended by | 9 | | changing 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, | 6 | | or 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 | 14 | | Act, funds for
school infrastructure under Section 6z-45 of | 15 | | the State Finance Act, and funds
for transportation purposes | 16 | | under Section 4 of the General Obligation Bond
Act. "Public | 17 | | works" also includes (i) all projects financed in whole or in | 18 | | part
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; | 21 | | (ii) all work performed pursuant to a public private agreement | 22 | | under the Public Private Agreements for the Illiana Expressway | 23 | | Act or the Public-Private Agreements for the South Suburban | 24 | | Airport Act; and (iii) all projects undertaken under a | 25 | | public-private agreement under the Public-Private Partnerships | 26 | | for 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 | 9 | | 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
"Public | 10 | | works" does not include work done directly by any public | 11 | | utility company, whether or not done under public supervision | 12 | | or direction, or paid for wholly or in part out of public | 13 | | funds. "Public works" also includes any corrective action | 14 | | performed pursuant to Title XVI of the Environmental | 15 | | Protection Act for which payment from the Underground Storage | 16 | | Tank Fund is requested. "Public works" does not include | 17 | | projects undertaken by the owner at an owner-occupied | 18 | | single-family residence or at an owner-occupied unit of a | 19 | | multi-family residence. "Public works" does not include work | 20 | | performed for soil and water conservation purposes on | 21 | | agricultural lands, whether or not done under public | 22 | | supervision or paid for wholly or in part out of public funds, | 23 | | done directly by an owner or person who has legal control of | 24 | | those lands.
| 25 | | "Construction" means all work on public works involving | 26 | | laborers,
workers or mechanics. This includes any maintenance, |
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| 1 | | repair, assembly, or disassembly work performed on equipment | 2 | | whether owned, leased, or rented.
| 3 | | "Locality" means the county where the physical work upon | 4 | | public works
is performed, except (1) that if there is not | 5 | | available in the county a
sufficient number of competent | 6 | | skilled laborers, workers and mechanics
to construct the | 7 | | public works efficiently and properly, "locality"
includes any | 8 | | other county nearest the one in which the work or
construction | 9 | | is to be performed and from which such persons may be
obtained | 10 | | in sufficient numbers to perform the work and (2) that, with
| 11 | | respect to contracts for highway work with the Department of
| 12 | | Transportation of this State, "locality" may at the discretion | 13 | | of the
Secretary of the Department of Transportation be | 14 | | construed to include
two or more adjacent counties from which | 15 | | workers may be accessible for
work on such construction.
| 16 | | "Public body" means the State or any officer, board or | 17 | | commission of
the State or any political subdivision or | 18 | | department thereof, or any
institution supported in whole or | 19 | | in part by public funds,
and includes every county, city, | 20 | | town,
village, township, school district, irrigation, utility, | 21 | | reclamation
improvement or other district and every other | 22 | | political subdivision,
district or municipality of the state | 23 | | whether such political
subdivision, municipality or district | 24 | | operates under a special charter
or not.
| 25 | | "Labor organization" means an organization that is the | 26 | | exclusive representative of an
employer's employees recognized |
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| 1 | | or certified pursuant to the National Labor Relations Act. | 2 | | The terms "general prevailing rate of hourly wages", | 3 | | "general
prevailing rate of wages" or "prevailing rate of | 4 | | wages" when used in
this Act mean the hourly cash wages plus | 5 | | annualized fringe benefits for training and
apprenticeship | 6 | | programs approved by the U.S. Department of Labor, Bureau of
| 7 | | Apprenticeship and Training, health and welfare, insurance, | 8 | | vacations and
pensions paid generally, in the
locality in | 9 | | which the work is being performed, to employees engaged in
| 10 | | work of a similar character on public works.
| 11 | | (Source: P.A. 100-1177, eff. 6-1-19 .)
| 12 | | Section 995. No acceleration or delay. Where this Act | 13 | | makes changes in a statute that is represented in this Act by | 14 | | text that is not yet or no longer in effect (for example, a | 15 | | Section represented by multiple versions), the use of that | 16 | | text does not accelerate or delay the taking effect of (i) the | 17 | | changes made by this Act or (ii) provisions derived from any | 18 | | other Public Act. | 19 | | Section 997. Severability. The provisions of this Act are | 20 | | severable under Section 1.31 of the Statute on Statutes.
| 21 | | Section 999. Effective date. This Act takes effect upon | 22 | | becoming law.
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