Full Text of HB5813 99th General Assembly
HB5813 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5813 Introduced , by Rep. Brian W. Stewart 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 535/85 new | | 30 ILCS 570/2.8 new | | 30 ILCS 575/2.8 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. Provides that the Department of Transportation and the Illinois State Toll Highway Authority may evaluate and use alternative technical concepts proposed by bidders and proposers, and to use design-build and construction manager-general contractor project delivery methods. Contains provisions concerning the procurement process and terms of design-build and construction manager-general contractor contracts. Provides that the Department and the Authority have eminent domain and quick take powers under the Act. Makes conforming changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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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 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 | 17 | | retained by the public in the conventional design-bid-build | 18 | | 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 DB | 23 | | and CMGC project delivery methods.
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| 1 | | (d) It is the intent of this Act to use design | 2 | | professionals, construction companies, and workers from this | 3 | | State to the greatest extent possible.
| 4 | | (e) The powers granted in this Act are in addition to any | 5 | | other powers authorized under applicable law. | 6 | | Section 10. Definitions. As used in this Act:
| 7 | | "Agency" means the Department of Transportation or the | 8 | | Illinois State Toll Highway Authority. | 9 | | "ATC" means alternative technical concepts.
| 10 | | "Authority" means the Illinois State Toll Highway | 11 | | Authority. | 12 | | "Best value" means any selection process in which proposals | 13 | | contain both price and qualitative components and award is | 14 | | based upon a combination of price, qualitative concepts, and | 15 | | other factors.
| 16 | | "Chief procurement officer" means the chief procurement | 17 | | officer for the Department or the Authority.
| 18 | | "CMGC contract" means the two-phase contract between the | 19 | | Department or the Authority and a construction manager-general | 20 | | contractor, which includes a first phase addressing | 21 | | preconstruction services and a second phase addressing the | 22 | | construction of the transportation facility.
| 23 | | "Construction manager-general contractor" or "CMGC" means | 24 | | a proposer that has entered into a construction manager-general | 25 | | contractor contract under this Act.
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| 1 | | "Construction manager-general contractor project delivery | 2 | | method" or "CMGC project delivery method" means a method of | 3 | | procurement and contracting that makes a CMGC who enters into a | 4 | | contract with the Department or the Authority responsible for | 5 | | certain preconstruction services and then, if the parties reach | 6 | | agreement on key terms, responsible for construction of the | 7 | | transportation facility.
| 8 | | "DB" means design-build.
| 9 | | "Department" means the Illinois Department of | 10 | | Transportation.
| 11 | | "Design-bid-build project delivery method" means the | 12 | | traditional method of procuring and contracting for design and | 13 | | construction services used in this State, which incorporates | 14 | | the Architectural, Engineering, and Land Surveying | 15 | | Qualifications Based Selection Act and the principles of | 16 | | competitive bidding under the Illinois Procurement Code.
| 17 | | "Design-build contract" or "DB contract" means a contract | 18 | | between the Department or the Authority and a design-builder | 19 | | under which the design-builder agrees to furnish | 20 | | architectural, surveying, engineering, construction, and | 21 | | related services for a transportation facility.
| 22 | | "Design-build project delivery method" or "DB project | 23 | | delivery method" means a method of procurement and contracting | 24 | | that provides responsibility within a single contract between | 25 | | the Department or the Authority and a design-builder for the | 26 | | furnishing of architectural, surveying, engineering, |
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| 1 | | construction, and related services for a transportation | 2 | | facility.
| 3 | | "Design-builder" means a proposer that has entered into a | 4 | | design-build contract with the Department or the Authority | 5 | | under this Act.
| 6 | | "Evaluation Committee" means the committee assembled to | 7 | | evaluate and score statements of qualifications and proposals.
| 8 | | "Evaluation criteria" means the standards and requirements | 9 | | established by the Department or the Authority against which | 10 | | the qualifications and proposals of a proposer will be assessed | 11 | | during the procurement of a design-build contract or | 12 | | construction manager-general contractor contract, as | 13 | | applicable.
| 14 | | "Executive Director" means the Executive Director of the | 15 | | Illinois State Toll Highway Authority. | 16 | | "Metropolitan planning organization" means a metropolitan | 17 | | planning organization under 23 U.S.C. 134 whose metropolitan | 18 | | planning area boundaries are partially or completely within | 19 | | this State.
| 20 | | "Preconstruction services" means all | 21 | | non-construction-related services that a construction | 22 | | manager-general contractor is required to perform during the | 23 | | first phase of a construction manager-general contractor | 24 | | contract, which may include giving advice to the Department or | 25 | | the Authority regarding scheduling, work sequencing, cost | 26 | | engineering, constructability, cost estimating, and risk |
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| 1 | | identification.
| 2 | | "Proposal" means a proposer's response to a request for | 3 | | proposals.
| 4 | | "Proposer" means any individual, sole proprietorship, | 5 | | firm, partnership, joint venture, corporation, professional | 6 | | corporation, or other entity legally established to conduct | 7 | | business in this State that proposes to be the design-build or | 8 | | construction manager-general contractor for any transportation | 9 | | facility under this Act. | 10 | | "Qualifications" means a statement of qualifications | 11 | | submitted by a proposer in response to a request for | 12 | | qualifications.
| 13 | | "Request for proposals" means the document issued by the | 14 | | Department or the Authority to solicit proposals and describe | 15 | | the procurement process for a design-build contract or | 16 | | construction manager-general contractor contract in accordance | 17 | | with the design-build project delivery method or the | 18 | | construction manager-general contractor project delivery | 19 | | method, as applicable.
| 20 | | "Request for qualifications" means the document issued by | 21 | | the Department or the Authority in the first phase of a | 22 | | two-phase procurement to solicit qualifications from proposers | 23 | | in accordance with the design-build project delivery method or | 24 | | the construction manager-general contractor project delivery | 25 | | method, as applicable.
| 26 | | "Scope and performance requirements" means the constructed |
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| 1 | | elements, activities, and standards of performance required by | 2 | | the Department or the Authority to be complied with in the | 3 | | development of the transportation facility, which may include, | 4 | | but not be limited to, the intended usage, capacity, size, | 5 | | scope, quality and performance standards, life-cycle costs, | 6 | | preliminary engineering, design, and other requirements as | 7 | | developed and determined by the Department or the Authority.
| 8 | | "Secretary" means the Secretary of Transportation of the | 9 | | Illinois Department of Transportation.
| 10 | | "Transportation facility" means any new or existing | 11 | | facility or group of facilities that are the subject of a | 12 | | design-build contract or a construction manager-general | 13 | | contractor contract, and which may include highways, roads, | 14 | | bridges, tunnels, overpasses, ferries, airports or other | 15 | | aviation facilities, public transportation facilities, vehicle | 16 | | parking facilities, seaport facilities, rail facilities, | 17 | | intermodal facilities, transit facilities, or similar | 18 | | facilities used for the transportation of persons or goods.
| 19 | | Section 15. Authorization of project delivery methods.
| 20 | | (a) Notwithstanding any other law, and as authority | 21 | | supplemental to its existing powers, the Agency, in accordance | 22 | | with this Act, may use the design-build project delivery method | 23 | | or the CMGC project delivery method for transportation | 24 | | facilities; provided that, prior to commencing a procurement | 25 | | under this Act for either a design-build contract or a CMGC |
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| 1 | | contract, the Agency has first undertaken an analysis and made | 2 | | a written determination that it is in the best interests of | 3 | | this State to utilize the selected delivery method for that | 4 | | transportation facility. The analysis and determination shall | 5 | | discuss the design-build or CMGC project delivery method's | 6 | | impact on the anticipated schedule, completion date, and | 7 | | project costs. The best interests of the State analysis shall | 8 | | be made available to the public.
| 9 | | (b) The Agency shall report to the General Assembly | 10 | | annually for the first 5 years after the effective date of this | 11 | | Act on the progress of procurements and transportation | 12 | | facilities procured under this Act. | 13 | | Section 20. Preconditions to commencement of procurement.
| 14 | | If the Agency determines to use the design-build project | 15 | | delivery method or the CMGC project delivery method for a | 16 | | particular transportation facility, the Agency shall not | 17 | | commence a procurement for the transportation facility until: | 18 | | (1) the Agency determines that the transportation facility | 19 | | is consistent with the regional plan of any metropolitan | 20 | | planning organization in which the boundaries of the | 21 | | transportation facility are located; and | 22 | | (2) the Agency completes at least one of the following: | 23 | | (A) includes the transportation facility in the | 24 | | Department's Multi-Year Highway
Improvement Program; | 25 | | (B) issues a notice of intent to receive qualifications |
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| 1 | | at least 14 days prior to the issuance of the request for | 2 | | qualifications; or | 3 | | (C) for a single phase procurement under subsection (a) | 4 | | of Section 25 of this Act, issues a notice of intent to | 5 | | receive proposals at least 14 days prior to the issuance of | 6 | | the request for proposals. If the Agency issues this notice | 7 | | of intent, the Department shall publish the notice in the | 8 | | Department's Transportation Procurement Bulletin. The | 9 | | Agency shall include a description of the proposed | 10 | | procurement and transportation facility in any notice of | 11 | | 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 established prequalification, | 26 | | licensing, and registration requirements, including any |
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| 1 | | requirements from the Professional Engineering Practice | 2 | | Act of 1989, the Illinois Architecture Practice Act of | 3 | | 1989, the Structural Engineering Practice Act of 1989, and | 4 | | the Illinois Professional Land Surveyor Act of 1989, | 5 | | provided that nothing contained herein precludes the | 6 | | Agency's use of different or additional prequalification | 7 | | criteria or pass/fail evaluation factors addressing | 8 | | minimum levels of technical experience or financial | 9 | | capabilities;
| 10 | | (5) the maximum number of proposers the Agency will | 11 | | short-list to submit proposals; and
| 12 | | (6) any other relevant information the Agency deems | 13 | | appropriate.
| 14 | | (c) Upon completion of the qualifications evaluation, the | 15 | | Agency shall, based on the evaluation criteria set forth in the | 16 | | request for qualifications, create a short-list of the most | 17 | | highly qualified proposers. The Agency shall short-list no more | 18 | | than 5 and no fewer than 2 of the most highly qualified | 19 | | proposers. Notwithstanding other provisions of this subsection | 20 | | (c), the Agency may short-list fewer than 2 proposers if the | 21 | | Secretary of Transportation or the Executive Director make a | 22 | | finding that an emergency situation justifies the limited | 23 | | short-listing and fewer than 2 proposers meet any applicable | 24 | | prequalification and pass/fail requirements set forth in the | 25 | | request for qualifications.
| 26 | | (d) The request for proposals may contain any information |
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| 1 | | deemed appropriate by the Agency including, without | 2 | | limitation, the following information:
| 3 | | (1) the form and amount of required bid security;
| 4 | | (2) the terms of the DB or CMGC contract including, but | 5 | | not limited to, scope and performance requirements, | 6 | | schedule or completion date requirements, subcontractor | 7 | | requirements, payment and performance security | 8 | | requirements, and insurance requirements;
| 9 | | (3) a requirement for the proposer to submit plans | 10 | | regarding how it will: | 11 | | (A) comply the utilization requirements for | 12 | | business enterprises established in the Business | 13 | | Enterprise for Minorities, Females, and Persons with | 14 | | Disabilities Act, or federal law or regulations that | 15 | | establish standards and procedures for the utilization | 16 | | of minority, disadvantaged, and female-owned | 17 | | businesses; and | 18 | | (B) comply with Section 2-105 of the Illinois Human | 19 | | Rights Act;
| 20 | | (4) the requirements for the technical component of the | 21 | | proposal, including a description of the level of design, | 22 | | scope and type of renderings, drawings, and specifications | 23 | | to be provided in the proposals;
| 24 | | (5) the requirements for the price component of the | 25 | | proposal, which for CMGC contracts may include a | 26 | | requirement for the proposer to submit a lump sum price for |
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| 1 | | the direct costs to perform the required preconstruction | 2 | | services and percentage mark-up on those direct costs;
| 3 | | (6) the evaluation criteria for the proposals and the | 4 | | relative importance of those criteria, including any | 5 | | formulas to be employed by the Agency, as the Agency deems | 6 | | appropriate; | 7 | | (7) a process for the Agency to review and accept | 8 | | alternate technical concepts;
| 9 | | (8) in the case of a single phase procurement, | 10 | | requirements regarding the proposer's qualifications; and
| 11 | | (9) any other relevant information the Agency deems | 12 | | appropriate.
| 13 | | (e) Prior to the proposers' submittal of proposals, the | 14 | | Agency may conduct confidential meetings and exchange | 15 | | confidential information with proposers to promote | 16 | | understanding of the request for proposals, review alternative | 17 | | technical concepts, or discuss other issues related to the | 18 | | procurement.
| 19 | | (f) The date proposals are due must be at least 28 calendar | 20 | | days after the date the Agency first issues the request for | 21 | | proposals.
| 22 | | (g) The Agency may offer to pay a stipend in an amount and | 23 | | on the terms and conditions determined by the Agency and as set | 24 | | forth in the request for proposals to (1) all short-listed | 25 | | proposers if the Agency cancels the procurement before the due | 26 | | date for proposals; or (2) each unsuccessful proposer that |
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| 1 | | submits a responsive proposal. The Agency may pay a stipend | 2 | | only to those proposers who grant to the Agency the right to | 3 | | use any work product contained in the unsuccessful proposer's | 4 | | proposal and other proposal-related submissions or, if the | 5 | | Agency cancels the procurement before the due date for | 6 | | proposals, any work product developed prior to cancellation, | 7 | | including technologies, techniques, methods, processes, and | 8 | | information contained in the recipient's design for the | 9 | | transportation facility.
| 10 | | (h) The Agency shall, as appropriate depending on whether | 11 | | the transportation facility includes building facilities, | 12 | | directly employ or retain a professional engineer or engineers | 13 | | licensed in the State or a licensed architect or architects, or | 14 | | both engineers licensed in this State and licensed architects, | 15 | | to prepare the scope and assist in the evaluation of the | 16 | | proposals' technical submissions under a design-build project | 17 | | delivery method. The professional engineers and licensed | 18 | | architects performing these services are generally precluded | 19 | | from participating in the procurement of the transportation | 20 | | facility at issue as a member of a proposer team.
| 21 | | (i) The Agency shall have the right to reject any and all | 22 | | qualifications or proposals, including, but not limited to, the | 23 | | right to reject any qualifications or proposals as | 24 | | non-responsive if, in the Agency's sole discretion, the | 25 | | qualifications or proposals do not meet all material | 26 | | requirements of the request for qualifications or request for |
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| 1 | | proposals, as appropriate. The Agency shall not consider a | 2 | | proposal that does not include: | 3 | | (1) the proposer's plan to comply with requirements | 4 | | established by the Agency regarding utilization of | 5 | | business enterprises, including disadvantaged business | 6 | | enterprises; or | 7 | | (2) bid security in the form and amount designated in | 8 | | the request for proposals. | 9 | | (j) The Agency shall consult with the chief procurement | 10 | | officer on the DB and the CMGC procurement processes, and the | 11 | | Secretary or the Executive Director, in consultation with the | 12 | | chief procurement officer, shall determine which procedures to | 13 | | adopt and apply to the design-build and CMGC procurement | 14 | | processes in order to ensure an open, transparent, and | 15 | | efficient process that accomplishes the purposes of this Act.
| 16 | | Section 30. Evaluation committee. | 17 | | (a) The Agency shall establish one or more evaluation | 18 | | committees to assist in selecting a DB and a CMGC. The Agency | 19 | | shall, in its sole discretion, determine the appropriate size | 20 | | and composition of the evaluation committee, including how many | 21 | | members of the committee must be licensed design professionals.
| 22 | | (b) The Agency may establish an evaluation committee for a | 23 | | set term or for the procurement of a particular transportation | 24 | | facility.
| 25 | | (c) Once the Agency identifies the proposers for a |
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| 1 | | transportation facility, each member of an evaluation | 2 | | committee must certify that no conflict of interest exists | 3 | | between the member and the proposers. If the Agency, after | 4 | | consultation with the chief procurement officer, determines | 5 | | that an actual conflict exists, the member shall not | 6 | | participate on the evaluation committee for that procurement | 7 | | and the Agency shall appoint a replacement member on either a | 8 | | permanent or temporary basis. | 9 | | Section 35. Procedures for selection. The Agency shall | 10 | | review, evaluate, rank, and score proposals and determine which | 11 | | proposal offers the best value to the public based on the | 12 | | evaluation criteria set forth in the request for proposals, and | 13 | | shall award the contract based on those determinations. | 14 | | Notwithstanding other provisions of this Section, if for any | 15 | | reason the proposer awarded the contract is unable or unwilling | 16 | | to execute the contract, including the failure of the proposer | 17 | | and the Agency to successfully complete negotiations, if any, | 18 | | of the contract, the Agency may award the contract to the | 19 | | proposer whose proposal the Agency determines offers the public | 20 | | the next best value. | 21 | | Section 40. Project records; confidentiality; public | 22 | | disclosure.
| 23 | | (a) The Agency shall maintain all written decisions, | 24 | | qualification and proposal evaluations, scoring documents, |
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| 1 | | selection evaluations, proposals, and procurement documents in | 2 | | a procurement file maintained by the Agency.
| 3 | | (b) A proposer may identify those portions of a proposal or | 4 | | other submission that the proposer considers to be trade | 5 | | secrets or confidential, commercial, financial, or proprietary | 6 | | information. To consider confidential and proprietary | 7 | | information, including trade secrets, to be exempt from | 8 | | disclosure, the proposer shall do all of the following:
| 9 | | (1) request exclusion from disclosure upon submission | 10 | | of the information or other materials for which protection | 11 | | is sought;
| 12 | | (2) identify the data or other materials for which | 13 | | protection is sought;
| 14 | | (3) state the statutory or regulatory basis for the | 15 | | protection;
| 16 | | (4) fully comply with the federal Freedom of | 17 | | Information Act and any other applicable provisions of | 18 | | State law, including, but not limited to, the Freedom of | 19 | | Information Act, with respect to information the proposer | 20 | | contends should be exempt from disclosure; and
| 21 | | (5) certify if the information is in accordance with | 22 | | the protection of the Illinois Trade Secrets Act.
| 23 | | (c) Notwithstanding any other provision of law, in order to | 24 | | properly balance the need to maximize competition under this | 25 | | Act with the need to create a transparent procurement process, | 26 | | the qualifications, proposals, and other information and |
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| 1 | | documents submitted by proposers and the Agency's evaluation | 2 | | records shall not be subject to release or disclosure by the | 3 | | Agency until execution of the DB contract or CMGC contract, as | 4 | | applicable. If the Agency terminates the procurement for a | 5 | | transportation facility, the exemption from release or | 6 | | disclosure under this Section shall remain in place until the | 7 | | Agency re-procures the transportation facility and has entered | 8 | | into a DB contract or CMGC contract, as applicable. However, | 9 | | this exemption shall lapse if the Agency does not commence the | 10 | | re-procurement of the transportation facility within 5 years of | 11 | | the termination.
| 12 | | Section 45. Design-build contract.
A DB contract may | 13 | | include any provisions the Agency determines are necessary or | 14 | | appropriate, including, but not limited to, provisions | 15 | | regarding the following:
| 16 | | (1) compensation or payments to the DB;
| 17 | | (2) grounds for termination of the DB contract, | 18 | | including the Agency's right to terminate for convenience;
| 19 | | (3) liability for damages and nonperformance;
| 20 | | (4) events of default and the rights and remedies | 21 | | available to the design-builder and the Agency in the event | 22 | | of a default or delay;
| 23 | | (5) terms for the DB's compliance with requirements | 24 | | pertaining to business enterprises, including | 25 | | disadvantaged business enterprises, and with Section 2-105 |
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| 1 | | of the Illinois Human Rights Act;
| 2 | | (6) the identification of any technical specifications | 3 | | that the DB must comply with when developing plans or | 4 | | performing construction work;
| 5 | | (7) the procedures for review and approval of the DB's | 6 | | plans;
| 7 | | (8) required performance and payment security;
| 8 | | (9) the terms and conditions of indemnification and | 9 | | minimum insurance requirements; and
| 10 | | (10) any other terms and conditions the Agency deems | 11 | | necessary. | 12 | | Section 50. Construction manager-general contractor | 13 | | contract.
| 14 | | (a) The CMGC contract shall divide the CMGC services into 2 | 15 | | phases. The first phase shall address preconstruction services | 16 | | and the procedures the parties shall follow to finalize the | 17 | | contract terms for the second phase. The second phase shall | 18 | | address the CMGC's construction of the transportation facility | 19 | | for a lump sum or a guaranteed maximum price.
| 20 | | (b) A CMGC contract shall include provisions regarding the | 21 | | following:
| 22 | | (1) the CMGC's provision of preconstruction services | 23 | | during the first phase of the contract, including the | 24 | | CMGC's compensation for those services;
| 25 | | (2) a requirement that, during the first phase of the |
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| 1 | | contract, the CMGC shall use a competitive bidding process | 2 | | to procure subcontracts for at least 70% of the | 3 | | construction work, provided that: | 4 | | (A) compliance with this requirement shall be | 5 | | based on an estimated cost for the construction work | 6 | | approved by the Agency prior to the start of the | 7 | | competitive bidding process; and | 8 | | (B) the CMGC may not use subcontracts with its | 9 | | wholly or partially owned subsidiaries, parent | 10 | | companies, or affiliates to satisfy this obligation;
| 11 | | (3) the process the Agency and the CMGC will use to | 12 | | determine a lump sum or guaranteed maximum price for the | 13 | | construction work, which shall include a requirement that | 14 | | the Agency conduct an independent cost estimate for the | 15 | | construction work; and
| 16 | | (4) grounds for termination of the CMGC contract, | 17 | | including the Agency' s right to terminate the contract and | 18 | | not proceed with the construction phase of the project if | 19 | | the Agency and the CMGC are unable to negotiate a lump sum | 20 | | or guaranteed maximum price for the construction work.
| 21 | | (c) In addition to the provisions under subsection (b) of | 22 | | this Section, a CMGC contract may include any other provisions | 23 | | the Agency determines are necessary or appropriate, including, | 24 | | but not limited to, provisions regarding the following:
| 25 | | (1) liability for damages and nonperformance;
| 26 | | (2) events of default and the rights and remedies |
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| 1 | | available to the CMGC and the Agency in the event of a | 2 | | default or delay;
| 3 | | (3) terms for the CMGC's compliance with requirements | 4 | | pertaining to business enterprises, including | 5 | | disadvantaged business enterprises, and with Section 2-105 | 6 | | of the Illinois Human Rights Act for any construction work | 7 | | performed under the CMGC contract;
| 8 | | (4) the identification of any technical specifications | 9 | | that the CMGC must comply with when aiding the Agency with | 10 | | developing plans or performing construction work;
| 11 | | (5) required performance and payment security for the | 12 | | construction phase of the contract;
| 13 | | (6) the terms and conditions of indemnification and | 14 | | minimum insurance requirements; and
| 15 | | (7) any other terms and conditions the Agency deems | 16 | | necessary.
| 17 | | (d) If the CMGC contract is terminated for any reason, the | 18 | | Agency may, in its sole discretion, re-advertise the CMGC | 19 | | contract under this Act or use any other authorized procurement | 20 | | method to complete the transportation facility or any portion | 21 | | of the transportation facility. Once the contract is | 22 | | terminated, the Agency may use any work product developed by | 23 | | the CMGC to complete the transportation facility.
| 24 | | Section 55. Funding; financing.
| 25 | | (a) The Agency may utilize any lawful source of funding and |
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| 1 | | financing to compensate a DB and CMGC for work and services | 2 | | performed under a DB contract or CMGC contract, as applicable, | 3 | | and the Agency may combine federal, State, local, and private | 4 | | funds to finance a transportation facility.
| 5 | | (b) Subject to appropriation by the General Assembly of the | 6 | | required amounts, the Agency may obligate and make expenditures | 7 | | of funds as and when needed to satisfy its payment obligations | 8 | | under a DB contract or CMGC contract.
| 9 | | (c) The Agency may impose, for no more than 5 years, | 10 | | financing obligations and other financial responsibilities on | 11 | | a design-builder in order to finance the costs of a | 12 | | transportation facility. | 13 | | Section 60. Acquisition of property; related agreements. | 14 | | The Agency may exercise any and all powers of condemnation or | 15 | | eminent domain, including quick-take powers, to acquire lands | 16 | | or estates or interests in land for a transportation facility | 17 | | under this Act to the extent the Agency finds that the action | 18 | | serves the public purpose of this Act and deems the action | 19 | | appropriate in the exercise of its powers under this Act. In | 20 | | addition, the Agency and a DB or CMGC may enter into leases, | 21 | | licenses, easements, and other grants of property interests | 22 | | that the Agency determines are necessary to deliver a | 23 | | transportation facility under this Act. | 24 | | Section 65. Federal requirements. In the procurement of DB |
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| 1 | | contracts and CMGC contracts, the Agency shall, to the extent | 2 | | necessary, comply with federal law and regulations and take all | 3 | | necessary steps to adapt its rules, policies, and procedures to | 4 | | remain eligible for federal aid. | 5 | | Section 70. Powers. The powers granted to the Agency under | 6 | | this Act, including the power to procure and enter into DB and | 7 | | CMGC contracts, shall be liberally construed to accomplish its | 8 | | purpose, are in addition to any existing powers of the Agency, | 9 | | and shall not affect or impair any other powers authorized | 10 | | under applicable law. | 11 | | Section 75. Rulemaking. | 12 | | (a) The Illinois Administrative Procedure Act applies to | 13 | | all administrative rules and procedures of the Agency under | 14 | | this Act, except that nothing in this Act shall be construed to | 15 | | render any prequalification or other responsibility criteria | 16 | | as a "license" or "licensing" under that Act. | 17 | | (b) The Agency, in consultation with the chief procurement | 18 | | officer, may adopt rules to carry out the provisions of this | 19 | | Act. | 20 | | Section 905. The Department of Transportation Law of the
| 21 | | Civil Administrative Code of Illinois is amended by adding | 22 | | Section 2705-233 as follows: |
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| 1 | | (20 ILCS 2705/2705-233 new) | 2 | | Sec. 2705-233. Design-build and construction | 3 | | manager-general contractor for the transportation | 4 | | infrastructure. The Department may exercise all powers granted | 5 | | to it under the Innovations for Transportation Infrastructure | 6 | | Act, including, but not limited to, the power to enter into all | 7 | | contracts or agreements necessary or incidental to the | 8 | | performance of its powers under that Act, and powers related to | 9 | | any transportation facility implemented under that Act. | 10 | | Section 910. The Illinois Finance Authority Act is amended | 11 | | by adding Section 825-108 as follows: | 12 | | (20 ILCS 3501/825-108 new) | 13 | | Sec. 825-108. Transportation project financing. For the | 14 | | purpose of financing a transportation facility undertaken | 15 | | under the Innovations for Transportation Infrastructure Act, | 16 | | the Authority may apply for an allocation of tax-exempt bond | 17 | | financing authorization provided by subsection (m) of Section | 18 | | 142 of the United States Internal Revenue Code, as well as | 19 | | financing available under any other federal law or program. | 20 | | Section 915. The Illinois Procurement Code is amended by | 21 | | adding Section 1-10.5 as follows: | 22 | | (30 ILCS 500/1-10.5 new) |
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| 1 | | Sec. 1-10.5. Alternative technical concepts. | 2 | | Notwithstanding subsection (b) of Section 1-10 of this Code, | 3 | | the Department of Transportation and the Illinois State Toll | 4 | | Highway Authority may allow bidders and proposers to submit | 5 | | alternative technical concepts in their bids and proposals, | 6 | | provided the Department or Authority determines that the | 7 | | alternative technical concepts provide an equal or better | 8 | | solution than the underlying technical requirements applicable | 9 | | to the work. If the Department or Authority allow bidders or | 10 | | proposers for a particular contract to submit alternative | 11 | | technical concepts, the Department or Authority shall describe | 12 | | the process for alternative technical concept submission and | 13 | | evaluation in the procurement documents for that contract, | 14 | | including the potential use of confidential meetings and the | 15 | | exchange of confidential information with bidders and | 16 | | proposers to review and discuss potential or proposed | 17 | | alternative technical concepts. | 18 | | Section 920. The Architectural, Engineering, and Land | 19 | | Surveying
Qualifications Based Selection Act is amended by | 20 | | adding Section 85 as follows: | 21 | | (30 ILCS 535/85 new) | 22 | | Sec. 85. Design-build and construction manager-general | 23 | | contractor contracts. This Act shall not apply to the | 24 | | procurement of or contracting for transportation facilities |
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| 1 | | using design-build contracts and construction manager-general | 2 | | contractor contracts under the Innovations for Transportation | 3 | | Infrastructure Act. | 4 | | Section 925. The Employment of Illinois Workers on Public | 5 | | Works Act is amended by adding Section 2.8 as follows: | 6 | | (30 ILCS 570/2.8 new) | 7 | | Sec. 2.8. Design build and construction manager-general | 8 | | contractor contracts. This Act applies to any construction work | 9 | | undertaken under design build contracts and construction | 10 | | manager-general contractor contracts entered into under the | 11 | | Innovations for Transportation Infrastructure Act. | 12 | | Section 930. The Business Enterprise for Minorities, | 13 | | Females, and Persons with
Disabilities Act is amended by adding | 14 | | Section 2.8 as follows: | 15 | | (30 ILCS 575/2.8 new) | 16 | | Sec. 2.8. Design build and construction manager-general | 17 | | contractor contracts. This Act applies to any construction work | 18 | | undertaken under design build contracts and construction | 19 | | manager-general contractor contracts entered into under the | 20 | | Innovations for Transportation Infrastructure Act. | 21 | | Section 935. The Eminent Domain Act is amended by adding |
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| 1 | | Section 15-5-48 as follows: | 2 | | (735 ILCS 30/15-5-48 new) | 3 | | Sec. 15-5-48. Eminent domain powers in new Acts. The | 4 | | following provisions of law may include express grants of the | 5 | | power to acquire property by condemnation or eminent domain: | 6 | | The Innovations for Transportation Infrastructure Act; for | 7 | | the purposes of constructing a transportation facility under | 8 | | the Act. | 9 | | Section 940. The Prevailing Wage Act is amended by changing | 10 | | Section 2 as follows:
| 11 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 12 | | Sec. 2. This Act applies to the wages of laborers, | 13 | | mechanics and
other workers employed in any public works, as | 14 | | hereinafter defined, by
any public body and to anyone under | 15 | | contracts for public works. This includes any maintenance, | 16 | | repair, assembly, or disassembly work performed on equipment | 17 | | whether owned, leased, or rented.
| 18 | | As used in this Act, unless the context indicates | 19 | | otherwise:
| 20 | | "Public works" means all fixed works constructed or | 21 | | demolished by
any public body,
or paid for wholly or in part | 22 | | out of public funds. "Public works" as
defined herein includes | 23 | | all projects financed in whole
or in part with bonds, grants, |
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| 1 | | loans, or other funds made available by or through the State or | 2 | | any of its political subdivisions, including but not limited | 3 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 4 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 5 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 6 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 7 | | the Build Illinois Bond Act; loans or other funds made
| 8 | | available pursuant to the Build Illinois Act; loans or other | 9 | | funds made available pursuant to the Riverfront Development | 10 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 11 | | Act; or funds from the Fund for
Illinois' Future under Section | 12 | | 6z-47 of the State Finance Act, funds for school
construction | 13 | | under Section 5 of the General Obligation Bond Act, funds
| 14 | | authorized under Section 3 of the School Construction Bond Act, | 15 | | funds for
school infrastructure under Section 6z-45 of the | 16 | | State Finance Act, and funds
for transportation purposes under | 17 | | Section 4 of the General Obligation Bond
Act. "Public works" | 18 | | also includes (i) all projects financed in whole or in part
| 19 | | with funds from the Department of Commerce and Economic | 20 | | Opportunity under the Illinois Renewable Fuels Development | 21 | | Program
Act for which there is no project labor agreement; (ii) | 22 | | all work performed pursuant to a public private agreement under | 23 | | the Public Private Agreements for the Illiana Expressway Act or | 24 | | the Public-Private Agreements for the South Suburban Airport | 25 | | Act; and (iii) all projects undertaken under a public-private | 26 | | agreement under the Public-Private Partnerships for |
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| 1 | | Transportation Act ; and (iv) all transportation facilities | 2 | | undertaken under a design-build contract or a construction | 3 | | manager-general contractor contract under the Innovations for | 4 | | Transportation Infrastructure Act . "Public works" also | 5 | | includes all projects at leased facility property used for | 6 | | airport purposes under Section 35 of the Local Government | 7 | | Facility Lease Act. "Public works" also includes the | 8 | | construction of a new wind power facility by a business | 9 | | designated as a High Impact Business under Section 5.5(a)(3)(E) | 10 | | of the Illinois Enterprise Zone Act.
"Public works" does not | 11 | | include work done directly by any public utility company, | 12 | | whether or not done under public supervision or direction, or | 13 | | paid for wholly or in part out of public funds. "Public works" | 14 | | also includes any corrective action performed pursuant to Title | 15 | | XVI of the Environmental Protection Act for which payment from | 16 | | the Underground Storage Tank Fund is requested. "Public works" | 17 | | does not include projects undertaken by the owner at an | 18 | | owner-occupied single-family residence or at an owner-occupied | 19 | | unit of a multi-family residence. "Public works" does not | 20 | | include work performed for soil and water conservation purposes | 21 | | on 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 public | 7 | | works efficiently and properly, "locality"
includes any other | 8 | | county nearest the one in which the work or
construction is to | 9 | | be performed and from which such persons may be
obtained in | 10 | | 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 in | 19 | | part by public funds,
and includes every county, city, town,
| 20 | | 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 | | The terms "general prevailing rate of hourly wages", | 26 | | "general
prevailing rate of wages" or "prevailing rate of |
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| 1 | | wages" when used in
this Act mean the hourly cash wages plus | 2 | | annualized fringe benefits for training and
apprenticeship | 3 | | programs approved by the U.S. Department of Labor, Bureau of
| 4 | | Apprenticeship and Training, health and welfare, insurance, | 5 | | vacations and
pensions paid generally, in the
locality in which | 6 | | the work is being performed, to employees engaged in
work of a | 7 | | similar character on public works.
| 8 | | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; | 9 | | 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. | 10 | | 7-16-14.)
| 11 | | Section 997. Severability. The provisions of this Act are | 12 | | severable under Section 1.31 of the Statute on Statutes.
| 13 | | Section 999. Effective date. This Act takes effect upon | 14 | | becoming law.
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