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90_HB1059ham001
LRB9003739NTsbam
1 AMENDMENT TO HOUSE BILL 1059
2 AMENDMENT NO. . Amend House Bill 1059, by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Highway Code by changing
5 Section 4-103.
6 WHEREAS, Project Labor Agreements promote labor peace,
7 stability, and uninterrupted performance in the construction
8 of public works; therefore"; and
9 by replacing everything after the enacting clause with the
10 following:
11 "Section 5. The Illinois Highway Code is amended by
12 changing Section 4-103 as follows:
13 (605 ILCS 5/4-103) (from Ch. 121, par. 4-103)
14 Sec. 4-103. Any contracts that may be entered into for
15 the construction of highways shall be let after due public
16 advertisement to the lowest responsible bidder, or bidders,
17 upon terms and conditions to be fixed by the Department, and
18 the Department shall also require the successful bidder, or
19 bidders, to furnish good and sufficient bonds to insure
20 proper and prompt completion of such work in accordance with
21 the provisions of such contracts, provided that neither this
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1 Section nor any other provision of this Code shall be
2 construed to prohibit a contract for the construction of
3 highways let by the Department, or subject to the
4 Department's supervision and approval, from requiring the
5 contractor who is the successful bidder on the contract and
6 its subcontractors, as a condition for performing the work
7 under the contract, to enter into or agree to observe the
8 terms of a project labor agreement establishing the terms and
9 conditions of employment for the laborers, mechanics, or
10 workers performing the work with the labor organization
11 having jurisdiction over the type of work performed.
12 Partial payments may be made for the work as it
13 progresses provided that the Department retains an amount as
14 required by the Standard Specifications for Road and Bridge
15 construction.
16 At the request of the contractor and with the approval of
17 the Department the retainage of the contract may be deposited
18 under a trust agreement with an Illinois financial
19 institution, whose deposits are insured by an agency or
20 instrumentality of the federal government, of the
21 contractor's choice and subject to the approval of the
22 Department.
23 The contractor shall receive any interest thereon.
24 Pursuant to application by the contractor, a trust
25 agreement by the financial institution and the Department
26 shall contain as a minimum, the following provisions:
27 a. The amount to be deposited subject to the trust;
28 b. The terms and conditions of payment in case of
29 default of the contractor;
30 c. The termination of the trust agreement upon
31 completion of the contract.
32 The contractor shall be responsible for obtaining the
33 written consent of the financial institution trustee, and any
34 costs or service fees shall be borne by the contractor.
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1 The trust agreement may, at the discretion of the
2 Department and upon request of the contractor, become
3 operative at the time of the first partial payment in
4 accordance with existing statutes and Department procedures.
5 The provisions of this Section shall apply to all
6 contracts in effect on and after the effective date of this
7 amendatory Act of 1981.
8 (Source: P.A. 84-1263.)".