Full Text of SB2981 102nd General Assembly
SB2981sam003 102ND GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 2/23/2022
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| 1 | | AMENDMENT TO SENATE BILL 2981
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2981 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Innovations for Transportation Infrastructure Act. | 6 | | Section 5. Legislative policy.
| 7 | | (a) It is the public policy of the State of Illinois to | 8 | | promote the development of infrastructure projects that serve | 9 | | the needs of the public.
| 10 | | (b) The design-build 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 |
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| 1 | | private sector that are generally retained by the public in | 2 | | the conventional design-bid-build project delivery method.
| 3 | | (c) It is the intent of the General Assembly that the | 4 | | Department of Transportation and the Illinois State Toll | 5 | | Highway Authority may evaluate and use Alternative Technical | 6 | | Concepts proposed by bidders and proposers and to use the | 7 | | design-build project delivery method and Construction | 8 | | Manager/General Contractor project delivery method.
| 9 | | (d) It is the intent of this Act to use design | 10 | | professionals, construction companies, and workers from this | 11 | | State, reflecting the diversity of the State's businesses and | 12 | | workforce, to the greatest extent possible.
| 13 | | (e) Except as otherwise provided in this Act, the powers | 14 | | granted in this Act are in addition to any other powers | 15 | | authorized under applicable law. | 16 | | Section 10. Definitions. As used in this Act:
| 17 | | "Alternative Technical Concepts" means a proposed | 18 | | deviation from the contract requirements set forth in the | 19 | | procurement documents for a transportation facility that | 20 | | offers a solution that is equal to or better than the | 21 | | requirements in the procurement documents.
| 22 | | "Authority" means the Illinois State Toll Highway | 23 | | Authority. | 24 | | "Best value" means any selection process in which | 25 | | proposals contain both price and qualitative components and |
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| 1 | | award is based upon a combination of price, qualitative | 2 | | concepts, and other factors.
| 3 | | "Chief procurement officer" means the chief procurement | 4 | | officer for the Transportation Agency.
| 5 | | "Construction Manager/General Contractor" means a proposer | 6 | | that has entered into a Construction Manager/General | 7 | | Contractor contract under this Act.
| 8 | | "Construction Manager/General Contractor contract" means a | 9 | | two-phase contract between the Transportation Agency and a | 10 | | Construction Manager/General Contractor that includes a first | 11 | | phase addressing preconstruction services and a second phase | 12 | | addressing the construction of the transportation facility.
| 13 | | "Construction Manager/General Contractor project delivery | 14 | | method" means a method of procurement and contracting that | 15 | | makes a Construction Manager/General Contractor who enters | 16 | | into a contract with the Transportation Agency responsible for | 17 | | certain preconstruction services and then, if the parties | 18 | | reach agreement on key terms, responsible for construction of | 19 | | the transportation facility.
| 20 | | "Department" means the Illinois Department of | 21 | | Transportation.
| 22 | | "Design-bid-build project delivery method" means the | 23 | | traditional method of procuring and contracting for design | 24 | | services and construction services used separately in this | 25 | | State that incorporates the Architectural, Engineering, and | 26 | | Land Surveying Qualifications Based Selection Act and the |
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| 1 | | principles of competitive bidding under the Illinois | 2 | | Procurement Code.
| 3 | | "Design-build contract" means a contract between the | 4 | | Transportation Agency and a design-builder under which the | 5 | | design-builder agrees to furnish architectural, surveying, | 6 | | engineering, construction, and related services for a | 7 | | transportation facility, and may include, but is not limited | 8 | | to, the progressive design-build project delivery method.
| 9 | | "Design-build project delivery method" means a method of | 10 | | procurement and contracting that provides responsibility | 11 | | within a single contract between the Transportation Agency and | 12 | | a design-builder for the furnishing of architectural, | 13 | | surveying, engineering, construction, and related services for | 14 | | a transportation facility.
| 15 | | "Design-builder" means a proposer that has entered into a | 16 | | design-build contract with the Transportation Agency under | 17 | | this Act.
| 18 | | "Evaluation Committee" means the committee assembled to | 19 | | evaluate and score statements of qualifications and proposals.
| 20 | | "Evaluation criteria" means the standards and requirements | 21 | | established by the Transportation Agency against which the | 22 | | qualifications and proposals of a proposer will be assessed | 23 | | during the procurement of a design-build contract or | 24 | | Construction Manager/General Contractor contract, as | 25 | | applicable.
| 26 | | "Executive Director" means the Executive Director of the |
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| 1 | | Illinois State Toll Highway Authority. | 2 | | "Metropolitan planning organization" means a metropolitan | 3 | | planning organization under 23 U.S.C. 134 whose metropolitan | 4 | | planning area boundaries are partially or completely within | 5 | | this State.
| 6 | | "Preconstruction services" means all | 7 | | non-construction-related services that a Construction | 8 | | Manager/General Contractor is required to perform during the | 9 | | first phase of a Construction Manager/General Contractor | 10 | | contract, and may include, but is not limited to, giving | 11 | | advice to the Transportation Agency regarding scheduling, work | 12 | | sequencing, cost engineering, constructability, cost | 13 | | estimating, and risk identification.
| 14 | | "Progressive design-build project delivery method" is a | 15 | | type of design-build project delivery method that consists of | 16 | | 2 phases, with the first phase including budget-level design | 17 | | development, preconstruction services, and negotiation of a | 18 | | contract price (either lump sum or guaranteed maximum price). | 19 | | After completion of the first phase, the second phase is | 20 | | begun. The second phase consists of final design, | 21 | | construction, and commissioning of the project. | 22 | | "Proposal" means a proposer's response to a request for | 23 | | proposals.
| 24 | | "Proposer" means any individual, sole proprietorship, | 25 | | firm, partnership, joint venture, corporation, professional | 26 | | corporation, or other entity legally established to conduct |
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| 1 | | business in this State that proposes to be the design-builder | 2 | | or Construction Manager/General Contractor for any | 3 | | transportation facility under this Act. | 4 | | "Qualifications" means a statement of qualifications | 5 | | submitted by a proposer in response to a request for | 6 | | qualifications.
| 7 | | "Request for proposals" means the document issued by the | 8 | | Transportation Agency to solicit proposals and describe the | 9 | | procurement process for a design-build contract or | 10 | | Construction Manager/General Contractor contract in accordance | 11 | | with the design-build project delivery method or the | 12 | | Construction Manager/General Contractor project delivery | 13 | | method, as applicable.
| 14 | | "Request for qualifications" means the document issued by | 15 | | the Transportation Agency in the first phase of a two-phase | 16 | | procurement to solicit qualifications from proposers in | 17 | | accordance with the design-build project delivery method or | 18 | | the Construction Manager/General Contractor project delivery | 19 | | method, as applicable.
| 20 | | "Scope and performance requirements" means the activities, | 21 | | constructed elements, and standards of performance the | 22 | | Transportation Agency requires the design-builder or the | 23 | | Construction Manager/General Contractor to comply with in the | 24 | | development of the transportation facility, and may include, | 25 | | but is not limited to, the intended usage, capacity, size, | 26 | | scope, quality and performance standards, life-cycle costs, |
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| 1 | | preliminary engineering, design, and other requirements as | 2 | | developed and determined by the Transportation Agency.
| 3 | | "Secretary" means the Secretary of the Illinois Department | 4 | | of Transportation.
| 5 | | "Transportation Agency" means the Illinois Department of | 6 | | Transportation or the Illinois State Toll Highway Authority. | 7 | | "Transportation facility" means any new or existing | 8 | | facility or group of facilities that are the subject of a | 9 | | design-build contract or a Construction Manager/General | 10 | | Contractor contract, and includes highways, roads, bridges, | 11 | | tunnels, overpasses, bus ways, guideways, ferries, airports or | 12 | | other aviation facilities, public transportation facilities, | 13 | | vehicle parking facilities, port facilities, rail facilities, | 14 | | stations, hubs, terminals, intermodal facilities, transit | 15 | | facilities, or similar facilities used for the transportation | 16 | | of persons or goods, together with any buildings, structures, | 17 | | parking areas, appurtenances, intelligent transportation | 18 | | systems, and other property or facilities related to the | 19 | | operation or maintenance of these facilities.
| 20 | | Section 15. Authorization of project delivery methods.
| 21 | | (a) Notwithstanding any other law, and as authority | 22 | | supplemental to its existing powers, except as otherwise | 23 | | provided for in this Act, the Transportation Agency, in | 24 | | accordance with this Act, may use the design-build project | 25 | | delivery method for transportation facilities if the capital |
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| 1 | | costs for transportation facilities delivered utilizing the | 2 | | design-build project delivery method or Construction | 3 | | Manager/General Contractor project delivery method or | 4 | | Alternative Technical Concepts in a design-bid-build project | 5 | | delivery method do not: (i) for transportation facilities | 6 | | delivered by the Department, exceed $400 million of contracts | 7 | | awarded during the Department's multi-year highway improvement | 8 | | program for any 5-year period; or (ii) for transportation | 9 | | facilities delivered by the Authority, exceed 20% of the | 10 | | Authority's annual improvement program. The Transportation | 11 | | Agency shall make this calculation before commencing the | 12 | | procurement. Notwithstanding any other law, and as authority | 13 | | supplemental to its existing powers, the Department, in | 14 | | accordance with this Act, may use the Construction | 15 | | Manager/General Contractor project delivery method for up to 2 | 16 | | transportation facilities per year. Before commencing a | 17 | | procurement under this Act for either a design-build contract | 18 | | or a Construction Manager/General Contractor contract, the | 19 | | Transportation Agency shall first undertake an analysis and | 20 | | make a written determination that it is in the best interests | 21 | | of this State to use the selected delivery method for that | 22 | | transportation facility. The analysis and determination shall | 23 | | discuss the design-build project delivery method or | 24 | | Construction Manager/General Contractor project delivery | 25 | | method's impact on the anticipated schedule, completion date, | 26 | | and project costs. The best interests of the State analysis |
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| 1 | | shall be made available to the public.
| 2 | | (b) The Transportation Agency shall report to the General | 3 | | Assembly annually for the first 5 years after the effective | 4 | | date of this Act on the progress of procurements and | 5 | | transportation facilities procured under this Act. | 6 | | (c) A contract entered into pursuant to the provisions of | 7 | | this Act are excepted from the Public Contract Fraud Act. | 8 | | Section 20. Preconditions to commencement of procurement.
| 9 | | If the Transportation Agency determines to use the | 10 | | design-build project delivery method or the Construction | 11 | | Manager/General Contractor project delivery method for a | 12 | | particular transportation facility, the Transportation Agency | 13 | | may not commence a procurement for the transportation facility | 14 | | until the Transportation Agency has satisfied the following | 15 | | requirements: | 16 | | (1) the Transportation Agency does one of the following: | 17 | | (A) the Transportation Agency includes the | 18 | | transportation facility in the Transportation Agency's | 19 | | respective multi-year highway
improvement program and | 20 | | designates it as a design-build project delivery method | 21 | | project or Construction Manager/General Contractor | 22 | | project; | 23 | | (B) the Transportation Agency issues a notice of | 24 | | intent to receive qualifications, that includes a | 25 | | description of the proposed procurement and transportation |
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| 1 | | facility, at least 28 days before the issuance of the | 2 | | request for qualifications, and for a Department-issued | 3 | | notice of intent publishes the notice in the Illinois | 4 | | Transportation Procurement Bulletin and for an | 5 | | Authority-issued notice of intent publishes the notice in | 6 | | the Illinois Procurement Bulletin; or | 7 | | (C) for a single-phase procurement authorized under | 8 | | subsection (a) of Section 25 of this Act, the | 9 | | Transportation Agency issues a notice of intent to receive | 10 | | proposals, that includes a description of the proposed | 11 | | procurement and transportation facility, at least 14 days | 12 | | before the issuance of the request for proposals, and for | 13 | | a Department-issued notice of intent publishes the notice | 14 | | in the Illinois Transportation Procurement Bulletin and | 15 | | for an Authority-issued notice of intent publishes the | 16 | | notice in the Illinois Procurement Bulletin; and | 17 | | (2) the Transportation Agency uses its best efforts to | 18 | | ensure that the transportation facility is consistent with the | 19 | | regional plan in existence at the time of any metropolitan | 20 | | planning organization in which the boundaries of the | 21 | | transportation facility is located, or any other | 22 | | publicly-approved plan. | 23 | | Section 25. Procurement process.
| 24 | | (a) The Transportation Agency may solicit a proposer with | 25 | | which to enter into a design-build contract or Construction |
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| 1 | | Manager/General Contractor contract, as applicable, by using, | 2 | | without limitation, one or more requests for qualifications, a | 3 | | shortlisting of the most highly qualified proposers, requests | 4 | | for proposals, and negotiations. The Transportation Agency | 5 | | shall use a two-phase procurement for a design-build contract | 6 | | to select the successful proposer, except that the | 7 | | Transportation Agency may use a single-phase procurement if | 8 | | the transportation facility is estimated to cost less than | 9 | | $5,000,000 or the Secretary or the Executive Director makes a | 10 | | written determination that the Transportation Agency may use a | 11 | | single-phase procurement for a particular transportation | 12 | | facility. In a two-phase procurement, the Transportation | 13 | | Agency shall use the first phase to evaluate and shortlist the | 14 | | most highly qualified proposers based on a proposer's | 15 | | qualifications, and then use the second phase to evaluate and | 16 | | select a proposer based on proposals submitted by the | 17 | | shortlisted proposers. During the first phase of a two-phase | 18 | | procurement, the Transportation Agency shall not consider | 19 | | price proposals to make its shortlist decision. In a | 20 | | single-phase procurement, the Transportation Agency shall | 21 | | solicit proposers with a request for proposals, and shall | 22 | | evaluate and select a proposer based on those proposals.
| 23 | | (b) The request for qualifications may contain any terms | 24 | | deemed appropriate by the Transportation Agency including, | 25 | | without limitation, the following:
| 26 | | (1) a description of the anticipated scope of work for |
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| 1 | | the transportation facility;
| 2 | | (2) a requirement that the proposer identify certain | 3 | | key personnel, and for design-build contracts certain key | 4 | | firms, the experience of the personnel and firms, and the | 5 | | conditions on which identified personnel and firms can be | 6 | | replaced;
| 7 | | (3) the evaluation criteria for the qualifications and | 8 | | the relative importance of those criteria; these | 9 | | evaluation criteria may address, without limitation, the | 10 | | proposer's technical and financial qualifications, such as | 11 | | specialized experience, technical competence, capability | 12 | | to perform, financial capacity, the proposer's workload, | 13 | | local office presence, past performance including the | 14 | | proposer's safety record and record of utilization of | 15 | | business enterprises, including disadvantaged business | 16 | | enterprises, and any other qualifications-based factors;
| 17 | | (4) the Transportation Agency's prequalification, | 18 | | licensing, and registration requirements, including any | 19 | | requirements from the Professional Engineering Practice | 20 | | Act of 1989, the Illinois Architecture Practice Act of | 21 | | 1989, the Structural Engineering Practice Act of 1989, and | 22 | | the Illinois Professional Land Surveyor Act of 1989, | 23 | | except that nothing contained herein precludes the | 24 | | Transportation Agency's use of additional prequalification | 25 | | criteria or pass-fail evaluation factors addressing | 26 | | minimum levels of technical experience or financial |
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| 1 | | capabilities;
| 2 | | (5) a requirement that the proposer provide references | 3 | | or
contact information for persons who can attest to the | 4 | | past performance of the proposer, including with respect | 5 | | to successful project delivery, subcontracting, labor | 6 | | relations, diverse business utilization, workforce | 7 | | diversity, and compliance with contract requirements; | 8 | | (6) the maximum number of proposers the Transportation | 9 | | Agency will shortlist to submit proposals; and | 10 | | (7) any other relevant information the Transportation | 11 | | Agency deems appropriate.
| 12 | | (c) Upon completion of the qualifications evaluation, the | 13 | | Transportation Agency shall, based on the evaluation criteria | 14 | | set forth in the request for qualifications, create a | 15 | | shortlist of the most highly qualified proposers. The | 16 | | Transportation Agency shall shortlist no more than 5 and no | 17 | | fewer than 2 of the most highly qualified proposers. | 18 | | Notwithstanding other provisions of this subsection (c), the | 19 | | Transportation Agency may shortlist fewer than 2 proposers if | 20 | | the Secretary or the Executive Director makes a finding that | 21 | | an emergency situation justifies the limited shortlisting and | 22 | | fewer than 2 proposers meet any applicable prequalification or | 23 | | pass-fail requirements set forth in the request for | 24 | | qualifications.
| 25 | | (d) The request for proposals may contain any terms deemed | 26 | | appropriate by the Transportation Agency including, without |
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| 1 | | limitation, the following:
| 2 | | (1) the form and amount of required bid security;
| 3 | | (2) the terms of the design-build contract or | 4 | | Construction Manager/General Contractor contract, | 5 | | including, but not limited to, scope and performance | 6 | | requirements, schedule or completion date requirements, | 7 | | subcontractor requirements, payment and performance | 8 | | security requirements, and insurance requirements;
| 9 | | (3) the requirements for the technical component of | 10 | | the proposal, including a description of the level of | 11 | | design, scope and type of renderings, drawings, and | 12 | | specifications to be provided in the proposals;
| 13 | | (4) the requirements for the price component of the | 14 | | proposal, which for Construction Manager/General | 15 | | Contractor contracts may include a requirement for the | 16 | | proposer to submit a lump sum price for the direct costs to | 17 | | perform the required preconstruction services and | 18 | | percentage mark-up on those direct costs;
| 19 | | (5) the evaluation criteria for the proposals, | 20 | | including technical criteria, innovation, and schedule, | 21 | | and the relative importance of those criteria, as the | 22 | | Transportation Agency deems appropriate; | 23 | | (6) a process for the Transportation Agency to review | 24 | | and accept Alternative Technical Concepts;
| 25 | | (7) requirements regarding utilization of business | 26 | | enterprises, including disadvantaged business |
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| 1 | | enterprises, and workforce development, including a | 2 | | description of utilization and workforce diversity plans | 3 | | and certifications to be provided in the proposals for | 4 | | both design and construction phases;
| 5 | | (8) requirements regarding the proposer's | 6 | | qualifications; and
| 7 | | (9) any other relevant information the Transportation | 8 | | Agency deems appropriate.
| 9 | | (e) Before the proposers' submittal of proposals, the | 10 | | Transportation Agency may conduct confidential meetings and | 11 | | exchange confidential information with proposers to promote | 12 | | understanding of the request for proposals, review Alternative | 13 | | Technical Concepts, or discuss other issues related to the | 14 | | procurement.
| 15 | | (f) The date proposals are due must be at least 28 calendar | 16 | | days after the date the Transportation Agency first issues the | 17 | | request for proposals.
| 18 | | (g) The Transportation Agency may offer to pay a stipend | 19 | | in an amount and on the terms and conditions determined by the | 20 | | Transportation Agency and as set forth in the request for | 21 | | proposals to: (1) all shortlisted proposers if the | 22 | | Transportation Agency cancels the procurement after the | 23 | | proposals have been released, but before the due date for | 24 | | proposals; or (2) each unsuccessful proposer that submits a | 25 | | responsive proposal; or (3) each member of the proposer team | 26 | | that
incurs costs in the preparation of the proposal. The |
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| 1 | | Transportation Agency may pay a stipend only to those | 2 | | proposers who grant to the Transportation 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 | | Transportation Agency cancels the procurement after the | 6 | | proposals have been released, but before the due date for | 7 | | proposals, any work product developed before cancellation, | 8 | | including technologies, techniques, methods, processes, and | 9 | | information contained in the recipient's design for the | 10 | | transportation facility.
| 11 | | (h) The Transportation Agency shall, as appropriate | 12 | | depending on whether the transportation facility includes | 13 | | building facilities, directly employ or retain a professional | 14 | | engineer or engineers licensed in this State or a licensed | 15 | | architect or architects, or both engineers licensed in this | 16 | | State and licensed architects, to prepare the scope and assist | 17 | | in the evaluation of the proposals' technical submissions | 18 | | under a design-build project delivery method. The professional | 19 | | engineers and licensed architects performing these services | 20 | | are precluded from participating in the procurement of the | 21 | | transportation facility at issue as a member of a proposer | 22 | | team.
| 23 | | (i) The Transportation Agency has the right to reject any | 24 | | and all qualifications or proposals, including, but not | 25 | | limited to, the right to reject any qualifications or | 26 | | proposals as non-responsive, if, in the Transportation |
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| 1 | | Agency's sole discretion, the qualifications or proposals do | 2 | | not meet all material requirements of the request for | 3 | | qualifications or request for proposals, as appropriate. The | 4 | | Transportation Agency shall not consider a proposal that does | 5 | | not include: | 6 | | (1) the proposer's plan to comply with requirements | 7 | | established by the Transportation Agency regarding | 8 | | utilization of business enterprises, including | 9 | | disadvantaged business enterprises; or | 10 | | (2) bid security in the form and amount designated in | 11 | | the request for proposals. | 12 | | (j) The Transportation Agency shall consult with the | 13 | | appropriate chief procurement officer on the design-build | 14 | | project delivery method and the Construction Manager/General | 15 | | Contractor project delivery method procurement processes, and | 16 | | the Secretary or the Executive Director, in consultation with | 17 | | the chief procurement officer, shall determine which | 18 | | procedures to adopt and apply to the design-build project | 19 | | delivery method and Construction Manager/General Contractor | 20 | | project delivery method procurement processes in order to | 21 | | ensure an open, transparent, and efficient process that | 22 | | accomplishes the purposes of this Act. | 23 | | (k) To ensure taxpayer accountability, for any project | 24 | | with an estimated cost over $30,000,000, the Transportation | 25 | | Agency shall independently procure an owner's representative | 26 | | or construction manager to supplement staff directly employed |
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| 1 | | by the Transportation Agency, provide design reviews, | 2 | | constructability reviews, construction acceptance, oversight | 3 | | of utility relocations, independent quality assurance surveys, | 4 | | independent material testing, documentation of construction, | 5 | | risk mitigation, and oversight of construction activities, | 6 | | including construction management, maintenance of traffic, | 7 | | permit compliance, and other services which may include: value | 8 | | engineering, stakeholder coordination, or public involvement | 9 | | management.
| 10 | | Section 30. Evaluation committee. | 11 | | (a) The Transportation Agency shall establish one or more | 12 | | evaluation committees to assist in selecting a design-builder | 13 | | and a Construction Manager/General Contractor. The | 14 | | Transportation Agency, in its sole discretion, shall determine | 15 | | the appropriate size and composition of the evaluation | 16 | | committee; however, at least half of the committee must be | 17 | | licensed professional engineers.
| 18 | | (b) The Transportation Agency may establish an evaluation | 19 | | committee for a set term or for the procurement of a particular | 20 | | transportation facility.
| 21 | | (c) Once the Transportation Agency identifies the | 22 | | proposers for a transportation facility, each member of an | 23 | | evaluation committee must certify that no conflict of interest | 24 | | exists between the member and the proposers. If the | 25 | | Transportation Agency, after consultation with the chief |
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| 1 | | procurement officer, determines that an actual conflict | 2 | | exists, the member shall not participate on the evaluation | 3 | | committee for that procurement and the Transportation Agency | 4 | | shall appoint a replacement member on either a permanent or a | 5 | | temporary basis. | 6 | | Section 35. Procedures for selection. | 7 | | (a) The Transportation Agency shall review, evaluate, | 8 | | score, and rank proposals and determine which proposal offers | 9 | | the best value to the public based on the evaluation criteria | 10 | | set forth in the request for proposals. The Transportation | 11 | | Agency shall award the contract based on this determination. | 12 | | Notwithstanding other provisions of this Section, if for any | 13 | | reason the proposer awarded the contract is unable or | 14 | | unwilling to execute the contract, including the failure of | 15 | | the proposer and the Transportation Agency to successfully | 16 | | complete negotiations, if any, of the contract, the | 17 | | Transportation Agency may award the contract to the proposer | 18 | | whose proposal the Transportation Agency determines offers the | 19 | | public the next best value. | 20 | | (b) After a response to a request for qualifications or a | 21 | | request for proposals has been submitted as provided in | 22 | | Section 25, a design-builder shall not replace, remove, or | 23 | | otherwise modify any firm identified as a member of the | 24 | | proposer team unless authorized to do so by the Transportation | 25 | | Agency. |
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| 1 | | Section 40. Project records; confidentiality; public | 2 | | disclosure.
| 3 | | (a) The Transportation Agency shall maintain all written | 4 | | decisions, qualification and proposal evaluations, scoring | 5 | | documents, selection evaluations, proposals, and procurement | 6 | | documents in a procurement file maintained by the | 7 | | Transportation Agency.
| 8 | | (b) A proposer may identify those portions of a proposal | 9 | | or other submission that the proposer considers to be trade | 10 | | secrets or confidential, commercial, financial, or proprietary | 11 | | information. Confidential and proprietary information, | 12 | | including trade secrets, shall be exempt from disclosure only | 13 | | if the proposer does the following:
| 14 | | (1) requests exclusion from disclosure upon submission | 15 | | of the information or other materials for which protection | 16 | | is sought;
| 17 | | (2) identifies the data or other materials for which | 18 | | protection is sought;
| 19 | | (3) states the statutory or regulatory basis for the | 20 | | protection;
| 21 | | (4) fully complies with the federal Freedom of | 22 | | Information Act and any other applicable provisions of | 23 | | State law, including, but not limited to, the Freedom of | 24 | | Information Act, with respect to information the proposer | 25 | | contends should be exempt from disclosure; and
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| 1 | | (5) certifies if the information is in accordance with | 2 | | the protection of the Illinois Trade Secrets Act.
| 3 | | (c) Notwithstanding any other provision of law, in order | 4 | | to properly balance the need to maximize competition under | 5 | | this Act with the need to create a transparent procurement | 6 | | process, the qualifications, proposals, and other information | 7 | | and documents submitted by proposers and the Transportation | 8 | | Agency's evaluation records shall not be subject to release or | 9 | | disclosure by the Transportation Agency until execution of the | 10 | | design-build contract or Construction Manager/General | 11 | | Contractor contract, as applicable. If the Transportation | 12 | | Agency terminates the procurement for a transportation | 13 | | facility, the exemption from release or disclosure under this | 14 | | Section shall remain in place until the Transportation Agency | 15 | | re-procures the transportation facility and has entered into a | 16 | | design-build contract or Construction Manager/General | 17 | | Contractor contract, as applicable. However, this exemption | 18 | | shall lapse if the Transportation Agency does not commence the | 19 | | re-procurement of the transportation facility within 5 years | 20 | | of the termination.
| 21 | | Section 45. Design-build contract.
A design-build contract | 22 | | may include any provisions the Transportation Agency | 23 | | determines are necessary or appropriate, including, but not | 24 | | limited to, provisions regarding the following:
| 25 | | (1) compensation or payments to the design-builder;
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| 1 | | (2) grounds for termination of the design-build | 2 | | contract, including the Transportation Agency's right to | 3 | | terminate for convenience;
| 4 | | (3) liability for damages and nonperformance;
| 5 | | (4) events of default and the rights and remedies | 6 | | available to the design-builder and the Transportation | 7 | | Agency in the event of a default or delay;
| 8 | | (5) the identification of any technical specifications | 9 | | that the design-builder must comply with when developing | 10 | | plans or performing construction work;
| 11 | | (6) the procedures for review and approval of the | 12 | | design-builder's plans;
| 13 | | (7) required performance and payment security;
| 14 | | (8) the terms and conditions of indemnification and | 15 | | minimum insurance requirements; and
| 16 | | (9) any other terms and conditions the Transportation | 17 | | Agency deems necessary. | 18 | | Section 50. Construction Manager/General Contractor | 19 | | contract.
| 20 | | (a) The Construction Manager/General Contractor contract | 21 | | shall divide the Construction Manager/General Contractor | 22 | | services into 2 phases. The first phase shall address | 23 | | preconstruction services and the procedures the parties shall | 24 | | follow to finalize the contract terms for the second phase. | 25 | | The second phase shall address the Construction |
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| 1 | | Manager/General Contractor's construction of the | 2 | | transportation facility for a lump sum or a guaranteed maximum | 3 | | price.
| 4 | | (b) A Construction Manager/General Contractor contract | 5 | | shall include provisions regarding the following:
| 6 | | (1) the Construction Manager/General Contractor's | 7 | | provision of preconstruction services during the first | 8 | | phase of the contract, including the Construction | 9 | | Manager/General Contractor's compensation for those | 10 | | services;
| 11 | | (2) a requirement that, during the first phase of the | 12 | | contract, the Construction Manager/General Contractor | 13 | | shall use a competitive bidding process to procure | 14 | | subcontracts for at least the minimum percentage of | 15 | | construction work specified in the request for proposals, | 16 | | provided that: | 17 | | (A) compliance with this requirement shall be | 18 | | based on an estimated cost for the construction work | 19 | | approved by the Transportation Agency before the start | 20 | | of the competitive bidding process; and | 21 | | (B) the Construction Manager/General Contractor | 22 | | may not use subcontracts with its wholly or partially | 23 | | owned subsidiaries, parent companies, or affiliates to | 24 | | satisfy this obligation;
| 25 | | (3) the process the Transportation Agency and the | 26 | | Construction Manager/General Contractor shall use to |
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| 1 | | determine a lump sum or guaranteed maximum price for the | 2 | | construction work, including a requirement that the | 3 | | Transportation Agency conduct an independent cost estimate | 4 | | for the construction work; and
| 5 | | (4) grounds for termination of the Construction | 6 | | Manager/General Contractor contract, including the | 7 | | Transportation Agency's right to terminate the contract | 8 | | and not proceed with the construction phase of the project | 9 | | if the Transportation Agency and the Construction | 10 | | Manager/General Contractor are unable to negotiate a lump | 11 | | sum or guaranteed maximum price for the construction work.
| 12 | | (c) In addition to the provisions under subsection (b) of | 13 | | this Section, a Construction Manager/General Contractor | 14 | | contract may include any other provisions the Transportation | 15 | | Agency determines are necessary or appropriate, including, but | 16 | | not limited to, provisions regarding the following:
| 17 | | (1) liability for damages and nonperformance;
| 18 | | (2) events of default and the rights and remedies | 19 | | available to the Construction Manager/General Contractor | 20 | | and the Transportation Agency in the event of a default or | 21 | | delay;
| 22 | | (3) the identification of any technical specifications | 23 | | that the Construction Manager/General Contractor must | 24 | | comply with when aiding the Transportation Agency with | 25 | | developing plans or performing construction work;
| 26 | | (4) required performance and payment security for the |
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| 1 | | construction phase of the contract;
| 2 | | (5) the terms and conditions of indemnification and | 3 | | minimum insurance requirements; and
| 4 | | (6) any other terms and conditions the Transportation | 5 | | Agency deems necessary.
| 6 | | (d) If the Construction Manager/General Contractor | 7 | | contract is terminated for any reason, the Transportation | 8 | | Agency, in its sole discretion, may readvertise the | 9 | | Construction Manager/General Contractor contract under this | 10 | | Act or use any other authorized procurement method to complete | 11 | | the transportation facility or any portion of the | 12 | | transportation facility. Once the contract is terminated, the | 13 | | Transportation Agency may use any work product developed by | 14 | | the Construction Manager/General Contractor to complete the | 15 | | transportation facility.
| 16 | | Section 55. Funding and financing.
| 17 | | (a) The Transportation Agency may use any lawful source of | 18 | | funding and financing to compensate a design-builder and | 19 | | Construction Manager/General Contractor for work and services | 20 | | performed under a design-build contract or Construction | 21 | | Manager/General Contractor contract, as applicable, and the | 22 | | Transportation Agency may combine federal, State, local, and | 23 | | private funds to finance a transportation facility.
Any | 24 | | Transportation Agency that administers a construction program | 25 | | for which federal law or regulations establish standards and |
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| 1 | | procedures for the utilization of minority-owned and | 2 | | women-owned businesses and disadvantaged businesses shall | 3 | | implement a disadvantaged business enterprise program to | 4 | | include minority-owned and women-owned businesses and | 5 | | disadvantaged businesses, using the federal standards and | 6 | | procedures for the establishment of goals and utilization | 7 | | procedures for the State-funded, as well as the federally | 8 | | assisted, portions of the program. In cases of federal funding | 9 | | or federally assisted projects, these goals shall not exceed | 10 | | those established pursuant to the relevant and applicable | 11 | | federal statutes or regulations. | 12 | | (b) Subject to appropriation by the General Assembly of | 13 | | the required amounts, the Transportation Agency may obligate | 14 | | and make expenditures of funds as and when needed to satisfy | 15 | | its payment obligations under a design-build contract or | 16 | | Construction Manager/General Contractor contract.
| 17 | | Section 56. Utilization requirements. | 18 | | (a) Design-builder and Construction Manager/General | 19 | | Contractor projects shall comply with Section 2-105 of the | 20 | | Illinois Human Rights Act and all applicable laws and rules | 21 | | that establish standards and procedures for the utilization of | 22 | | minority, disadvantaged, and women-owned businesses, | 23 | | including, but not limited to, the Business Enterprise for | 24 | | Minorities, Women, and Persons with Disabilities Act. Any | 25 | | Transportation Agency that administers a construction program, |
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| 1 | | for which federal law or regulations establish standards and | 2 | | procedures for the utilization of minority-owned and | 3 | | women-owned businesses and disadvantaged businesses shall | 4 | | implement a disadvantaged business enterprise program to | 5 | | include minority-owned and women-owned businesses and | 6 | | disadvantaged businesses, using the federal standards and | 7 | | procedures for the establishment of goals and utilization | 8 | | procedures for the State-funded, as well as the federally | 9 | | assisted, portions of the program. In cases of federal funding | 10 | | or federally assisted projects, these goals shall not exceed | 11 | | those established pursuant to the relevant and applicable | 12 | | federal statutes or regulations. Each design-build contract | 13 | | and Construction Manager/General Contractor contract shall | 14 | | include remedies for a contractor's failure to comply with | 15 | | commitments made in the proposal or utilization plan, | 16 | | including, without limitation, failure to cooperate in | 17 | | providing information regarding compliance or termination of | 18 | | any subcontractor identified in the utilization plan without | 19 | | the consent of the Transportation Agency. Such remedies may | 20 | | include termination of the contract, imposition of a penalty | 21 | | in an amount equivalent to any profit or cost savings accruing | 22 | | to the contractor as a result of the violation, withholding of | 23 | | payments, liquidated damages, disqualification from future | 24 | | bidding as non-responsible, or any other remedy available to | 25 | | the Transportation Agency at law or in equity.
| 26 | | (b) For the purposes of this Section, aspirational goals |
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| 1 | | compliant with the Business Enterprise for Minorities, Women, | 2 | | and Persons with Disabilities Act and Disadvantaged Business | 3 | | Enterprise Program shall be established separately for | 4 | | construction-related professional services and shall be | 5 | | consistent with the Transportation Agency's methodology for | 6 | | design-bid-build contracts. As used in this Section, | 7 | | "construction-related professional services" means those | 8 | | services within the scope of the practice of architecture, | 9 | | professional engineering, structural engineering, or land | 10 | | surveying, as defined in the Illinois Architecture Practice | 11 | | Act of 1989, the Professional Engineering Practice Act of | 12 | | 1989, the Illinois Professional Land Surveyor Act of 1989, or | 13 | | the Illinois Structural Engineering Practice Act of 1989. | 14 | | Section 57. Labor. | 15 | | (a) A contract or agreement under this Act shall require | 16 | | the design-builder or Construction Manager/General Contractor, | 17 | | and all subcontractors, to comply with Section 30-22 of the | 18 | | Illinois Procurement Code as it applies to responsible bidders | 19 | | and to present satisfactory evidence of that compliance to the | 20 | | Transportation Agency, unless the transportation project is | 21 | | federally funded and the application of those requirements | 22 | | would jeopardize the receipt or use of federal funds in | 23 | | support of the transportation project. | 24 | | (b) A contract or agreement under this Act shall require | 25 | | the design-builder or Construction Manager/General Contractor |
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| 1 | | to enter into a project labor agreement used by the | 2 | | Transportation Agency. | 3 | | (c) This Section does not apply to construction-related | 4 | | professional services. As used in this Section, | 5 | | "construction-related professional services" means those | 6 | | services within the scope of the practice of architecture, | 7 | | professional engineering, structural engineering, or land | 8 | | surveying, as defined in the Illinois Architecture Practice | 9 | | Act of 1989, the Professional Engineering Practice Act of | 10 | | 1989, the Illinois Professional Land Surveyor Act of 1989, or | 11 | | the Illinois Structural Engineering Practice Act of 1989. | 12 | | Section 58. Disadvantaged business enterprise liaison. The | 13 | | Office of Business and Workforce Diversity established under | 14 | | Section 2705-593 of the Department of Transportation Law of | 15 | | the Civil Administrative Code of Illinois shall retain a staff | 16 | | member or consultant to act as a liaison of for outreach, | 17 | | monitoring, and compliance with the Department's Disadvantaged | 18 | | Business Enterprise Program consistent with all applicable | 19 | | federal rules governing the disadvantaged business enterprise | 20 | | process. The Department shall also determine attainable goals | 21 | | for projects using the new project delivery procurement | 22 | | methods, in accordance with federal regulations. The | 23 | | Department shall publish a quarterly report regarding projects | 24 | | sourced through new procurements methods that includes | 25 | | utilization goals and utilization achieved. |
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| 1 | | Section 60. Acquisition of property and related | 2 | | agreements. The Transportation Agency may exercise any and all | 3 | | powers of condemnation or eminent domain, including quick-take | 4 | | powers, to acquire lands or estates or interests in land for a | 5 | | transportation facility under this Act to the extent the | 6 | | Transportation Agency finds that the action serves the public | 7 | | purpose of this Act and deems the action appropriate in the | 8 | | exercise of its powers under this Act. In addition, the | 9 | | Transportation Agency and a design-builder or Construction | 10 | | Manager/General Contractor may enter into leases, licenses, | 11 | | easements, and other grants of property interests that the | 12 | | Transportation Agency determines are necessary to deliver a | 13 | | transportation facility under this Act. | 14 | | Section 65. Federal requirements. In the procurement of | 15 | | design-build contracts and Construction Manager/General | 16 | | Contractor contracts, the Transportation Agency shall, to the | 17 | | extent applicable, comply with federal law and regulations and | 18 | | take all necessary steps to adapt its rules, policies, and | 19 | | procedures to remain eligible for federal aid. | 20 | | Section 70. Powers. The powers granted to the | 21 | | Transportation Agency under this Act, including the power to | 22 | | procure and enter into design-build contracts and Construction | 23 | | Manager/General Contractor contracts, shall be liberally |
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| 1 | | construed to accomplish its purpose, are in addition to any | 2 | | existing powers of the Transportation Agency, and shall not | 3 | | affect or impair any other powers authorized under applicable | 4 | | law, except as otherwise provided for in this Act. | 5 | | Section 75. Rulemaking. | 6 | | (a) The Illinois Administrative Procedure Act applies to | 7 | | all administrative rules and procedures of the Transportation | 8 | | Agency under this Act, except that nothing in this Act shall be | 9 | | construed to render any prequalification or other | 10 | | responsibility criteria as a "license" or "licensing" under | 11 | | that Act. | 12 | | (b) The appropriate chief procurement officer, in | 13 | | consultation with the Transportation Agency, may adopt rules | 14 | | to carry out the provisions of this Act. | 15 | | Section 80. Repeal. This Act is repealed on July 1, 2032. | 16 | | Section 905. The Department of Transportation Law of the
| 17 | | Civil Administrative Code of Illinois is amended by adding | 18 | | Section 2705-233 as follows: | 19 | | (20 ILCS 2705/2705-233 new) | 20 | | Sec. 2705-233. Innovations for Transportation | 21 | | Infrastructure Act. The Department may exercise all powers | 22 | | granted to it under the Innovations for Transportation |
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| 1 | | Infrastructure Act, including, but not limited to, the power | 2 | | to enter into all contracts or agreements necessary or | 3 | | incidental to the performance of its powers under that Act, | 4 | | and powers related to any transportation facility implemented | 5 | | under that Act. | 6 | | Section 910. The Illinois Finance Authority Act is amended | 7 | | by adding Section 825-108 as follows: | 8 | | (20 ILCS 3501/825-108 new) | 9 | | Sec. 825-108. Transportation project financing. For the | 10 | | purpose of financing a transportation facility undertaken | 11 | | under the Innovations for Transportation Infrastructure Act, | 12 | | the Authority may apply for an allocation of tax-exempt bond | 13 | | financing authorization provided by subsection (m) of Section | 14 | | 142 of the United States Internal Revenue Code, as well as | 15 | | financing available under any other federal law or program. | 16 | | Section 915. The Illinois Procurement Code is amended by | 17 | | adding Section 1-10.5 as follows: | 18 | | (30 ILCS 500/1-10.5 new) | 19 | | Sec. 1-10.5. Alternative Technical Concepts. | 20 | | (a) For the purposes of this Section, "Alternative | 21 | | Technical Concepts" and "design-bid-build project delivery | 22 | | method" have the meanings ascribed to those terms in the |
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| 1 | | Innovations for Transportation Infrastructure Act. | 2 | | (b) Notwithstanding subsection (b) of Section 1-10 of this | 3 | | Code, the Department of Transportation may allow bidders and | 4 | | proposers to submit Alternative Technical Concepts in their | 5 | | bids and proposals, if the Department determines that the | 6 | | Alternative Technical Concepts provide an equal or better | 7 | | solution than the underlying technical requirements applicable | 8 | | to the work. Notwithstanding the foregoing, for projects the | 9 | | Department delivers using the design-bid-build project | 10 | | delivery method, the Department shall use the Alternative | 11 | | Technical Concepts process for no more than 3 projects per | 12 | | year. If the Department allows bidders or proposers for a | 13 | | particular contract to submit Alternative Technical Concepts, | 14 | | the Department shall describe the process for submission and | 15 | | evaluation of Alternative Technical Concepts in the | 16 | | procurement documents for that contract, including the | 17 | | potential use of confidential meetings and the exchange of | 18 | | confidential information with bidders and proposers to review | 19 | | and discuss potential or proposed Alternative Technical | 20 | | Concepts. | 21 | | Section 920. The Public Construction Bond Act is amended | 22 | | by adding Section 1.9 as follows: | 23 | | (30 ILCS 550/1.9 new) | 24 | | Sec. 1.9. Design-build contracts and Construction |
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| 1 | | Manager/General Contractor contracts. This Act applies to any | 2 | | design-build contract or Construction Manager/General | 3 | | Contractor contract entered into under the Innovations for | 4 | | Transportation Infrastructure Act. | 5 | | Section 925. The Employment of Illinois Workers on Public | 6 | | Works Act is amended by adding Section 2.8 as follows: | 7 | | (30 ILCS 570/2.8 new) | 8 | | Sec. 2.8. Design-build and Construction Manager/General | 9 | | Contractor contracts. This Act applies to any design-build | 10 | | contracts and Construction Manager/General Contractor | 11 | | contracts entered into under the Innovations for | 12 | | Transportation Infrastructure Act. | 13 | | Section 930. The Business Enterprise for Minorities, | 14 | | Women, and Persons with
Disabilities Act is amended by adding | 15 | | Section 2.8 as follows: | 16 | | (30 ILCS 575/2.8 new) | 17 | | Sec. 2.8. Design-build and Construction Manager/General | 18 | | Contractor contracts. This Act applies to any design-build | 19 | | contracts and Construction Manager/General Contractor | 20 | | contracts entered into under the Innovations for | 21 | | Transportation Infrastructure Act. |
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| 1 | | Section 935. The Toll Highway Act is amended by adding | 2 | | Section 11.2 as follows: | 3 | | (605 ILCS 10/11.2 new) | 4 | | Sec. 11.2. Innovations for Transportation Infrastructure | 5 | | Act. The Authority may exercise all powers granted to it under | 6 | | the Innovations for Transportation Infrastructure Act, | 7 | | including, but not limited to, the power to enter into all | 8 | | contracts or agreements necessary to perform its powers under | 9 | | that Act, and any powers related to a transportation facility | 10 | | implemented under that Act. | 11 | | Section 940. The Eminent Domain Act is amended by adding | 12 | | Section 15-5-48 as follows: | 13 | | (735 ILCS 30/15-5-48 new) | 14 | | Sec. 15-5-48. Eminent domain powers in new Acts. The | 15 | | following provisions of law may include express grants of the | 16 | | power to acquire property by condemnation or eminent domain: | 17 | | The Innovations for Transportation Infrastructure Act; for | 18 | | the purposes of constructing a transportation facility under | 19 | | the Act. | 20 | | Section 945. The Prevailing Wage Act is amended by | 21 | | changing Section 2 as follows:
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| 1 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 2 | | Sec. 2. This Act applies to the wages of laborers, | 3 | | mechanics and
other workers employed in any public works, as | 4 | | hereinafter defined, by
any public body and to anyone under | 5 | | contracts for public works. This includes any maintenance, | 6 | | repair, assembly, or disassembly work performed on equipment | 7 | | whether owned, leased, or rented.
| 8 | | As used in this Act, unless the context indicates | 9 | | otherwise:
| 10 | | "Public works" means all fixed works constructed or | 11 | | demolished by
any public body,
or paid for wholly or in part | 12 | | out of public funds. "Public works" as
defined herein includes | 13 | | all projects financed in whole
or in part with bonds, grants, | 14 | | loans, or other funds made available by or through the State or | 15 | | any of its political subdivisions, including but not limited | 16 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 17 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 18 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 19 | | Authority Act,
the Illinois Sports Facilities Authority Act, | 20 | | or the Build Illinois Bond Act; loans or other funds made
| 21 | | available pursuant to the Build Illinois Act; loans or other | 22 | | funds made available pursuant to the Riverfront Development | 23 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 24 | | Act; or funds from the Fund for
Illinois' Future under Section | 25 | | 6z-47 of the State Finance Act, funds for school
construction | 26 | | under Section 5 of the General Obligation Bond Act, funds
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| 1 | | authorized under Section 3 of the School Construction Bond | 2 | | Act, funds for
school infrastructure under Section 6z-45 of | 3 | | the State Finance Act, and funds
for transportation purposes | 4 | | under Section 4 of the General Obligation Bond
Act. "Public | 5 | | works" also includes (i) all projects financed in whole or in | 6 | | part
with funds from the Environmental Protection Agency under | 7 | | the Illinois Renewable Fuels Development Program
Act for which | 8 | | there is no project labor agreement; (ii) all work performed | 9 | | pursuant to a public private agreement under the Public | 10 | | Private Agreements for the Illiana Expressway Act or the | 11 | | Public-Private Agreements for the South Suburban Airport Act; | 12 | | and (iii) all projects undertaken under a public-private | 13 | | agreement under the Public-Private Partnerships for | 14 | | Transportation Act ; and (iv) all transportation facilities | 15 | | undertaken under a design-build contract or a Construction | 16 | | Manager/General Contractor contract under the Innovations for | 17 | | Transportation Infrastructure Act . "Public works" also | 18 | | includes all projects at leased facility property used for | 19 | | airport purposes under Section 35 of the Local Government | 20 | | Facility Lease Act. "Public works" also includes the | 21 | | construction of a new wind power facility by a business | 22 | | designated as a High Impact Business under Section | 23 | | 5.5(a)(3)(E) and the construction of a new utility-scale solar | 24 | | power facility by a business designated as a High Impact | 25 | | Business under Section 5.5(a)(3)(E-5) of the Illinois | 26 | | Enterprise Zone Act.
"Public works" also includes electric |
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| 1 | | vehicle charging station projects financed pursuant to the | 2 | | Electric Vehicle Act and renewable energy projects required to | 3 | | pay the prevailing wage pursuant to the Illinois Power Agency | 4 | | Act. "Public works" does not include work done directly by any | 5 | | public utility company, whether or not done under public | 6 | | supervision or direction, or paid for wholly or in part out of | 7 | | public funds. "Public works" also includes construction | 8 | | projects performed by a third party contracted by any public | 9 | | utility, as described in subsection (a) of Section 2.1, in | 10 | | public rights-of-way, as defined in Section 21-201 of the | 11 | | Public Utilities Act, whether or not done under public | 12 | | supervision or direction, or paid for wholly or in part out of | 13 | | public funds. "Public works" also includes construction | 14 | | projects that exceed 15 aggregate miles of new fiber optic | 15 | | cable, performed by a third party contracted by any public | 16 | | utility, as described in subsection (b) of Section 2.1, in | 17 | | public rights-of-way, as defined in Section 21-201 of the | 18 | | Public Utilities Act, whether or not done under public | 19 | | supervision or direction, or paid for wholly or in part out of | 20 | | public funds. "Public works" also includes any corrective | 21 | | action performed pursuant to Title XVI of the Environmental | 22 | | Protection Act for which payment from the Underground Storage | 23 | | Tank Fund is requested. "Public works" does not include | 24 | | projects undertaken by the owner at an owner-occupied | 25 | | single-family residence or at an owner-occupied unit of a | 26 | | multi-family residence. "Public works" does not include work |
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| 1 | | performed for soil and water conservation purposes on | 2 | | agricultural lands, whether or not done under public | 3 | | supervision or paid for wholly or in part out of public funds, | 4 | | done directly by an owner or person who has legal control of | 5 | | those lands.
| 6 | | "Construction" means all work on public works involving | 7 | | laborers,
workers or mechanics. This includes any maintenance, | 8 | | repair, assembly, or disassembly work performed on equipment | 9 | | whether owned, leased, or rented.
| 10 | | "Locality" means the county where the physical work upon | 11 | | public works
is performed, except (1) that if there is not | 12 | | available in the county a
sufficient number of competent | 13 | | skilled laborers, workers and mechanics
to construct the | 14 | | public works efficiently and properly, "locality"
includes any | 15 | | other county nearest the one in which the work or
construction | 16 | | is to be performed and from which such persons may be
obtained | 17 | | in sufficient numbers to perform the work and (2) that, with
| 18 | | respect to contracts for highway work with the Department of
| 19 | | Transportation of this State, "locality" may at the discretion | 20 | | of the
Secretary of the Department of Transportation be | 21 | | construed to include
two or more adjacent counties from which | 22 | | workers may be accessible for
work on such construction.
| 23 | | "Public body" means the State or any officer, board or | 24 | | commission of
the State or any political subdivision or | 25 | | department thereof, or any
institution supported in whole or | 26 | | in part by public funds,
and includes every county, city, |
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| 1 | | town,
village, township, school district, irrigation, utility, | 2 | | reclamation
improvement or other district and every other | 3 | | political subdivision,
district or municipality of the state | 4 | | whether such political
subdivision, municipality or district | 5 | | operates under a special charter
or not.
| 6 | | "Labor organization" means an organization that is the | 7 | | exclusive representative of an
employer's employees recognized | 8 | | or certified pursuant to the National Labor Relations Act. | 9 | | The terms "general prevailing rate of hourly wages", | 10 | | "general
prevailing rate of wages" or "prevailing rate of | 11 | | wages" when used in
this Act mean the hourly cash wages plus | 12 | | annualized fringe benefits for training and
apprenticeship | 13 | | programs approved by the U.S. Department of Labor, Bureau of
| 14 | | Apprenticeship and Training, health and welfare, insurance, | 15 | | vacations and
pensions paid generally, in the
locality in | 16 | | which the work is being performed, to employees engaged in
| 17 | | work of a similar character on public works.
| 18 | | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; | 19 | | 102-673, eff. 11-30-21; revised 12-9-21.)
| 20 | | Section 997. Severability. The provisions of this Act are | 21 | | severable under Section 1.31 of the Statute on Statutes.
| 22 | | Section 999. Effective date. This Act takes effect upon | 23 | | becoming law.".
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