Illinois General Assembly - Full Text of SB2905
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Full Text of SB2905  102nd General Assembly

SB2905 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2905

 

Introduced 5/25/2021, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 2705/2705-233 new
20 ILCS 3501/825-108 new
30 ILCS 500/1-10.5 new
30 ILCS 550/1.9 new
30 ILCS 570/2.8 new
30 ILCS 575/2.8 new
605 ILCS 10/11.2 new
735 ILCS 30/15-5-48 new
820 ILCS 130/2  from Ch. 48, par. 39s-2

    Creates the Innovations for Transportation Infrastructure Act. Contains a statement of legislative policy. Defines terms. Adds provisions governing: authorization of project delivery methods; preconditions to commencement of procurement; procurement; evaluation and selection of proposals; project records; confidentiality; public disclosure; design-build contracts; construction manager/general contractor contracts; funding and financing; minority, disadvantaged, and women-owned businesses; labor agreements; acquisition of property; federal requirements; powers of the Department of Transportation and the Illinois State Toll Highway Authority; and rulemaking. Makes corresponding changes in the Department of Transportation Law of the Civil Administrative Code of Illinois; Illinois Finance Authority Act; the Illinois Procurement Code; the Public Construction Bond Act; the Employment of Illinois Workers on Public Works Act; the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; the Toll Highway Act; the Eminent Domain Act; and the Prevailing Wage Act. Provides that the provisions of the Act are severable. Effective immediately.


LRB102 18491 RAM 26644 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2905LRB102 18491 RAM 26644 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Innovations for Transportation Infrastructure Act.
 
6    Section 5. Legislative policy.
7    (a) It is the public policy of the State of Illinois to
8promote the development of infrastructure projects that serve
9the needs of the public.
10    (b) The design-build project delivery method and
11Construction Manager/General Contractor project delivery
12method and use of Alternative Technical Concepts have the
13potential to capture private sector innovation and safely
14deliver infrastructure projects on more predictable schedules
15and budgets. Earlier completion and lower cost for projects
16are possible with the ability to shift or share risks with the
17private sector that are generally retained by the public in
18the conventional design-bid-build project delivery method.
19    (c) It is the intent of the General Assembly that the
20Department of Transportation and the Illinois State Toll
21Highway Authority may evaluate and use Alternative Technical
22Concepts proposed by bidders and proposers and to use the
23design-build project delivery method and Construction

 

 

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1Manager/General Contractor project delivery method.
2    (d) It is the intent of this Act to use design
3professionals, construction companies, and workers from this
4State, reflecting the diversity of the State's businesses and
5workforce, to the greatest extent possible.
6    (e) The powers granted in this Act are in addition to any
7other powers authorized under applicable law.
 
8    Section 10. Definitions. As used in this Act:
9    "Alternative Technical Concepts" means a proposed
10deviation from the contract technical requirements set forth
11in the procurement documents for a transportation facility
12that offers a solution that is equal to or better than the
13requirements in the procurement documents.
14    "Authority" means the Illinois State Toll Highway
15Authority.
16    "Best value" means any selection process in which
17proposals contain both price and qualitative components and
18award is based upon a combination of price, qualitative
19concepts, and other factors.
20    "Chief procurement officer" means the chief procurement
21officer for the Transportation Agency.
22    "Construction Manager/General Contractor" means a proposer
23that has entered into a Construction Manager/General
24Contractor contract under this Act.
25    "Construction Manager/General Contractor contract" means a

 

 

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1two-phase contract between the Transportation Agency and a
2Construction Manager/General Contractor that includes a first
3phase addressing preconstruction services and a second phase
4addressing the construction of the transportation facility.
5    "Construction Manager/General Contractor project delivery
6method" means a method of procurement and contracting that
7makes a Construction Manager/General Contractor who enters
8into a contract with the Transportation Agency responsible for
9certain preconstruction services and then, if the parties
10reach agreement on key terms, responsible for construction of
11the transportation facility.
12    "Department" means the Illinois Department of
13Transportation.
14    "Design-bid-build project delivery method" means the
15traditional method of procuring and contracting for design
16services and construction services used separately in this
17State that incorporates the Architectural, Engineering, and
18Land Surveying Qualifications Based Selection Act and the
19principles of competitive bidding under the Illinois
20Procurement Code.
21    "Design-build contract" means a contract between the
22Transportation Agency and a design-builder under which the
23design-builder agrees to furnish architectural, surveying,
24engineering, construction, and related services for a
25transportation facility.
26    "Design-build project delivery method" means a method of

 

 

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1procurement and contracting that provides responsibility
2within a single contract between the Transportation Agency and
3a design-builder for the furnishing of architectural,
4surveying, engineering, construction, and related services for
5a transportation facility.
6    "Design-builder" means a proposer that has entered into a
7design-build contract with the Transportation Agency under
8this Act.
9    "Evaluation Committee" means the committee assembled to
10evaluate and score statements of qualifications and proposals.
11    "Evaluation criteria" means the standards and requirements
12established by the Transportation Agency against which the
13qualifications and proposals of a proposer will be assessed
14during the procurement of a design-build contract or
15Construction Manager/General Contractor contract, as
16applicable.
17    "Executive Director" means the Executive Director of the
18Illinois State Toll Highway Authority.
19    "Metropolitan planning organization" means a metropolitan
20planning organization under 23 U.S.C. 134 whose metropolitan
21planning area boundaries are partially or completely within
22this State.
23    "Preconstruction services" means all
24non-construction-related services that a Construction
25Manager/General Contractor is required to perform during the
26first phase of a Construction Manager/General Contractor

 

 

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1contract, and may include, but is not limited to, giving
2advice to the Transportation Agency regarding scheduling, work
3sequencing, cost engineering, constructability, cost
4estimating, and risk identification.
5    "Proposal" means a proposer's response to a request for
6proposals.
7    "Proposer" means any individual, sole proprietorship,
8firm, partnership, joint venture, corporation, professional
9corporation, or other entity legally established to conduct
10business in this State that proposes to be the design-builder
11or Construction Manager/General Contractor for any
12transportation facility under this Act.
13    "Qualifications" means a statement of qualifications
14submitted by a proposer in response to a request for
15qualifications.
16    "Request for proposals" means the document issued by the
17Transportation Agency to solicit proposals and describe the
18procurement process for a design-build contract or
19Construction Manager/General Contractor contract in accordance
20with the design-build project delivery method or the
21Construction Manager/General Contractor project delivery
22method, as applicable.
23    "Request for qualifications" means the document issued by
24the Transportation Agency in the first phase of a two-phase
25procurement to solicit qualifications from proposers in
26accordance with the design-build project delivery method or

 

 

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1the Construction Manager/General Contractor project delivery
2method, as applicable.
3    "Scope and performance requirements" means the activities,
4constructed elements, and standards of performance the
5Transportation Agency requires the design-builder or the
6Construction Manager/General Contractor to comply with in the
7development of the transportation facility, and may include,
8but is not limited to, the intended usage, capacity, size,
9scope, quality and performance standards, life-cycle costs,
10preliminary engineering, design, and other requirements as
11developed and determined by the Transportation Agency.
12    "Secretary" means the Secretary of the Illinois Department
13of Transportation.
14    "Transportation Agency" means the Illinois Department of
15Transportation or the Illinois State Toll Highway Authority.
16    "Transportation facility" means any new or existing
17facility or group of facilities that are the subject of a
18design-build contract or a Construction Manager/General
19Contractor contract, and includes highways, roads, bridges,
20tunnels, overpasses, bus ways, guideways, ferries, airports or
21other aviation facilities, public transportation facilities,
22vehicle parking facilities, port facilities, rail facilities,
23stations, hubs, terminals, intermodal facilities, transit
24facilities, or similar facilities used for the transportation
25of persons or goods, together with any buildings, structures,
26parking areas, appurtenances, intelligent transportation

 

 

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1systems, and other property or facilities related to the
2operation or maintenance of these facilities.
 
3    Section 15. Authorization of project delivery methods.
4    (a) Notwithstanding any other law, and as authority
5supplemental to its existing powers, the Transportation
6Agency, in accordance with this Act, may use the design-build
7project delivery method for transportation facilities if the
8capital costs for transportation facilities delivered
9utilizing the design-build project delivery method or
10Construction Manager/General Contractor project delivery
11method or Alternative Technical Concepts in a design-bid-build
12project delivery method do not: (i) for transportation
13facilities delivered by the Department, exceed $400 million of
14the Department's multi-year highway improvement program for
15any 5-year period with no one year period exceeding $125
16million; or (ii) for transportation facilities delivered by
17the Authority, exceed 20% of the Authority's annual
18improvement program. The Transportation Agency shall make this
19calculation before commencing the procurement. Notwithstanding
20any other law, and as authority supplemental to its existing
21powers, the Department, in accordance with this Act, may use
22the Construction Manager/General Contractor project delivery
23method for up to 2 transportation facilities. Before
24commencing a procurement under this Act for either a
25design-build contract or a Construction Manager/General

 

 

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1Contractor contract, the Transportation Agency shall first
2undertake an analysis and make a written determination that it
3is in the best interests of this State to use the selected
4delivery method for that transportation facility. The analysis
5and determination shall discuss the design-build project
6delivery method or Construction Manager/General Contractor
7project delivery method's impact on the anticipated schedule,
8completion date, and project costs. The best interests of the
9State analysis shall be made available to the public.
10    (b) The Transportation Agency shall report to the General
11Assembly annually for the first 5 years after the effective
12date of this Act on the progress of procurements and
13transportation facilities procured under this Act.
 
14    Section 20. Preconditions to commencement of procurement.
15    If the Transportation Agency determines to use the
16design-build project delivery method or the Construction
17Manager/General Contractor project delivery method for a
18particular transportation facility, the Transportation Agency
19may not commence a procurement for the transportation facility
20until the Transportation Agency has satisfied the following
21requirements:
22    (1) the Transportation Agency does one of the following:
23        (A) the Transportation Agency includes the
24    transportation facility in the Transportation Agency's
25    respective multi-year highway improvement program and

 

 

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1    designates it as a design-build project delivery method
2    project or Construction Manager/General Contractor
3    project;
4        (B) the Transportation Agency issues a notice of
5    intent to receive qualifications, that includes a
6    description of the proposed procurement and transportation
7    facility, at least 28 days before the issuance of the
8    request for qualifications, and for a Department-issued
9    notice of intent publishes the notice in the Illinois
10    Transportation Procurement Bulletin and for an
11    Authority-issued notice of intent publishes the notice in
12    the Illinois Procurement Bulletin; or
13        (C) for a single-phase procurement authorized under
14    subsection (a) of Section 25 of this Act, the
15    Transportation Agency issues a notice of intent to receive
16    proposals, that includes a description of the proposed
17    procurement and transportation facility, at least 14 days
18    before the issuance of the request for proposals, and for
19    a Department-issued notice of intent publishes the notice
20    in the Illinois Transportation Procurement Bulletin and
21    for an Authority-issued notice of intent publishes the
22    notice in the Illinois Procurement Bulletin; and
23    (2) the Transportation Agency uses its best efforts to
24ensure that the transportation facility is consistent with the
25regional plan in existence at the time of any metropolitan
26planning organization in which the boundaries of the

 

 

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1transportation facility is located, or any other
2publicly-approved plan.
 
3    Section 25. Procurement process.
4    (a) The Transportation Agency may solicit a proposer with
5which to enter into a design-build contract or Construction
6Manager/General Contractor contract, as applicable, by using,
7without limitation, one or more requests for qualifications, a
8shortlisting of the most highly qualified proposers, requests
9for proposals, and negotiations. The Transportation Agency
10shall use a two-phase procurement for a design-build contract
11to select the successful proposer, except that the
12Transportation Agency may use a single-phase procurement if
13the transportation facility is estimated to cost less than
14$5,000,000 or the Secretary or the Executive Director makes a
15written determination that the Transportation Agency may use a
16single-phase procurement for a particular transportation
17facility. In a two-phase procurement, the Transportation
18Agency shall use the first phase to evaluate and shortlist the
19most highly qualified proposers based on a proposer's
20qualifications, and then use the second phase to evaluate and
21select a proposer based on proposals submitted by the
22shortlisted proposers. During the first phase of a two-phase
23procurement, the Transportation Agency shall not consider
24price proposals to make its shortlist decision. In a
25single-phase procurement, the Transportation Agency shall

 

 

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1solicit proposers with a request for proposals, and shall
2evaluate and select a proposer based on those proposals.
3    (b) The request for qualifications may contain any terms
4deemed appropriate by the Transportation Agency including,
5without limitation, the following:
6        (1) a description of the anticipated scope of work for
7    the transportation facility;
8        (2) a requirement that the proposer identify certain
9    key personnel, and for design-build contracts certain key
10    firms, the experience of the personnel and firms, and the
11    conditions on which identified personnel and firms can be
12    replaced;
13        (3) the evaluation criteria for the qualifications and
14    the relative importance of those criteria; these
15    evaluation criteria may address, without limitation, the
16    proposer's technical and financial qualifications, such as
17    specialized experience, technical competence, capability
18    to perform, financial capacity, the proposer's workload,
19    local office presence, past performance including the
20    proposer's safety record and record of utilization of
21    business enterprises, including disadvantaged business
22    enterprises, and any other qualifications-based factors;
23        (4) the Transportation Agency's prequalification,
24    licensing, and registration requirements, including any
25    requirements from the Professional Engineering Practice
26    Act of 1989, the Illinois Architecture Practice Act of

 

 

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1    1989, the Structural Engineering Practice Act of 1989, and
2    the Illinois Professional Land Surveyor Act of 1989,
3    except that nothing contained herein precludes the
4    Transportation Agency's use of additional prequalification
5    criteria or pass-fail evaluation factors addressing
6    minimum levels of technical experience or financial
7    capabilities;
8        (5) a requirement that the proposer provide references
9    or contact information for persons who can attest to the
10    past performance of the proposer, including with respect
11    to successful project delivery, subcontracting, labor
12    relations, diverse business utilization, workforce
13    diversity, and compliance with contract requirements;
14        (6) the maximum number of proposers the Transportation
15    Agency will shortlist to submit proposals; and
16        (7) any other relevant information the Transportation
17    Agency deems appropriate.
18    (c) Upon completion of the qualifications evaluation, the
19Transportation Agency shall, based on the evaluation criteria
20set forth in the request for qualifications, create a
21shortlist of the most highly qualified proposers. The
22Transportation Agency shall shortlist no more than 5 and no
23fewer than 2 of the most highly qualified proposers.
24Notwithstanding other provisions of this subsection (c), the
25Transportation Agency may shortlist fewer than 2 proposers if
26the Secretary or the Executive Director makes a finding that

 

 

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1an emergency situation justifies the limited shortlisting and
2fewer than 2 proposers meet any applicable prequalification or
3pass-fail requirements set forth in the request for
4qualifications.
5    (d) The request for proposals may contain any terms deemed
6appropriate by the Transportation Agency including, without
7limitation, the following:
8        (1) the form and amount of required bid security;
9        (2) the terms of the design-build contract or
10    Construction Manager/General Contractor contract,
11    including, but not limited to, scope and performance
12    requirements, schedule or completion date requirements,
13    subcontractor requirements, payment and performance
14    security requirements, and insurance requirements;
15        (3) the requirements for the technical component of
16    the proposal, including a description of the level of
17    design, scope and type of renderings, drawings, and
18    specifications to be provided in the proposals;
19        (4) the requirements for the price component of the
20    proposal, which for Construction Manager/General
21    Contractor contracts may include a requirement for the
22    proposer to submit a lump sum price for the direct costs to
23    perform the required preconstruction services and
24    percentage mark-up on those direct costs;
25        (5) the evaluation criteria for the proposals,
26    including technical criteria, innovation, and schedule,

 

 

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1    and the relative importance of those criteria, as the
2    Transportation Agency deems appropriate;
3        (6) a process for the Transportation Agency to review
4    and accept Alternative Technical Concepts;
5        (7) requirements regarding utilization of business
6    enterprises, including disadvantaged business
7    enterprises, and workforce development, including a
8    description of utilization and workforce diversity plans
9    and certifications to be provided in the proposals;
10        (8) requirements regarding the proposer's
11    qualifications; and
12        (9) any other relevant information the Transportation
13    Agency deems appropriate.
14    (e) Before the proposers' submittal of proposals, the
15Transportation Agency may conduct confidential meetings and
16exchange confidential information with proposers to promote
17understanding of the request for proposals, review Alternative
18Technical Concepts, or discuss other issues related to the
19procurement.
20    (f) The date proposals are due must be at least 28 calendar
21days after the date the Transportation Agency first issues the
22request for proposals.
23    (g) The Transportation Agency may offer to pay a stipend
24in an amount and on the terms and conditions determined by the
25Transportation Agency and as set forth in the request for
26proposals to: (1) all shortlisted proposers if the

 

 

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1Transportation Agency cancels the procurement before the due
2date for proposals; or (2) each unsuccessful proposer that
3submits a responsive proposal; or (3) each member of the
4proposer team that incurs costs in the preparation of the
5proposal. The Transportation Agency may pay a stipend only to
6those proposers who grant to the Transportation Agency the
7right to use any work product contained in the unsuccessful
8proposer's proposal and other proposal-related submissions or,
9if the Transportation Agency cancels the procurement before
10the due date for proposals, any work product developed before
11cancellation, including technologies, techniques, methods,
12processes, and information contained in the recipient's design
13for the transportation facility.
14    (h) The Transportation Agency shall, as appropriate
15depending on whether the transportation facility includes
16building facilities, directly employ or retain a professional
17engineer or engineers licensed in this State or a licensed
18architect or architects, or both engineers licensed in this
19State and licensed architects, to prepare the scope and assist
20in the evaluation of the proposals' technical submissions
21under a design-build project delivery method. The professional
22engineers and licensed architects performing these services
23are generally precluded from participating in the procurement
24of the transportation facility at issue as a member of a
25proposer team.
26    (i) The Transportation Agency has the right to reject any

 

 

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1and all qualifications or proposals, including, but not
2limited to, the right to reject any qualifications or
3proposals as non-responsive, if, in the Transportation
4Agency's sole discretion, the qualifications or proposals do
5not meet all material requirements of the request for
6qualifications or request for proposals, as appropriate. The
7Transportation Agency shall not consider a proposal that does
8not include:
9        (1) the proposer's plan to comply with requirements
10    established by the Transportation Agency regarding
11    utilization of business enterprises, including
12    disadvantaged business enterprises; or
13        (2) bid security in the form and amount designated in
14    the request for proposals.
15    (j) The Transportation Agency shall consult with the
16appropriate chief procurement officer on the design-build
17project delivery method and the Construction Manager/General
18Contractor project delivery method procurement processes, and
19the Secretary or the Executive Director, in consultation with
20the chief procurement officer, shall determine which
21procedures to adopt and apply to the design-build project
22delivery method and Construction Manager/General Contractor
23project delivery method procurement processes in order to
24ensure an open, transparent, and efficient process that
25accomplishes the purposes of this Act.
26    (k) To ensure taxpayer accountability, the Transportation

 

 

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1Agency shall independently procure an owner's representative
2or construction manager to provide design reviews,
3constructability reviews, value engineering, construction
4acceptance, oversight of utility relocations, stakeholder
5coordination, independent quality assurance surveys,
6independent material testing, documentation of construction,
7public involvement management, risk mitigation, and oversight
8of construction activities including construction management,
9maintenance of traffic, and permit compliance. The firm must
10be prequalified in Construction Inspection. The payment for
11this work would be based on a lump sum method of compensation.
 
12    Section 30. Evaluation committee.
13    (a) The Transportation Agency shall establish one or more
14evaluation committees to assist in selecting a design-builder
15and a Construction Manager/General Contractor. The
16Transportation Agency, in its sole discretion, shall determine
17the appropriate size and composition of the evaluation
18committee; however, at least half of the committee must be
19licensed design professionals.
20    (b) The Transportation Agency may establish an evaluation
21committee for a set term or for the procurement of a particular
22transportation facility.
23    (c) Once the Transportation Agency identifies the
24proposers for a transportation facility, each member of an
25evaluation committee must certify that no conflict of interest

 

 

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1exists between the member and the proposers. If the
2Transportation Agency, after consultation with the chief
3procurement officer, determines that an actual conflict
4exists, the member shall not participate on the evaluation
5committee for that procurement and the Transportation Agency
6shall appoint a replacement member on either a permanent or a
7temporary basis.
 
8    Section 35. Procedures for selection.
9    (a) The Transportation Agency shall review, evaluate,
10score, and rank proposals and determine which proposal offers
11the best value to the public based on the evaluation criteria
12set forth in the request for proposals. The Transportation
13Agency shall award the contract based on this determination.
14Notwithstanding other provisions of this Section, if for any
15reason the proposer awarded the contract is unable or
16unwilling to execute the contract, including the failure of
17the proposer and the Transportation Agency to successfully
18complete negotiations, if any, of the contract, the
19Transportation Agency may award the contract to the proposer
20whose proposal the Transportation Agency determines offers the
21public the next best value.
22    (b) After a response to a request for qualifications or a
23request for proposals has been submitted as provided in
24Section 25, a design-builder shall not replace, remove, or
25otherwise modify any firm identified as a member of the

 

 

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1proposer team unless authorized to do so by the Transportation
2Agency.
 
3    Section 40. Project records; confidentiality; public
4disclosure.
5    (a) The Transportation Agency shall maintain all written
6decisions, qualification and proposal evaluations, scoring
7documents, selection evaluations, proposals, and procurement
8documents in a procurement file maintained by the
9Transportation Agency.
10    (b) A proposer may identify those portions of a proposal
11or other submission that the proposer considers to be trade
12secrets or confidential, commercial, financial, or proprietary
13information. Confidential and proprietary information,
14including trade secrets, shall be exempt from disclosure only
15if the proposer does the following:
16        (1) requests exclusion from disclosure upon submission
17    of the information or other materials for which protection
18    is sought;
19        (2) identifies the data or other materials for which
20    protection is sought;
21        (3) states the statutory or regulatory basis for the
22    protection;
23        (4) fully complies with the federal Freedom of
24    Information Act and any other applicable provisions of
25    State law, including, but not limited to, the Freedom of

 

 

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1    Information Act, with respect to information the proposer
2    contends should be exempt from disclosure; and
3        (5) certifies if the information is in accordance with
4    the protection of the Illinois Trade Secrets Act.
5    (c) Notwithstanding any other provision of law, in order
6to properly balance the need to maximize competition under
7this Act with the need to create a transparent procurement
8process, the qualifications, proposals, and other information
9and documents submitted by proposers and the Transportation
10Agency's evaluation records shall not be subject to release or
11disclosure by the Transportation Agency until execution of the
12design-build contract or Construction Manager/General
13Contractor contract, as applicable. If the Transportation
14Agency terminates the procurement for a transportation
15facility, the exemption from release or disclosure under this
16Section shall remain in place until the Transportation Agency
17re-procures the transportation facility and has entered into a
18design-build contract or Construction Manager/General
19Contractor contract, as applicable. However, this exemption
20shall lapse if the Transportation Agency does not commence the
21re-procurement of the transportation facility within 5 years
22of the termination.
 
23    Section 45. Design-build contract. A design-build contract
24may include any provisions the Transportation Agency
25determines are necessary or appropriate, including, but not

 

 

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1limited to, provisions regarding the following:
2        (1) compensation or payments to the design-builder;
3        (2) grounds for termination of the design-build
4    contract, including the Transportation Agency's right to
5    terminate for convenience;
6        (3) liability for damages and nonperformance;
7        (4) events of default and the rights and remedies
8    available to the design-builder and the Transportation
9    Agency in the event of a default or delay;
10        (5) the identification of any technical specifications
11    that the design-builder must comply with when developing
12    plans or performing construction work;
13        (6) the procedures for review and approval of the
14    design-builder's plans;
15        (7) required performance and payment security;
16        (8) the terms and conditions of indemnification and
17    minimum insurance requirements; and
18        (9) any other terms and conditions the Transportation
19    Agency deems necessary.
 
20    Section 50. Construction Manager/General Contractor
21contract.
22    (a) The Construction Manager/General Contractor contract
23shall divide the Construction Manager/General Contractor
24services into 2 phases. The first phase shall address
25preconstruction services and the procedures the parties shall

 

 

SB2905- 22 -LRB102 18491 RAM 26644 b

1follow to finalize the contract terms for the second phase.
2The second phase shall address the Construction
3Manager/General Contractor's construction of the
4transportation facility for a lump sum or a guaranteed maximum
5price.
6    (b) A Construction Manager/General Contractor contract
7shall include provisions regarding the following:
8        (1) the Construction Manager/General Contractor's
9    provision of preconstruction services during the first
10    phase of the contract, including the Construction
11    Manager/General Contractor's compensation for those
12    services;
13        (2) a requirement that, during the first phase of the
14    contract, the Construction Manager/General Contractor
15    shall use a competitive bidding process to procure
16    subcontracts for at least the minimum percentage of
17    construction work specified in the request for proposals,
18    provided that:
19            (A) compliance with this requirement shall be
20        based on an estimated cost for the construction work
21        approved by the Transportation Agency before the start
22        of the competitive bidding process; and
23            (B) the Construction Manager/General Contractor
24        may not use subcontracts with its wholly or partially
25        owned subsidiaries, parent companies, or affiliates to
26        satisfy this obligation;

 

 

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1        (3) the process the Transportation Agency and the
2    Construction Manager/General Contractor shall use to
3    determine a lump sum or guaranteed maximum price for the
4    construction work, including a requirement that the
5    Transportation Agency conduct an independent cost estimate
6    for the construction work; and
7        (4) grounds for termination of the Construction
8    Manager/General Contractor contract, including the
9    Transportation Agency's right to terminate the contract
10    and not proceed with the construction phase of the project
11    if the Transportation Agency and the Construction
12    Manager/General Contractor are unable to negotiate a lump
13    sum or guaranteed maximum price for the construction work.
14    (c) In addition to the provisions under subsection (b) of
15this Section, a Construction Manager/General Contractor
16contract may include any other provisions the Transportation
17Agency determines are necessary or appropriate, including, but
18not limited to, provisions regarding the following:
19        (1) liability for damages and nonperformance;
20        (2) events of default and the rights and remedies
21    available to the Construction Manager/General Contractor
22    and the Transportation Agency in the event of a default or
23    delay;
24        (3) the identification of any technical specifications
25    that the Construction Manager/General Contractor must
26    comply with when aiding the Transportation Agency with

 

 

SB2905- 24 -LRB102 18491 RAM 26644 b

1    developing plans or performing construction work;
2        (4) required performance and payment security for the
3    construction phase of the contract;
4        (5) the terms and conditions of indemnification and
5    minimum insurance requirements; and
6        (6) any other terms and conditions the Transportation
7    Agency deems necessary.
8    (d) If the Construction Manager/General Contractor
9contract is terminated for any reason, the Transportation
10Agency, in its sole discretion, may readvertise the
11Construction Manager/General Contractor contract under this
12Act or use any other authorized procurement method to complete
13the transportation facility or any portion of the
14transportation facility. Once the contract is terminated, the
15Transportation Agency may use any work product developed by
16the Construction Manager/General Contractor to complete the
17transportation facility.
 
18    Section 55. Funding and financing.
19    (a) The Transportation Agency may use any lawful source of
20funding and financing to compensate a design-builder and
21Construction Manager/General Contractor for work and services
22performed under a design-build contract or Construction
23Manager/General Contractor contract, as applicable, and the
24Transportation Agency may combine federal, State, local, and
25private funds to finance a transportation facility.

 

 

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1    (b) Subject to appropriation by the General Assembly of
2the required amounts, the Transportation Agency may obligate
3and make expenditures of funds as and when needed to satisfy
4its payment obligations under a design-build contract or
5Construction Manager/General Contractor contract.
 
6    Section 56. Utilization requirements.
7    (a) Design-builder and Construction Manager/General
8Contractor projects shall comply with Section 2-105 of the
9Illinois Human Rights Act and all applicable laws and rules
10that establish standards and procedures for the utilization of
11minority, disadvantaged, and women-owned businesses,
12including, but not limited to, the Business Enterprise for
13Minorities, Women, and Persons with Disabilities Act. Each
14design-build contract and Construction Manager/General
15Contractor contract shall include remedies for a contractor's
16failure to comply with commitments made in the proposal or
17utilization plan, including, without limitation, failure to
18cooperate in providing information regarding compliance or
19termination of any subcontractor identified in the utilization
20plan without the consent of the Transportation Agency. Such
21remedies may include termination of the contract, imposition
22of a penalty in an amount equivalent to any profit or cost
23savings accruing to the contractor as a result of the
24violation, or any other remedy available to the Transportation
25Agency at law or in equity.

 

 

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1    (b) For the purposes of this Section, aspirational goals
2compliant with the Business Enterprise for Minorities, Women,
3and Persons with Disabilities Act shall be established
4separately for construction-related professional services and
5shall be consistent with the Transportation Agency's
6methodology for design-bid-build contracts. As used in this
7Section, "construction-related professional services" means
8those services within the scope of the practice of
9architecture, professional engineering, structural
10engineering, or land surveying, as defined in the Illinois
11Architecture Practice Act of 1989, the Professional
12Engineering Practice Act of 1989, the Illinois Professional
13Land Surveyor Act of 1989, or the Illinois Structural
14Engineering Practice Act of 1989.
 
15    Section 57. Labor.
16    (a) A contract or agreement under this Act shall require
17the design-builder or Construction Manager/General Contractor,
18and all subcontractors, to comply with Section 30-22 of the
19Illinois Procurement Code as it applies to responsible bidders
20and to present satisfactory evidence of that compliance to the
21Transportation Agency, unless the transportation project is
22federally funded and the application of those requirements
23would jeopardize the receipt or use of federal funds in
24support of the transportation project.
25    (b) A contract or agreement under this Act shall require

 

 

SB2905- 27 -LRB102 18491 RAM 26644 b

1the design-builder or Construction Manager/General Contractor
2to enter into a project labor agreement used by the
3Transportation Agency.
4    (c) This Section does not apply to construction-related
5professional services. As used in this Section,
6"construction-related professional services" means those
7services within the scope of the practice of architecture,
8professional engineering, structural engineering, or land
9surveying, as defined in the Illinois Architecture Practice
10Act of 1989, the Professional Engineering Practice Act of
111989, the Illinois Professional Land Surveyor Act of 1989, or
12the Illinois Structural Engineering Practice Act of 1989.
 
13    Section 60. Acquisition of property and related
14agreements. The Transportation Agency may exercise any and all
15powers of condemnation or eminent domain, including quick-take
16powers, to acquire lands or estates or interests in land for a
17transportation facility under this Act to the extent the
18Transportation Agency finds that the action serves the public
19purpose of this Act and deems the action appropriate in the
20exercise of its powers under this Act. In addition, the
21Transportation Agency and a design-builder or Construction
22Manager/General Contractor may enter into leases, licenses,
23easements, and other grants of property interests that the
24Transportation Agency determines are necessary to deliver a
25transportation facility under this Act.
 

 

 

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1    Section 65. Federal requirements. In the procurement of
2design-build contracts and Construction Manager/General
3Contractor contracts, the Transportation Agency shall, to the
4extent applicable, comply with federal law and regulations and
5take all necessary steps to adapt its rules, policies, and
6procedures to remain eligible for federal aid.
 
7    Section 70. Powers. The powers granted to the
8Transportation Agency under this Act, including the power to
9procure and enter into design-build contracts and Construction
10Manager/General Contractor contracts, shall be liberally
11construed to accomplish its purpose, are in addition to any
12existing powers of the Transportation Agency, and shall not
13affect or impair any other powers authorized under applicable
14law.
 
15    Section 75. Rulemaking.
16    (a) The Illinois Administrative Procedure Act applies to
17all administrative rules and procedures of the Transportation
18Agency under this Act, except that nothing in this Act shall be
19construed to render any prequalification or other
20responsibility criteria as a "license" or "licensing" under
21that Act.
22    (b) The appropriate chief procurement officer, in
23consultation with the Transportation Agency, may adopt rules

 

 

SB2905- 29 -LRB102 18491 RAM 26644 b

1to carry out the provisions of this Act.
 
2    Section 80. Repeal. This Act is repealed on July 1, 2032.
 
3    Section 905. The Department of Transportation Law of the
4Civil Administrative Code of Illinois is amended by adding
5Section 2705-233 as follows:
 
6    (20 ILCS 2705/2705-233 new)
7    Sec. 2705-233. Innovations for Transportation
8Infrastructure Act. The Department may exercise all powers
9granted to it under the Innovations for Transportation
10Infrastructure Act, including, but not limited to, the power
11to enter into all contracts or agreements necessary or
12incidental to the performance of its powers under that Act,
13and powers related to any transportation facility implemented
14under that Act.
 
15    Section 910. The Illinois Finance Authority Act is amended
16by adding Section 825-108 as follows:
 
17    (20 ILCS 3501/825-108 new)
18    Sec. 825-108. Transportation project financing. For the
19purpose of financing a transportation facility undertaken
20under the Innovations for Transportation Infrastructure Act,
21the Authority may apply for an allocation of tax-exempt bond

 

 

SB2905- 30 -LRB102 18491 RAM 26644 b

1financing authorization provided by subsection (m) of Section
2142 of the United States Internal Revenue Code, as well as
3financing available under any other federal law or program.
 
4    Section 915. The Illinois Procurement Code is amended by
5adding Section 1-10.5 as follows:
 
6    (30 ILCS 500/1-10.5 new)
7    Sec. 1-10.5. Alternative Technical Concepts.
8    (a) For the purposes of this Section, "Alternative
9Technical Concepts" and "design-bid-build project delivery
10method" have the meanings ascribed to those terms in the
11Innovations for Transportation Infrastructure Act.
12    (b) Notwithstanding subsection (b) of Section 1-10 of this
13Code, the Department of Transportation may allow bidders and
14proposers to submit Alternative Technical Concepts in their
15bids and proposals, if the Department determines that the
16Alternative Technical Concepts provide an equal or better
17solution than the underlying technical requirements applicable
18to the work. Notwithstanding the foregoing, for projects the
19Department delivers using the design-bid-build project
20delivery method, the Department shall use the Alternative
21Technical Concepts process for no more than 3 projects. If the
22Department allows bidders or proposers for a particular
23contract to submit Alternative Technical Concepts, the
24Department shall describe the process for submission and

 

 

SB2905- 31 -LRB102 18491 RAM 26644 b

1evaluation of Alternative Technical Concepts in the
2procurement documents for that contract, including the
3potential use of confidential meetings and the exchange of
4confidential information with bidders and proposers to review
5and discuss potential or proposed Alternative Technical
6Concepts.
 
7    Section 920. The Public Construction Bond Act is amended
8by adding Section 1.9 as follows:
 
9    (30 ILCS 550/1.9 new)
10    Sec. 1.9. Design-build contracts and Construction
11Manager/General Contractor contracts. This Act applies to any
12design-build contract or Construction Manager/General
13Contractor contract entered into under the Innovations for
14Transportation Infrastructure Act.
 
15    Section 925. The Employment of Illinois Workers on Public
16Works Act is amended by adding Section 2.8 as follows:
 
17    (30 ILCS 570/2.8 new)
18    Sec. 2.8. Design-build and Construction Manager/General
19Contractor contracts. This Act applies to any design-build
20contracts and Construction Manager/General Contractor
21contracts entered into under the Innovations for
22Transportation Infrastructure Act.
 

 

 

SB2905- 32 -LRB102 18491 RAM 26644 b

1    Section 930. The Business Enterprise for Minorities,
2Women, and Persons with Disabilities Act is amended by adding
3Section 2.8 as follows:
 
4    (30 ILCS 575/2.8 new)
5    Sec. 2.8. Design-build and Construction Manager/General
6Contractor contracts. This Act applies to any design-build
7contracts and Construction Manager/General Contractor
8contracts entered into under the Innovations for
9Transportation Infrastructure Act.
 
10    Section 935. The Toll Highway Act is amended by adding
11Section 11.2 as follows:
 
12    (605 ILCS 10/11.2 new)
13    Sec. 11.2. Innovations for Transportation Infrastructure
14Act. The Authority may exercise all powers granted to it under
15the Innovations for Transportation Infrastructure Act,
16including, but not limited to, the power to enter into all
17contracts or agreements necessary to perform its powers under
18that Act, and any powers related to a transportation facility
19implemented under that Act.
 
20    Section 940. The Eminent Domain Act is amended by adding
21Section 15-5-48 as follows:
 

 

 

SB2905- 33 -LRB102 18491 RAM 26644 b

1    (735 ILCS 30/15-5-48 new)
2    Sec. 15-5-48. Eminent domain powers in new Acts. The
3following provisions of law may include express grants of the
4power to acquire property by condemnation or eminent domain:
5    The Innovations for Transportation Infrastructure Act; for
6the purposes of constructing a transportation facility under
7the Act.
 
8    Section 945. The Prevailing Wage Act is amended by
9changing Section 2 as follows:
 
10    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
11    Sec. 2. This Act applies to the wages of laborers,
12mechanics and other workers employed in any public works, as
13hereinafter defined, by any public body and to anyone under
14contracts for public works. This includes any maintenance,
15repair, assembly, or disassembly work performed on equipment
16whether owned, leased, or rented.
17    As used in this Act, unless the context indicates
18otherwise:
19    "Public works" means all fixed works constructed or
20demolished by any public body, or paid for wholly or in part
21out of public funds. "Public works" as defined herein includes
22all projects financed in whole or in part with bonds, grants,
23loans, or other funds made available by or through the State or

 

 

SB2905- 34 -LRB102 18491 RAM 26644 b

1any of its political subdivisions, including but not limited
2to: bonds issued under the Industrial Project Revenue Bond Act
3(Article 11, Division 74 of the Illinois Municipal Code), the
4Industrial Building Revenue Bond Act, the Illinois Finance
5Authority Act, the Illinois Sports Facilities Authority Act,
6or the Build Illinois Bond Act; loans or other funds made
7available pursuant to the Build Illinois Act; loans or other
8funds made available pursuant to the Riverfront Development
9Fund under Section 10-15 of the River Edge Redevelopment Zone
10Act; or funds from the Fund for Illinois' Future under Section
116z-47 of the State Finance Act, funds for school construction
12under Section 5 of the General Obligation Bond Act, funds
13authorized under Section 3 of the School Construction Bond
14Act, funds for school infrastructure under Section 6z-45 of
15the State Finance Act, and funds for transportation purposes
16under Section 4 of the General Obligation Bond Act. "Public
17works" also includes (i) all projects financed in whole or in
18part with funds from the Department of Commerce and Economic
19Opportunity under the Illinois Renewable Fuels Development
20Program Act for which there is no project labor agreement;
21(ii) all work performed pursuant to a public private agreement
22under the Public Private Agreements for the Illiana Expressway
23Act or the Public-Private Agreements for the South Suburban
24Airport Act; and (iii) all projects undertaken under a
25public-private agreement under the Public-Private Partnerships
26for Transportation Act; and (iv) all transportation facilities

 

 

SB2905- 35 -LRB102 18491 RAM 26644 b

1undertaken under a design-build contract or a Construction
2Manager/General Contractor contract under the Innovations for
3Transportation Infrastructure Act. "Public works" also
4includes all projects at leased facility property used for
5airport purposes under Section 35 of the Local Government
6Facility Lease Act. "Public works" also includes the
7construction of a new wind power facility by a business
8designated as a High Impact Business under Section
95.5(a)(3)(E) of the Illinois Enterprise Zone Act. "Public
10works" does not include work done directly by any public
11utility company, whether or not done under public supervision
12or direction, or paid for wholly or in part out of public
13funds. "Public works" also includes any corrective action
14performed pursuant to Title XVI of the Environmental
15Protection Act for which payment from the Underground Storage
16Tank Fund is requested. "Public works" does not include
17projects undertaken by the owner at an owner-occupied
18single-family residence or at an owner-occupied unit of a
19multi-family residence. "Public works" does not include work
20performed for soil and water conservation purposes on
21agricultural lands, whether or not done under public
22supervision or paid for wholly or in part out of public funds,
23done directly by an owner or person who has legal control of
24those lands.
25    "Construction" means all work on public works involving
26laborers, workers or mechanics. This includes any maintenance,

 

 

SB2905- 36 -LRB102 18491 RAM 26644 b

1repair, assembly, or disassembly work performed on equipment
2whether owned, leased, or rented.
3    "Locality" means the county where the physical work upon
4public works is performed, except (1) that if there is not
5available in the county a sufficient number of competent
6skilled laborers, workers and mechanics to construct the
7public works efficiently and properly, "locality" includes any
8other county nearest the one in which the work or construction
9is to be performed and from which such persons may be obtained
10in sufficient numbers to perform the work and (2) that, with
11respect to contracts for highway work with the Department of
12Transportation of this State, "locality" may at the discretion
13of the Secretary of the Department of Transportation be
14construed to include two or more adjacent counties from which
15workers may be accessible for work on such construction.
16    "Public body" means the State or any officer, board or
17commission of the State or any political subdivision or
18department thereof, or any institution supported in whole or
19in part by public funds, and includes every county, city,
20town, village, township, school district, irrigation, utility,
21reclamation improvement or other district and every other
22political subdivision, district or municipality of the state
23whether such political subdivision, municipality or district
24operates under a special charter or not.
25    "Labor organization" means an organization that is the
26exclusive representative of an employer's employees recognized

 

 

SB2905- 37 -LRB102 18491 RAM 26644 b

1or certified pursuant to the National Labor Relations Act.
2    The terms "general prevailing rate of hourly wages",
3"general prevailing rate of wages" or "prevailing rate of
4wages" when used in this Act mean the hourly cash wages plus
5annualized fringe benefits for training and apprenticeship
6programs approved by the U.S. Department of Labor, Bureau of
7Apprenticeship and Training, health and welfare, insurance,
8vacations and pensions paid generally, in the locality in
9which the work is being performed, to employees engaged in
10work of a similar character on public works.
11(Source: P.A. 100-1177, eff. 6-1-19.)
 
12    Section 995. No acceleration or delay. Where this Act
13makes changes in a statute that is represented in this Act by
14text that is not yet or no longer in effect (for example, a
15Section represented by multiple versions), the use of that
16text does not accelerate or delay the taking effect of (i) the
17changes made by this Act or (ii) provisions derived from any
18other Public Act.
 
19    Section 997. Severability. The provisions of this Act are
20severable under Section 1.31 of the Statute on Statutes.
 
21    Section 999. Effective date. This Act takes effect upon
22becoming law.