Bill Amendment: IL HB3267 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: TRANSPORTATION-TECH

Status: 2019-01-08 - Session Sine Die [HB3267 Detail]

Download: Illinois-2017-HB3267-House_Amendment_002.html

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Rep. Marcus C. Evans, Jr.

Filed: 3/24/2017

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AMENDMENT TO HOUSE BILL 3267
AMENDMENT NO. ______. Amend House Bill 3267, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Highway Code is amended by adding
Section 4-224 as follows:
(605 ILCS 5/4-224 new)
Sec. 4-224. Pay for Performance program; Quality Control
for Performance program.
(a) Within 90 days after the effective date of this
amendatory Act of the 100th General Assembly, the Department
shall revise its Pay for Performance program and Quality
Control for Performance program for the production, placement,
and payment of hot-mix asphalt projects in this State. The
programs shall incorporate and be fully compliant with
applicable full standards and shall include, but are not

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limited to:
(1) a dispute resolution process that would address
issues arising out of a pre-production meeting under AASHTO
R 9-05 (2013) or its current equivalent full standard,
which shall include third-party arbitration as a final
step;
(2) the use of a contractor's quality test results for
hot-mix asphalt under 23 CFR 637 and AASHTO R 9-05 (2013)
or its current equivalent full standard for consideration
in the Department's acceptance decisions for the programs;
(3) the use of third party laboratories to conduct
verification testing, independent assurance testing, or
dispute resolution testing under 23 CFR 637 and AASHTO R
9-05 (2013) or its current equivalent full standard on
behalf of the Department;
(4) the use of performance-based testing that utilizes
the test methods contained in full standards. In creating
the criteria for the performance-based testing, the
Department shall give priority consideration to the
Federal Highway Administration's Techbriefs,
Transportation Pooled Fund studies sponsored by the
Federal Highway Administration or the Department, and
completed National Cooperative Highway Research Program
projects;
(5) a procedure for addressing outlying test results
under ASTM E178-16a or its current equivalent full

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standard; and
(6) an acceptable quality limit and a pay factor
equation that provides for a maximum pay adjustment of up
to 105% and a defined maximum pay deduction under AASHTO R
9-05 (2013) or its current equivalent full standard.
(b) Within 30 days after the revision of the Pay for
Performance program and the Quality Control for Performance
program, the Secretary of Transportation shall direct the
Bureau of Materials and Physical Research to publish revised
Pay for Performance and Quality Control for Performance Special
Provisions for use in Department projects. Each Special
Provision shall include a certification that the programs
comply with full standards.
(c) For purposes of this Section, "full standards" means
non-provisional standards that have been formally adopted by
the American Association of State Highway and Transportation
Officials and the American Society for Testing and Materials.
Section 99. Effective date. This Act takes effect upon
becoming law.".