Bill Text: IL SB1320 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Creates the Innovations for Transportation Infrastructure Act. Provides that the Department of Transportation may use design-build project delivery methods, Construction Manager/General Contractor project delivery methods, or Alternative Technical Concepts for design-bid-build project delivery of transportation facilities, provided that the delivery method does not exceed 20% of the Department's multi-year highway improvement program, with no one year exceeding 30%. Provides that the Illinois State Toll Highway Authority may use design-build project delivery methods, Construction Manager/General Contractor project delivery methods, or Alternative Technical Concepts for design-bid-build project delivery of transportation facilities if the facilities delivered do not exceed 20% of the Authority's annual improvement program. Places limits on the number of projects that the Department may use the various methods on. Provides that during the first phase of the two-phase procurement, the Transportation Agency (Department of Transportation or the Illinois State Toll Highway Authority) shall not consider price proposals to make its short-list decision. Provides that at least half of the evaluation committee used to assist in selecting design-build and Construction Manager/General Contractor contracts shall consist of licensed design professionals. Provides the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act does not apply to procurements under the new Act. Contains provisions concerning the procurement process and terms of design-build and construction manager-general contractor contracts. Provides that the Transportation Agency has eminent domain and quick take powers under the Act. Amends the Illinois Procurement Code and the Public Construction Bond Act. Makes conforming changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed) 2017-05-26 - Final Action Deadline Extended-9(b) May 31, 2017 [SB1320 Detail]

Download: Illinois-2017-SB1320-Engrossed.html



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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 are
16possible with the ability to shift or share risks with the
17private sector that are generally retained by the public in the
18conventional 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 to the greatest extent possible.
5 (e) The powers granted in this Act are in addition to any
6other powers authorized under applicable law.
7 Section 10. Definitions. As used in this Act:
8 "Alternative Technical Concepts" means a proposed
9deviation from the contract technical requirements set forth in
10the procurement documents for a transportation facility that
11offers a solution that is equal or better than the requirements
12in the procurement documents.
13 "Authority" means the Illinois State Toll Highway
14Authority.
15 "Best value" means any selection process in which proposals
16contain both price and qualitative components and award is
17based upon a combination of price, qualitative concepts, and
18other factors.
19 "Chief procurement officer" means the chief procurement
20officer for the Transportation Agency.
21 "Construction Manager/General Contractor" means a proposer
22that has entered into a Construction Manager/General
23Contractor contract under this Act.
24 "Construction Manager/General Contractor contract" means
25the two-phase contract between the Transportation Agency and a

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1Construction Manager/General Contractor, which includes a
2first phase addressing preconstruction services and a second
3phase addressing the construction of the transportation
4facility.
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 reach
10agreement on key terms, responsible for construction of the
11transportation 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, which 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, which 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 the

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1Construction 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, which may include,
8but is not be 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 which may include highways, roads,
20bridges, tunnels, overpasses, bus ways, guideways, ferries,
21airports or other aviation facilities, public transportation
22facilities, vehicle parking facilities, port facilities, rail
23facilities, stations, hubs, terminals, intermodal facilities,
24transit facilities, or similar facilities used for the
25transportation of persons or goods, together with any
26buildings, structures, parking areas, appurtenances,

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1intelligent transportation systems, and other property or
2facilities related to the operation or maintenance of these
3facilities.
4 Section 15. Authorization of project delivery methods.
5 (a) Notwithstanding any other law, and as authority
6supplemental to its existing powers, the Transportation
7Agency, in accordance with this Act, may use the design-build
8project delivery method for transportation facilities,
9provided that the capital costs for transportation facilities
10delivered utilizing the design-build project delivery method
11or Construction Manager/General Contractor project delivery
12method or Alternative Technical Concepts in a design-bid-build
13project delivery method do not: (i) for transportation
14facilities delivered by the Department, exceed 20% of the
15Department's multi-year highway improvement program for any
165-year period with no one year period exceeding 30%; or (ii)
17for transportation facilities delivered by the Authority,
18exceed 20% of the Authority's annual improvement program. The
19Transportation Agency shall make this calculation prior to
20commencing the procurement. Notwithstanding any other law, and
21as authority supplemental to its existing power, the
22Department, in accordance with this Act, may use the
23Construction Manager/General Contractor project delivery
24method for up to 2 transportation facilities. Prior to
25commencing a procurement under this Act for either a

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

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1 (1) the Transportation Agency does one of the following:
2 (A) the Transportation Agency includes the
3 transportation facility in the Transportation Agency's
4 respective multi-year highway improvement program and
5 designates it as a design-build project delivery method
6 project or Construction Manager/General Contractor
7 project;
8 (B) the Transportation Agency has issued a notice of
9 intent to receive qualifications, that includes a
10 description of the proposed procurement and transportation
11 facility, at least 14 days prior to the issuance of the
12 request for qualifications, and for a Department issued
13 notice of intent shall publish the notice in the Illinois
14 Transportation Procurement Bulletin and for an Authority
15 issued notice of intent shall publish the notice in the
16 Illinois Procurement Bulletin; or
17 (C) for a single phase procurement authorized under
18 subsection (a) of Section 25 of this Act, the
19 Transportation Agency has issued a notice of intent to
20 receive proposals, that includes a description of the
21 proposed procurement and transportation facility, at least
22 14 days prior to the issuance of the request for proposals,
23 for a Department issued notice of intent shall publish the
24 notice in the Illinois Transportation Procurement Bulletin
25 and for an Authority issued notice of intent shall publish
26 the notice in the Illinois Procurement Bulletin; and

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1 (2) the Transportation Agency shall use its best efforts to
2ensure that the transportation facility is consistent with the
3regional plan in existence at the time of any metropolitan
4planning organization in which the boundaries of the
5transportation facility is located, or any other
6publicly-approved plan.
7 Section 25. Procurement process.
8 (a) The Transportation Agency may solicit a proposer with
9which to enter into a design-build contract or Construction
10Manager/General Contractor contract, as applicable, by using,
11without limitation, one or more requests for qualifications,
12short-listing of the most highly qualified proposers, requests
13for proposals, and negotiations. The Transportation Agency
14shall use a two-phase procurement for a design-build contract
15to select the successful proposer; provided that the
16Transportation Agency may use a single phase procurement if the
17transportation facility is estimated to cost less than
18$5,000,000 or the Secretary or the Executive Director makes a
19written determination that the Transportation Agency may use a
20single phase procurement for a particular transportation
21facility. In a two-phase procurement, the Transportation
22Agency shall use the first phase to evaluate and short-list the
23most highly qualified proposers based on a proposer's
24qualifications, and then use the second phase to evaluate and
25select a proposer based on proposals submitted by the

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1short-listed proposers. During the first phase of a two-phase
2procurement, the Transportation Agency shall not consider
3price proposals to make its short-list decision. In a single
4phase procurement, the Transportation Agency shall solicit
5proposers with a request for proposals, and shall evaluate and
6select a proposer based on those proposals.
7 (b) The request for qualifications may contain any
8information deemed appropriate by the Transportation Agency
9including, without limitation, the following information:
10 (1) the anticipated scope of work for the
11 transportation facility;
12 (2) a requirement that the proposer identify certain
13 key personnel, and for design-build contracts certain key
14 firms, the experience of the personnel and firms, and the
15 conditions on which identified personnel and firms can be
16 replaced;
17 (3) the evaluation criteria for the qualifications and
18 the relative importance of those criteria; these
19 evaluation criteria may address, without limitation, the
20 proposer's technical and financial qualifications, such as
21 specialized experience, technical competence, capability
22 to perform, financial capacity, the proposer's workload,
23 local office presence, past performance, including the
24 proposer's safety record, and any other
25 qualifications-based factors;
26 (4) the Transportation Agency's prequalification,

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1 licensing, and registration requirements, including any
2 requirements from the Professional Engineering Practice
3 Act of 1989, the Illinois Architecture Practice Act of
4 1989, the Structural Engineering Practice Act of 1989, and
5 the Illinois Professional Land Surveyor Act of 1989,
6 provided that nothing contained herein precludes the
7 Transportation Agency's use of additional prequalification
8 criteria or pass/fail evaluation factors addressing
9 minimum levels of technical experience or financial
10 capabilities;
11 (5) the maximum number of proposers the Transportation
12 Agency will short-list to submit proposals; and
13 (6) any other relevant information the Transportation
14 Agency deems appropriate.
15 (c) Upon completion of the qualifications evaluation, the
16Transportation Agency shall, based on the evaluation criteria
17set forth in the request for qualifications, create a
18short-list of the most highly qualified proposers. The
19Transportation Agency shall short-list no more than 5 and no
20fewer than 2 of the most highly qualified proposers.
21Notwithstanding other provisions of this subsection (c), the
22Transportation Agency may short-list fewer than 2 proposers if
23the Secretary or the Executive Director make a finding that an
24emergency situation justifies the limited short-listing and
25fewer than 2 proposers meet any applicable prequalification or
26pass/fail requirements set forth in the request for

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

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1 and accept Alternative Technical Concepts;
2 (7) requirements regarding the proposer's
3 qualifications; and
4 (8) any other relevant information the Transportation
5 Agency deems appropriate.
6 (e) Prior to the proposers' submittal of proposals, the
7Transportation Agency may conduct confidential meetings and
8exchange confidential information with proposers to promote
9understanding of the request for proposals, review Alternative
10Technical Concepts, or discuss other issues related to the
11procurement.
12 (f) The date proposals are due must be at least 28 calendar
13days after the date the Transportation Agency first issues the
14request for proposals.
15 (g) The Transportation Agency may offer to pay a stipend in
16an amount and on the terms and conditions determined by the
17Transportation Agency and as set forth in the request for
18proposals to: (1) all short-listed proposers if the
19Transportation Agency cancels the procurement before the due
20date for proposals; or (2) each unsuccessful proposer that
21submits a responsive proposal. The Transportation Agency may
22pay a stipend only to those proposers who grant to the
23Transportation Agency the right to use any work product
24contained in the unsuccessful proposer's proposal and other
25proposal-related submissions or, if the Transportation Agency
26cancels the procurement before the due date for proposals, any

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1work product developed prior to cancellation, including
2technologies, techniques, methods, processes, and information
3contained in the recipient's design for the transportation
4facility.
5 (h) The Transportation Agency shall, as appropriate
6depending on whether the transportation facility includes
7building facilities, directly employ or retain a professional
8engineer or engineers licensed in this State or a licensed
9architect or architects, or both engineers licensed in this
10State and licensed architects, to prepare the scope and assist
11in the evaluation of the proposals' technical submissions under
12a design-build project delivery method. The professional
13engineers and licensed architects performing these services
14are generally precluded from participating in the procurement
15of the transportation facility at issue as a member of a
16proposer team.
17 (i) The Transportation Agency shall have the right to
18reject any and all qualifications or proposals, including, but
19not limited to, the right to reject any qualifications or
20proposals as non-responsive if, in the Transportation Agency's
21sole discretion, the qualifications or proposals do not meet
22all material requirements of the request for qualifications or
23request for proposals, as appropriate. The Transportation
24Agency shall not consider a proposal that does not include:
25 (1) the proposer's plan to comply with requirements
26 established by the Transportation Agency regarding

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1 utilization of business enterprises, including
2 disadvantaged business enterprises; or
3 (2) bid security in the form and amount designated in
4 the request for proposals.
5 (j) The Transportation Agency shall consult with the
6appropriate chief procurement officer on the design-build
7project delivery method and the Construction Manager/General
8Contractor project delivery method procurement processes, and
9the Secretary or the Executive Director, in consultation with
10the chief procurement officer, shall determine which
11procedures to adopt and apply to the design-build project
12delivery method and Construction Manager/General Contractor
13project delivery method procurement processes in order to
14ensure an open, transparent, and efficient process that
15accomplishes the purposes of this Act.
16 Section 30. Evaluation committee.
17 (a) The Transportation Agency shall establish one or more
18evaluation committees to assist in selecting a design-builder
19and a Construction Manager/General Contractor. The
20Transportation Agency shall, in its sole discretion, determine
21the appropriate size and composition of the evaluation
22committee, provided that at least half of the committee must be
23licensed design professionals.
24 (b) The Transportation Agency may establish an evaluation
25committee for a set term or for the procurement of a particular

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1transportation facility.
2 (c) Once the Transportation Agency identifies the
3proposers for a transportation facility, each member of an
4evaluation committee must certify that no conflict of interest
5exists between the member and the proposers. If the
6Transportation Agency, after consultation with the chief
7procurement officer, determines that an actual conflict
8exists, the member shall not participate on the evaluation
9committee for that procurement and the Transportation Agency
10shall appoint a replacement member on either a permanent or
11temporary basis.
12 Section 35. Procedures for selection. The Transportation
13Agency shall review, evaluate, score, and rank proposals and
14determine which proposal offers the best value to the public
15based on the evaluation criteria set forth in the request for
16proposals. The Transportation Agency shall award the contract
17based on this determination. Notwithstanding other provisions
18of this Section, if for any reason the proposer awarded the
19contract is unable or unwilling to execute the contract,
20including the failure of the proposer and the Transportation
21Agency to successfully complete negotiations, if any, of the
22contract, the Transportation Agency may award the contract to
23the proposer whose proposal the Transportation Agency
24determines offers the public the next best value.

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1 Section 40. Project records; confidentiality; public
2disclosure.
3 (a) The Transportation Agency shall maintain all written
4decisions, qualification and proposal evaluations, scoring
5documents, selection evaluations, proposals, and procurement
6documents in a procurement file maintained by the
7Transportation Agency.
8 (b) A proposer may identify those portions of a proposal or
9other submission that the proposer considers to be trade
10secrets or confidential, commercial, financial, or proprietary
11information. To consider confidential and proprietary
12information, including trade secrets, to be exempt from
13disclosure, the proposer shall do all of the following:
14 (1) request exclusion from disclosure upon submission
15 of the information or other materials for which protection
16 is sought;
17 (2) identify the data or other materials for which
18 protection is sought;
19 (3) state the statutory or regulatory basis for the
20 protection;
21 (4) fully comply 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
26 (5) certify if the information is in accordance with

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

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

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

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

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

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1Construction Manager/General Contractor contract.
2 Section 56. Utilization requirements. Design-builder and
3Construction Manager/General Contractor projects shall comply
4with Section 2-105 of the Illinois Human Rights Act and all
5applicable laws and rules that establish standards and
6procedures for the utilization of minority, disadvantaged, and
7female-owned businesses, including, but not limited to, the
8Business Enterprise for Minorities, Females, and Persons with
9Disabilities Act.
10 Section 60. Acquisition of property and related
11agreements. The Transportation Agency may exercise any and all
12powers of condemnation or eminent domain, including quick-take
13powers, to acquire lands or estates or interests in land for a
14transportation facility under this Act to the extent the
15Transportation Agency finds that the action serves the public
16purpose of this Act and deems the action appropriate in the
17exercise of its powers under this Act. In addition, the
18Transportation Agency and a design-builder or Construction
19Manager/General Contractor may enter into leases, licenses,
20easements, and other grants of property interests that the
21Transportation Agency determines are necessary to deliver a
22transportation facility under this Act.
23 Section 65. Federal requirements. In the procurement of

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

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1 Section 905. The Department of Transportation Law of the
2Civil Administrative Code of Illinois is amended by adding
3Section 2705-233 as follows:
4 (20 ILCS 2705/2705-233 new)
5 Sec. 2705-233. Design-build and Construction
6Manager/General Contractor for the transportation
7infrastructure. The Department may exercise all powers granted
8to it under the Innovations for Transportation Infrastructure
9Act, including, but not limited to, the power to enter into all
10contracts or agreements necessary or incidental to the
11performance of its powers under that Act, and powers related to
12any transportation facility implemented under that Act.
13 Section 910. The Illinois Finance Authority Act is amended
14by adding Section 825-108 as follows:
15 (20 ILCS 3501/825-108 new)
16 Sec. 825-108. Transportation project financing. For the
17purpose of financing a transportation facility undertaken
18under the Innovations for Transportation Infrastructure Act,
19the Authority may apply for an allocation of tax-exempt bond
20financing authorization provided by subsection (m) of Section
21142 of the United States Internal Revenue Code, as well as
22financing available under any other federal law or program.

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1 Section 915. The Illinois Procurement Code is amended by
2adding Section 1-10.5 as follows:
3 (30 ILCS 500/1-10.5 new)
4 Sec. 1-10.5. Alternative Technical Concepts.
5 (a) For the purposes of this Section, "Alternative
6Technical Concepts" and "design-bid-build project delivery
7method" have the meanings ascribed to those terms in the
8Innovations for Transportation Infrastructure Act.
9 (b) Notwithstanding subsection (b) of Section 1-10 of this
10Code, the Department of Transportation may allow bidders and
11proposers to submit Alternative Technical Concepts in their
12bids and proposals, provided the Department determines that the
13Alternative Technical Concepts provide an equal or better
14solution than the underlying technical requirements applicable
15to the work. Notwithstanding the foregoing, for projects the
16Department delivers using the design-bid-build project
17delivery method, the Department shall only use the Alternative
18Technical Concepts process for no more than 3 projects. If the
19Department allows bidders or proposers for a particular
20contract to submit Alternative Technical Concepts, the
21Department shall describe the process for submission and
22evaluation of Alternative Technical Concepts in the
23procurement documents for that contract, including the
24potential use of confidential meetings and the exchange of
25confidential information with bidders and proposers to review

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1and discuss potential or proposed Alternative Technical
2Concepts.
3 Section 920. The Public Construction Bond Act is amended by
4adding Section 1.9 as follows:
5 (30 ILCS 550/1.9 new)
6 Sec. 1.9. Design-build contracts and Construction
7Manager/General Contractor contracts. This Act applies to any
8design-build contract or Construction Manager/General
9Contractor contract entered into under the Innovations for
10Transportation Infrastructure Act.
11 Section 925. The Employment of Illinois Workers on Public
12Works Act is amended by adding Section 2.8 as follows:
13 (30 ILCS 570/2.8 new)
14 Sec. 2.8. Design build and Construction Manager/General
15Contractor contracts. This Act applies to any design build
16contracts and Construction Manager/General Contractor
17contracts entered into under the Innovations for
18Transportation Infrastructure Act.
19 Section 930. The Business Enterprise for Minorities,
20Females, and Persons with Disabilities Act is amended by adding
21Section 2.8 as follows:

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1 (30 ILCS 575/2.8 new)
2 Sec. 2.8. Design build and Construction Manager/General
3Contractor contracts. This Act applies to any design-build
4contracts and Construction Manager/General Contractor
5contracts entered into under the Innovations for
6Transportation Infrastructure Act.
7 Section 935. The Toll Highway Act is amended by adding
8Section 11.2 as follows:
9 (605 ILCS 10/11.2 new)
10 Sec. 11.2. Design-build and Construction Manager/General
11Contractor contracts. The Authority may exercise all powers
12granted to it under the Innovations for Transportation
13Infrastructure Act, including, but not limited to, the power to
14enter into all contracts or agreements necessary to perform its
15powers under that Act, and any powers related to a
16transportation facility implemented under that Act.
17 Section 940. The Eminent Domain Act is amended by adding
18Section 15-5-48 as follows:
19 (735 ILCS 30/15-5-48 new)
20 Sec. 15-5-48. Eminent domain powers in new Acts. The
21following provisions of law may include express grants of the

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1power to acquire property by condemnation or eminent domain:
2 The Innovations for Transportation Infrastructure Act; for
3the purposes of constructing a transportation facility under
4the Act.
5 Section 945. The Prevailing Wage Act is amended by changing
6Section 2 as follows:
7 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
8 Sec. 2. This Act applies to the wages of laborers,
9mechanics and other workers employed in any public works, as
10hereinafter defined, by any public body and to anyone under
11contracts for public works. This includes any maintenance,
12repair, assembly, or disassembly work performed on equipment
13whether owned, leased, or rented.
14 As used in this Act, unless the context indicates
15otherwise:
16 "Public works" means all fixed works constructed or
17demolished by any public body, or paid for wholly or in part
18out of public funds. "Public works" as defined herein includes
19all projects financed in whole or in part with bonds, grants,
20loans, or other funds made available by or through the State or
21any of its political subdivisions, including but not limited
22to: bonds issued under the Industrial Project Revenue Bond Act
23(Article 11, Division 74 of the Illinois Municipal Code), the
24Industrial Building Revenue Bond Act, the Illinois Finance

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1Authority Act, the Illinois Sports Facilities Authority Act, or
2the Build Illinois Bond Act; loans or other funds made
3available pursuant to the Build Illinois Act; loans or other
4funds made available pursuant to the Riverfront Development
5Fund under Section 10-15 of the River Edge Redevelopment Zone
6Act; or funds from the Fund for Illinois' Future under Section
76z-47 of the State Finance Act, funds for school construction
8under Section 5 of the General Obligation Bond Act, funds
9authorized under Section 3 of the School Construction Bond Act,
10funds for school infrastructure under Section 6z-45 of the
11State Finance Act, and funds for transportation purposes under
12Section 4 of the General Obligation Bond Act. "Public works"
13also includes (i) all projects financed in whole or in part
14with funds from the Department of Commerce and Economic
15Opportunity under the Illinois Renewable Fuels Development
16Program Act for which there is no project labor agreement; (ii)
17all work performed pursuant to a public private agreement under
18the Public Private Agreements for the Illiana Expressway Act or
19the Public-Private Agreements for the South Suburban Airport
20Act; and (iii) all projects undertaken under a public-private
21agreement under the Public-Private Partnerships for
22Transportation Act; and (iv) all transportation facilities
23undertaken under a design-build contract or a Construction
24Manager/General Contractor contract under the Innovations for
25Transportation Infrastructure Act. "Public works" also
26includes all projects at leased facility property used for

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1airport purposes under Section 35 of the Local Government
2Facility Lease Act. "Public works" also includes the
3construction of a new wind power facility by a business
4designated as a High Impact Business under Section 5.5(a)(3)(E)
5of the Illinois Enterprise Zone Act. "Public works" does not
6include work done directly by any public utility company,
7whether or not done under public supervision or direction, or
8paid for wholly or in part out of public funds. "Public works"
9also includes any corrective action performed pursuant to Title
10XVI of the Environmental Protection Act for which payment from
11the Underground Storage Tank Fund is requested. "Public works"
12does not include projects undertaken by the owner at an
13owner-occupied single-family residence or at an owner-occupied
14unit of a multi-family residence. "Public works" does not
15include work performed for soil and water conservation purposes
16on agricultural lands, whether or not done under public
17supervision or paid for wholly or in part out of public funds,
18done directly by an owner or person who has legal control of
19those lands.
20 "Construction" means all work on public works involving
21laborers, workers or mechanics. This includes any maintenance,
22repair, assembly, or disassembly work performed on equipment
23whether owned, leased, or rented.
24 "Locality" means the county where the physical work upon
25public works is performed, except (1) that if there is not
26available in the county a sufficient number of competent

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1skilled laborers, workers and mechanics to construct the public
2works efficiently and properly, "locality" includes any other
3county nearest the one in which the work or construction is to
4be performed and from which such persons may be obtained in
5sufficient numbers to perform the work and (2) that, with
6respect to contracts for highway work with the Department of
7Transportation of this State, "locality" may at the discretion
8of the Secretary of the Department of Transportation be
9construed to include two or more adjacent counties from which
10workers may be accessible for work on such construction.
11 "Public body" means the State or any officer, board or
12commission of the State or any political subdivision or
13department thereof, or any institution supported in whole or in
14part by public funds, and includes every county, city, town,
15village, township, school district, irrigation, utility,
16reclamation improvement or other district and every other
17political subdivision, district or municipality of the state
18whether such political subdivision, municipality or district
19operates under a special charter or not.
20 The terms "general prevailing rate of hourly wages",
21"general prevailing rate of wages" or "prevailing rate of
22wages" when used in this Act mean the hourly cash wages plus
23annualized fringe benefits for training and apprenticeship
24programs approved by the U.S. Department of Labor, Bureau of
25Apprenticeship and Training, health and welfare, insurance,
26vacations and pensions paid generally, in the locality in which

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1the work is being performed, to employees engaged in work of a
2similar character on public works.
3(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
498-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
57-16-14.)
6 Section 997. Severability. The provisions of this Act are
7severable under Section 1.31 of the Statute on Statutes.
8 Section 999. Effective date. This Act takes effect upon
9becoming law.

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1 INDEX
2 Statutes amended in order of appearance