Bill Text: IL SB1647 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Creates the Design-Build and Construction Manager/General Contractor Transportation Infrastructure Act. Provides that the Department of Transportation is authorized to use the design-build project delivery method or the construction manager/general contractor delivery method for up to 5 transportation facilities for each delivery method. Contains provisions concerning the procurement process and terms of the contract. Provides that the Department of Transportation has eminent domain and quick take powers under the Act. Amends various other Acts to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1647 Detail]

Download: Illinois-2013-SB1647-Amended.html

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Sen. Kwame Raoul

Filed: 4/15/2013

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AMENDMENT TO SENATE BILL 1647
AMENDMENT NO. ______. Amend Senate Bill 1647 by replacing
everything after the enacting clause with the following:
"ARTICLE 1.
DESIGN-BUILD FOR TRANSPORTATION INFRASTRUCTURE ACT
Section 1-1. Short title. This Act may be cited as the
Design-Build for Transportation Infrastructure Act.
Section 1-5. Legislative policy.
(a) It is the public policy of the State of Illinois to
promote the development of infrastructure projects that serve
the needs of the public.
(b) The design-build project delivery method has the
potential to safely deliver infrastructure projects on more
predictable schedules and budgets. Earlier completions and
lower costs are possible with the ability to shift or share

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risks with the private sector that are generally retained by
the public in the conventional design-bid-build project
delivery method.
(c) It is the intent of the General Assembly that the
Illinois Department of Transportation and the Illinois State
Toll Highway Authority be allowed to carry out a demonstration
program related to the design-build project delivery method.
(d) It is the intent of this Act to use Illinois design
professionals, construction companies, and workers to the
greatest extent possible.
(e) The powers granted in this Act are in addition to any
other powers authorized under applicable law.
Section 1-10. Definitions. As used in this Act:
"Authority" means the Illinois State Toll Highway
Authority.
"Best value" means any selection process in which proposals
contain both price and qualitative components and award is
based upon a combination of price and quantitative
considerations.
"Department" means the Illinois Department of
Transportation.
"Design-bid-build project delivery method" means the
traditional method of procuring and contracting for design and
construction services used in this State, which incorporates
the Architectural, Engineering, and Land Surveying

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Qualifications Based Selection Act and the principles of
competitive bidding set forth in the Illinois Procurement Code.
"Design-build project delivery method" means a method of
procurement and contracting that provides responsibility
within a single contract between the Transportation Agency and
a design-builder for the furnishing of architectural,
surveying, engineering, construction, and related services for
a transportation facility, and may also include responsibility
for financing all or a portion of that facility, procured on
the basis of a combination of qualifications, price and other
factors.
"Design-build contract" means a contract between the
Transportation Agency and a design-builder under which the
design-builder agrees to furnish architectural, surveying,
engineering, construction, and related services for a
transportation facility, and may also include the
design-builder having responsibility for financing a portion
or all of this facility.
"Design-builder" means a proposer that has entered into a
design-build contract under this Act.
"Evaluation Committee" means the committee assembled to
evaluate and score statements of qualifications, draft, and
final proposals. The Evaluation Committee shall include a
technical review team for the technical proposals.
"Evaluation criteria" means the publicly announced
standards and requirements established by the Transportation

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Agency against which the qualifications and proposals of a
proposer will be assessed during the procurement of a
design-build contract.
"Metropolitan Planning Organization" means a metropolitan
planning organization designated under 23 U.S.C. Section 134
whose metropolitan planning area boundaries are partially or
completely within the State.
"Proposal" means a response to a request for proposals.
"Proposer" means any individual, sole proprietorship,
firm, partnership, joint venture, corporation, professional
corporation, or other entity legally established to conduct
business in the State of Illinois that proposes to be the
design-builder for any transportation facility under this Act.
A proposer and its members shall conduct themselves in
accordance with the laws of this State and the related
provisions of the Illinois Administrative Code, as referenced
by the licensed design professionals Acts of this State.
"Qualifications" means a statement of qualifications
submitted by a proposer in response to a request for
qualifications.
"Request for proposals" means the document issued by the
Transportation Agency to solicit proposals, that describes the
procurement process, forms the basis for the final proposals
and may potentially become an element in the design-build
contract in accordance with the design-build project delivery
method.

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"Request for qualifications" means the document issued by
the Transportation Agency in the first phase of a two-phase
procurement to solicit qualifications from proposers in
accordance with the design-build project delivery method.
"Scope and performance requirements" means the preferred
constructed elements, activities, and standards of performance
required by the Transportation Agency to be complied with in
the development of the transportation facility, which may
include but not be limited to, the intended usage, capacity,
size, scope, quality and performance standards, life-cycle
costs, preliminary engineering, design and other requirements
as developed and determined by the Transportation Agency.
"Transportation Agency" means the Illinois Department of
Transportation or the Illinois State Toll Highway Authority.
"Transportation facility" means any new or existing
facility or group of facilities which may include highways,
roads, bridges, tunnels, overpasses, ferries, airports or
other aviation facilities, public transportation facilities,
vehicle parking facilities, seaport facilities, rail
facilities, intermodal facilities, transit facilities or
similar facilities used for the transportation of persons or
goods.
Section 1-15. Authorization of Project Delivery Methods.
(a) Notwithstanding any other law, and as authority
supplemental to its existing powers, a Transportation Agency,

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in accordance with this Act, is authorized to use the
design-build project delivery method for up to 5 transportation
facilities per Transportation Agency; provided that, prior to
commencing a procurement under this Act, the Transportation
Agency has first undertaken an analysis and made a written
determination that it is in the best interests of this State to
utilize the selected delivery method for that transportation
facility. The proposed analysis and determination shall
discuss impacts to the schedule and completion date and project
costs. The best interests of the State analysis shall be made
available to the public.
(b) The Transportation Agency shall report to the General
Assembly annually on the progress of procurements and
transportation facilities procured under this Act. The
Transportation Agency's obligation to submit a progress report
for a particular transportation facility shall, as applicable,
end two years after (i) the Transportation Agency's termination
of the procurement, (ii) early termination of the design-build
contract, or (iii) completion of the transportation facility.
Section 1-20. Preconditions to commencement of
procurement.
(a) If the Transportation Agency determines to use the
design-build project delivery method for a particular
transportation facility, the Transportation Agency may not
commence a procurement for the transportation facility unless

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one of the following requirements is satisfied: (1) the
transportation facility is included in the State's Multi-Year
Highway Improvement Program; (2) the Transportation Agency has
issued a notice of intent to receive qualifications at least 14
days prior to the issuance of the request for qualifications;
or (3) for a single phase procurement authorized pursuant to
subsection (a) of Section 1-25, the Transportation Agency has
issued a notice of intent to receive proposals at least 14 days
prior to the issuance of the request for proposals. If the
Transportation Agency issues one of the notices of intent
described above, the Transportation Agency shall publish the
notice of intent in the Transportation Procurement Bulletin or
their official procurement bulletin. The Transportation Agency
shall include a description of the proposed procurement in any
notice of intent.
(b) The Transportation Agency must determine that any
transportation facility developed pursuant to this Act must be
consistent with the regional plan then in existence of any
metropolitan planning organization in whose boundaries the
transportation facility is located.
Section 1-25. Procurement process.
(a) The Transportation Agency may solicit a proposer with
which to enter into a design-build contract by using, without
limitation, requests for qualifications, short-listing of the
most highly qualified proposers, requests for proposals,

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negotiations, and best and final offers. The Transportation
Agency shall use a two-phase procurement to select the
successful proposer; provided that the Transportation Agency
may use a single phase procurement if the transportation
facility is estimated to cost less than $10,000,000 or the
Secretary of Transportation or Executive Director of the
Illinois State Highway Toll Authority makes a written
determination that the Transportation Agency may use a single
phase procurement for a particular transportation facility. In
a two-phase procurement, the Transportation Agency shall use
the first phase to evaluate and short-list the most highly
qualified proposers based on qualifications, and then use the
second phase to evaluate and select a proposer based on
proposals submitted by the short-listed proposers. In a single
phase procurement, the Transportation Agency shall solicit
proposers with a request for proposals, and shall evaluate and
select a proposer based on proposals.
(b) The request for qualifications may contain any
information deemed appropriate by the Transportation Agency
including, without limitation, the following information:
(1) the anticipated scope of work for the
transportation facility;
(2) a requirement that the proposer identify certain
key personnel and certain key firms including the lead
design firm and the lead construction firm, the experience
of such personnel and firms, and the condition on which

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identified firms can be replaced;
(3) the evaluation criteria for the qualifications and
the relative importance of those criteria; the evaluation
criteria for qualifications for both the lead design and
construction firms shall, at a minimum, (i) require that
the proposer address its ability to meet, past performance
in meeting, or in exhausting good faith efforts to meet,
the utilization goals, or plans to comply with the
utilization goals, for business enterprises established in
the Business Enterprise for Minorities, Females, and
Persons with Disability Act or federal law or regulations
that establish standards and procedures for the
utilization of minority, disadvantaged, and female-owned
businesses, and (ii) require the proposer to identify its
ability to comply with, plan, and past performance in
complying with, Section 2-105 of the Illinois Human Rights
Act.
The evaluation criteria for qualifications may also
address, without limitation, the proposer's technical
qualifications, such as specialized experience, technical
competence, capability to perform, and past performance,
including the proposer's safety record, capacity of
proposer, and any other qualifications based factors;
(4) the Transportation Agency's established
prequalification, licensing and registration requirements,
including the Professional Engineering Practice Act of

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1989, the Illinois Architectural Practice Act of 1989, the
Structural Engineering Practice Act of 1989, and the
Illinois Professional Land Surveyor Act of 1989, provided
that nothing contained herein precludes the Transportation
Agency's use of additional prequalification criteria or
pass/fail evaluation factors addressing minimum levels of
technical experience or financial capabilities;
(5) the maximum number of proposers the Transportation
Agency will short-list to submit proposals; and
(6) any other relevant information.
(c) Upon completion of the qualifications evaluation, the
Transportation Agency shall, based on the evaluation criteria
set forth in the request for qualifications, create a
short-list of the most highly qualified proposers. The
Transportation Agency shall short-list no fewer than 2 of the
most highly qualified proposers unless (i) fewer than 2
proposers submit qualifications, (ii) fewer than 2 proposers
meet the applicable prequalification and pass/fail
requirements, or (iii) the Secretary of Transportation makes a
finding that the Transportation Agency may short-list fewer
than 2 proposers.
(d) The request for proposals shall contain all critical
information deemed appropriate by the Transportation Agency,
and may include, without limitation, the following
information:
(1) the schedule or date for completion of the

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transportation facility;
(2) the form and amount of required bid security;
(3) the terms of the design-build contract including,
but not limited to, scope and performance requirements,
schedule or completion date requirements, subcontractor
requirements, payment and performance security
requirements, and insurance requirements.
(4) a provision for the proposer's plans to meet the
utilization requirements for business enterprises
established in the Business Enterprise for Minorities,
Females, and Persons with Disability Act, or federal law or
regulations that establish standards and procedures for
the utilization of minority, disadvantaged, and
female-owned businesses, and compliance with Section 2-105
of the Illinois Human Rights Act;
(5) the proposed budget for the project;
(6) the requirements for the technical component of the
proposal, including a description of the level of design,
scope and type of renderings, drawings, and specifications
to be provided in the proposals;
(7) the requirements for the price component of the
proposal.
(8) the evaluation criteria for the proposals and the
relative importance of those criteria, including any
formulas to be employed by the Transportation Agency; as
the Transportation Agency deems appropriate, the technical

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proposal evaluation criteria may, without limitation,
include compliance with the Transportation Agency's stated
objectives for the project, the proposal's compliance with
the request for proposal requirements, the level of quality
of proposed products or materials, and the quality of the
proposed design;
(9) the acceptance of Alternate Technical Concepts
(10) in the case of a single phase procurement,
requirements regarding the proposer's qualifications; or
(11) any other relevant information.
(e) The transportation agency may conduct discussions to
promote understanding of the Transportation Agency's
requirements prior to submittal of final proposals.
(f) The date proposals are due must be at least 28 calendar
days after the date of the issuance of the request for
proposals.
(g) The Transportation Agency may offer to pay a stipend in
an amount and on the terms and conditions determined by the
Transportation Agency and as set forth in the proposal to (i)
all short-listed proposers if the Transportation Agency
cancels the procurement before the due date for proposals or
(ii) each unsuccessful proposer that submits a responsive
proposal. The Transportation Agency may pay a stipend only to
those proposers who agree that their proposal and other
proposal-related submissions will become the property of the
Transportation Agency.

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(h) The Transportation Agency shall directly employ or
retain a professional engineer(s) licensed in the State, and
licensed architect for building facilities to prepare the scope
and assist in the evaluation of the proposals' technical
submissions under a design-build project delivery method and
determine if the submissions are in accordance with generally
accepted industry standards
(i) The Transportation Agency shall have the right to
reject any and all qualifications or proposals, including, but
not limited to the right to reject any proposal as
non-responsive if the proposal does not meet all material
requirements of the request for proposals. The Transportation
Agency shall not consider a proposal that does not include: (i)
the proposer's plan to comply with requirements regarding
utilization of business enterprises, including disadvantaged
business enterprises, established by the Transportation
Agency; or (ii) bid security in the form and amount designated
in the request for proposals.
Section 1-30. Evaluation Committee.
(a) The Transportation Agency shall establish an
evaluation committee to review and select the design-builder.
The evaluation committee, under the discretion of the
Transportation Agency, shall consist of 7 members and shall
include at least 6 licensed design professionals. Two of the
members shall be members of the public and shall both be

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licensed design-professionals. Public Members may not be
employed or associated with any firm associated with a
design-build entity proposing on the public project. One public
member shall be nominated by associations representing the
general design or construction industry, and one member shall
be nominated by associations that represent minority or
female-owned design or construction industry businesses. The
evaluation committee may be for a set term or for the
particular project subject to the request for proposal.
(b) The members of the evaluation committee must certify
for each request for proposal that no conflict of interest
exists between the members and the design-build entities
submitting proposals. If a conflict exists, the member must be
replaced before any review of proposals.
(c) The Transportation Agency shall conduct a technical
review, evaluation and scoring of proposals and submit those
results to the evaluation committee prior to the review and
selection by the evaluation committee.
Section 1-35. Procedures for selection. Upon completion of
the evaluation of proposals, if the Transportation Agency
decides to award a design-build contract, the Transportation
Agency shall award the contract to the proposer whose proposal
is determined to offer the best value to the public based on
the evaluation criteria set forth in the request for proposals.
Notwithstanding the above, if, for any reason, the proposer

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submitting the best value proposal is unable or unwilling to
execute the contract, including the failure of the proposer and
the Transportation Agency to successfully complete
negotiations of the contract, the Transportation Agency may
award the contract to the proposer whose proposal offers the
public the next best value.
Section 1-40. Project records, confidentiality, and public
disclosure.
(a) The Transportation Agency shall maintain all written
decisions, evaluations, scoring documents, selection
evaluations, proposals, and procurement documents in a
procurement file maintained by the Transportation Agency.
(b) A proposer may identify those portions of a proposal or
other submission that the proposer considers to be trade
secrets or confidential commercial, financial, or proprietary
information. To consider confidential and proprietary
information and trade secrets to be exempt from disclosure, the
proposer shall do all of the following:
(1) request exclusion from disclosure upon submission
of the information or other materials for which protection
is sought;
(2) identify the data or other materials for which
protection is sought;
(3) state the reasons why protection is necessary; and
(4) fully comply with the federal Freedom of

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Information Act and any other applicable provisions of
State law with respect to information the proposer contends
should be exempt from disclosure;
(5) certify if such information is in accordance with
the protection of the Illinois Trade Secrets Act.
(c) Notwithstanding any other provision of law, in order to
properly balance the need to maximize competition under this
Act with the need to create a transparent procurement process,
qualifications, proposals, other information and documents
submitted by proposers and the Transportation Agency's
evaluation records shall not be subject to release or
disclosure by the Transportation Agency until execution of the
design-build contract. If the Transportation Agency rejects
all qualifications submitted in response to a request for
qualifications, or rejects all proposals submitted in response
to a request for proposals, the exemption from release or
disclosure under this section shall remain in place until the
Transportation Agency re-procures the transportation facility
and has entered into a design-build contract. However, this
exemption shall lapse if the Transportation Agency does not
commence the re-procurement of the transportation facility
within one year of its rejection of the responses to the
request for qualifications or request for proposals.
Section 1-45. Design-build contract. A design-build
contract may include any provisions the Transportation Agency

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determines are necessary or appropriate, including but not
limited to provisions regarding the following:
(1) compensation or payments to the design-builder;
(2) grounds for termination of the design-build contract,
including the Transportation Agency's right to terminate for
convenience;
(3) liability for damages and nonperformance;
(4) events of default and the rights and remedies available
to the design-builder and the Transportation Agency in the
event of a default or delay;
(5) terms for the design-builder's compliance with
business enterprises, including disadvantaged business
enterprises, requirements and with Section 2-105 of the
Illinois Human Rights Act;
(6) the identification of any technical specifications
that the design-builder must comply with when developing plans
or performing construction work;
(7) the procedures for review and approval of the
design-builder's plans;
(8) required performance and payment security;
(9) the terms and conditions of indemnification and minimum
insurance requirements; or
(10) any other terms and conditions.
Section 1-50. Labor.
(a) The Transportation Agency shall consider requiring the

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use of a project labor agreement in connection with the
development of a transportation facility under this Act.
(b) The design-builder and all subcontractors to them,
shall comply with Section 30-22 of the Illinois Procurement
Code as they apply to responsible bidders and to present
satisfactory evidence of that compliance to the Transportation
Agency, unless the project is federally funded and the
application of those requirements would jeopardize the receipt
or use of federal funds in support of the transportation
project, and all applicable general labor provisions.
Section 1-55. Funding and financing.
(a) The Transportation Agency may utilize any lawful source
of funding and financing to compensate a design-builder for
work and services performed under a design-build contract and
the Transportation Agency may combine federal, State, local,
and private funds to finance a transportation facility.
(b) The Transportation Agency may impose short term, 5
years or less, financing obligations and other financial
responsibilities on a design-builder in order to finance the
costs of a transportation facility.
(c) Subject to appropriation by the General Assembly of the
required amounts, the Transportation Agency may obligate and
make expenditures of funds as and when needed to satisfy its
payment obligations under a design-build contract.

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Section 1-60. Acquisition of property and related
agreements. The Transportation Agency may exercise any and all
powers of condemnation or eminent domain, including quick-take
powers, to acquire lands or estates or interests in land for a
transportation facility under this Act or to the extent the
Transportation Agency finds that the action serves the public
purpose of this Act and deems the action appropriate in the
exercise of its powers under this Act. In addition, the
Transportation Agency and a design-builder may enter into
leases, licenses, easements, and other grants of property
interests that the Transportation Agency determines necessary
to carry out this Act.
Section 1-65. Administrative Procedure Act. The Illinois
Administrative Procedure Act applies to all administrative
rules and procedures of the Transportation Agency under this
Act except that nothing herein shall be construed to render any
prequalification or other responsibility criteria as a
"license" or "licensing" under that Act.
Section 70. Federal requirements. In the procurement of
design-build contracts, the Transportation Agency shall comply
with federal law and regulations and take all necessary steps
to adapt its rules, policies, and procedures to remain eligible
for federal aid.

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Section 75. Powers. The powers granted to the
Transportation Agency under this Act shall be liberally
construed to accomplish its purpose, are in addition to any
existing powers of the Transportation Agency, and shall not
affect or impair any other powers authorized under applicable
law. This includes powers to procure and enter into
design-build contracts under this Act.
Section 80. Rules. The Transportation Agency may adopt
rules to carry out the provisions of this Act.
Section 85. Repealer. This Act is repealed on the date that
is 5 years after the effective date of this Act; provided that
any design-build contracts entered into before such date or any
procurement of a transportation facility under this Act
commenced before such date, and the contracts resulting from
those procurements, shall remain effective.
ARTICLE 5.
AMENDATORY PROVISIONS
Section 5-5. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by adding
Section 2705-233 as follows:
(20 ILCS 2705/2705-233 new)

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Sec. 2705-233. Design-build for transportation
infrastructure. The Transportation Agency may exercise all
powers granted to it under the Design-Build for Transportation
Infrastructure Act, including the power to enter into all
contracts or agreements necessary or incidental to the
performance of its powers under the Act, and powers related to
any transportation facility implemented pursuant to that Act.
Section 5-10. The Illinois Finance Authority Act is amended
by adding Section 825-108 as follows:
(20 ILCS 3501/825-108 new)
Sec. 825-108. Transportation project financing. For the
purpose of financing a transportation facility undertaken
under the Design-Build for Transportation Infrastructure Act,
the Transportation Agency is authorized to apply for an
allocation of tax-exempt bond financing authorization provided
by Section 142(m) of the United States Internal Revenue Code,
as well as financing available under any other federal law or
program.
Section 5-15. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.

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(a) This Code applies only to procurements for which
contractors were first solicited on or after July 1, 1998. This
Code shall not be construed to affect or impair any contract,
or any provision of a contract, entered into based on a
solicitation prior to the implementation date of this Code as
described in Article 99, including but not limited to any
covenant entered into with respect to any revenue bonds or
similar instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care.
(4) Hiring of an individual as employee and not as an
independent contractor, whether pursuant to an employment
code or policy or by contract directly with that
individual.
(5) Collective bargaining contracts.

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(6) Purchase of real estate, except that notice of this
type of contract with a value of more than $25,000 must be
published in the Procurement Bulletin within 7 days after
the deed is recorded in the county of jurisdiction. The
notice shall identify the real estate purchased, the names
of all parties to the contract, the value of the contract,
and the effective date of the contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor shall
give his or her prior approval when the procuring agency is
one subject to the jurisdiction of the Governor, and
provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or her
prior approval when the procuring entity is not one subject
to the jurisdiction of the Governor.
(8) Contracts for services to Northern Illinois
University by a person, acting as an independent
contractor, who is qualified by education, experience, and
technical ability and is selected by negotiation for the
purpose of providing non-credit educational service
activities or products by means of specialized programs
offered by the university.
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) Procurement expenditures by the Illinois Health

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Information Exchange Authority involving private funds
from the Health Information Exchange Fund. "Private funds"
means gifts, donations, and private grants.
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related to
the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220 of
the Public Utilities Act, including calculating the range of
capital costs, the range of operating and maintenance costs, or

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the sequestration costs or monitoring the construction of clean
coal SNG brownfield facility for the full duration of
construction.
(f) This Code does not apply to the process used by the
Illinois Power Agency to retain a mediator to mediate sourcing
agreement disputes between gas utilities and the clean coal SNG
brownfield facility, as defined in Section 1-10 of the Illinois
Power Agency Act, as required under subsection (h-1) of Section
9-220 of the Public Utilities Act.
(g) This Code does not apply to the processes used by the
Illinois Power Agency to retain a mediator to mediate contract
disputes between gas utilities and the clean coal SNG facility
and to retain an expert to assist in the review of contracts
under subsection (h) of Section 9-220 of the Public Utilities
Act. This Code does not apply to the process used by the
Illinois Commerce Commission to retain an expert to assist in
determining the actual incurred costs of the clean coal SNG
facility and the reasonableness of those costs as required
under subsection (h) of Section 9-220 of the Public Utilities
Act.
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) (h) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this

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Code, unless such records would be subject to attorney-client
privilege.
(j)Except for Section 20-160 and Article 50 of this Code,
the provisions of this Code do not apply to design-build
contracts entered into according to the procurement
requirements of the Design-Build for Transportation
Infrastructure Act.
(Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10;
97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11;
97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-895, eff.
8-3-12; revised 8-23-12.)
Section 5-20. The Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act is amended by
adding Section 85 as follows:
(30 ILCS 535/85 new)
Sec. 85. Design-Build Contracts. This Act shall not apply
to the procurement of or contracting for transportation
facilities pursuant to design-build contracts under the
Design-Build for Transportation Infrastructure Act.
Section 5-25. The Employment of Illinois Workers on Public
Works Act is amended by adding Section 2.8 as follows:
(30 ILCS 570/2.8 new)

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Sec. 2.8. Design-build contracts. This Act applies to any
construction work undertaken pursuant to design-build
contracts entered into under the Design-Build for
Transportation Infrastructure Act.
Section 5-26. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by adding
Section 2.8 as follows:
(30 ILCS 575/2.8 new)
Sec. 2.8. Design-build contracts. This Act applies to any
design-build contracts entered into under the Design-Build for
Transportation Infrastructure Act.
Section 5-27. The Eminent Domain Act is amended by adding
Section 15-5-47 as follows:
(735 ILCS 30/15-5-47 new)
Sec. 15-5-47. Eminent domain powers in new Acts. The
following provisions of law may include express grants of the
power to acquire property by condemnation or eminent domain:
The Design-Build for Transportation Infrastructure Act;
Department of Transportation; for the purposes of constructing
a transportation facility under the Act and to serve the public
purpose of the Act.

09800SB1647sam001 - 28 - LRB098 08041 HLH 44601 a
Section 5-30. The Prevailing Wage Act is amended by
changing Section 2 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act, or
the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; or funds from the
Fund for Illinois' Future under Section 6z-47 of the State
Finance Act, funds for school construction under Section 5 of

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the General Obligation Bond Act, funds authorized under Section
3 of the School Construction Bond Act, funds for school
infrastructure under Section 6z-45 of the State Finance Act,
and funds for transportation purposes under Section 4 of the
General Obligation Bond Act. "Public works" also includes (i)
all projects financed in whole or in part with funds from the
Department of Commerce and Economic Opportunity under the
Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement; (ii) all work performed
pursuant to a public private agreement under the Public Private
Agreements for the Illiana Expressway Act; and (iii) all
projects undertaken under a public-private agreement under the
Public-Private Partnerships for Transportation Act; and (iv)
all transportation facilities undertaken under a design-build
contract pursuant to the Design-Build for Transportation
Infrastructure Act. "Public works" also includes all projects
at leased facility property used for airport purposes under
Section 35 of the Local Government Facility Lease Act. "Public
works" also includes the construction of a new wind power
facility by a business designated as a High Impact Business
under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
"Public works" does not include work done directly by any
public utility company, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" does not include projects
undertaken by the owner at an owner-occupied single-family

09800SB1647sam001 - 30 - LRB098 08041 HLH 44601 a
residence or at an owner-occupied unit of a multi-family
residence.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the public
works efficiently and properly, "locality" includes any other
county nearest the one in which the work or construction is to
be performed and from which such persons may be obtained in
sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or in
part by public funds, and includes every county, city, town,
village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state

09800SB1647sam001 - 31 - LRB098 08041 HLH 44601 a
whether such political subdivision, municipality or district
operates under a special charter or not.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
fringe benefits for training and apprenticeship programs
approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in which
the work is being performed, to employees engaged in work of a
similar character on public works.
(Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186,
eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502,
eff. 8-23-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".