SB 1320 — INFRASTRUCTURE DESIGN BUILD
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 100th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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.
Bill Text
What changed in the latest version
35 added · 74 removedPlain-language change summary
The recent amendments to SB 1320 introduced additional lines that clarify how the Illinois Department of Transportation and the Toll Highway Authority can use different methods for delivering transportation projects. Specifically, the bill now emphasizes that these methods must not exceed set percentages of their annual improvement programs. This change is important because it aims to ensure a balance between innovative project delivery methods and traditional processes, potentially enhancing efficiency while safeguarding taxpayer interests. Overall, it reflects a careful approach to managing infrastructure improvements in Illinois.
*LRB10006153AXK16186b* SB1320 100THEngrossed GENERALLRB100 ASSEMBLY06153 StateAXK of16186 Illinoisb andAN 2018ACT SB1320concerning Introducedtransportation. 2/9/2017, by Sen.
Martin A.
Sandoval SYNOPSIS AS INTRODUCED:
See Index 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.
LRB100 06153 AXK 16186 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB1320 LRB100 06153 AXK 16186 b AN ACT concerning transportation.
(c) It is the intent of the General Assembly that the Department of Transportation and the Illinois State Toll Highway Authority may evaluate and use Alternative Technical Concepts proposed by bidders and proposers and to use the design-build project delivery method and Construction SB1320 Engrossed - 2 - LRB100 06153 AXK 16186 b Manager/General Contractor project delivery method.
"Construction Manager/General Contractor contract" means the two-phase contract between the Transportation Agency and a SB1320 Engrossed - 3 - LRB100 06153 AXK 16186 b Construction Manager/General Contractor, which includes a first phase addressing preconstruction services and a second phase addressing the construction of the transportation facility.
"Design-build project delivery method" means a method of SB1320 Engrossed - 4 - LRB100 06153 AXK 16186 b 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.
"Preconstruction services" means all non-construction-related services that a Construction Manager/General Contractor is required to perform during the first phase of a Construction Manager/General Contractor SB1320 Engrossed - 5 - LRB100 06153 AXK 16186 b contract, which may include, but is not limited to, giving advice to the Transportation Agency regarding scheduling, work sequencing, cost engineering, constructability, cost estimating, and risk identification.
"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 or the SB1320 Engrossed - 6 - LRB100 06153 AXK 16186 b Construction Manager/General Contractor project delivery method, as applicable.
"Transportation facility" means any new or existing facility or group of facilities that are the subject of a design-build contract or a Construction Manager/General Contractor contract, and which may include highways, roads, bridges, tunnels, overpasses, bus ways, guideways, ferries, airports or other aviation facilities, public transportation facilities, vehicle parking facilities, port facilities, rail facilities, stations, hubs, terminals, intermodal facilities, transit facilities, or similar facilities used for the transportation of persons or goods, together with any buildings, structures, parking areas, appurtenances, SB1320 Engrossed - 7 - LRB100 06153 AXK 16186 b intelligent transportation systems, and other property or facilities related to the operation or maintenance of these facilities.
Prior to commencing a procurement under this Act for either a SB1320 Engrossed - 8 - LRB100 06153 AXK 16186 b design-build contract or a Construction Manager/General Contractor contract, the Transportation Agency shall first undertake an analysis and make a written determination that it is in the best interests of this State to utilize the selected delivery method for that transportation facility.
SB1320 Engrossed - 9 - LRB100 06153 AXK 16186 b (1) the Transportation Agency does one of the following:
and SB1320 Engrossed - 10 - LRB100 06153 AXK 16186 b (2) the Transportation Agency shall use its best efforts to ensure that the transportation facility is consistent with the regional plan in existence at the time of any metropolitan planning organization in which the boundaries of the transportation facility is located, or any other publicly-approved plan.
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 a proposer's qualifications, and then use the second phase to evaluate and select a proposer based on proposals submitted by the SB1320 Engrossed - 11 - LRB100 06153 AXK 16186 b short-listed proposers.
(4) the Transportation Agency's prequalification, SB1320 Engrossed - 12 - LRB100 06153 AXK 16186 b licensing, and registration requirements, including any requirements from the Professional Engineering Practice Act of 1989, the Illinois Architecture 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;
Notwithstanding other provisions of this subsection (c), the Transportation Agency may short-list fewer than 2 proposers if the Secretary or the Executive Director make a finding that an emergency situation justifies the limited short-listing and fewer than 2 proposers meet any applicable prequalification or pass/fail requirements set forth in the request for SB1320 Engrossed - 13 - LRB100 06153 AXK 16186 b qualifications.
(6) a process for the Transportation Agency to review SB1320 Engrossed - 14 - LRB100 06153 AXK 16186 b and accept Alternative Technical Concepts;
The Transportation Agency may pay a stipend only to those proposers who grant to the Transportation Agency the right to use any work product contained in the unsuccessful proposer's proposal and other proposal-related submissions or, if the Transportation Agency cancels the procurement before the due date for proposals, any SB1320 Engrossed - 15 - LRB100 06153 AXK 16186 b work product developed prior to cancellation, including technologies, techniques, methods, processes, and information contained in the recipient's design for the transportation facility.
(1) the proposer's plan to comply with requirements established by the Transportation Agency regarding SB1320 Engrossed - 16 - LRB100 06153 AXK 16186 b utilization of business enterprises, including disadvantaged business enterprises;
(b) The Transportation Agency may establish an evaluation committee for a set term or for the procurement of a particular SB1320 Engrossed - 17 - LRB100 06153 AXK 16186 b transportation facility.
SB1320 Engrossed - 18 - LRB100 06153 AXK 16186 b Section 40.
and (5) certify if the information is in accordance with SB1320 Engrossed - 19 - LRB100 06153 AXK 16186 b the protection of the Illinois Trade Secrets Act.
(2) grounds for termination of the design-build SB1320 Engrossed - 20 - LRB100 06153 AXK 16186 b contract, including the Transportation Agency's right to terminate for convenience;
The second phase shall address the Construction Manager/General Contractor's construction of the transportation facility for a SB1320 Engrossed - 21 - LRB100 06153 AXK 16186 b lump sum or a guaranteed maximum price.
(3) the process the Transportation Agency and the Construction Manager/General Contractor shall use to determine a lump sum or guaranteed maximum price for the construction work, which shall include a requirement that SB1320 Engrossed - 22 - LRB100 06153 AXK 16186 b the Transportation Agency conduct an independent cost estimate for the construction work;
(5) the terms and conditions of indemnification and SB1320 Engrossed - 23 - LRB100 06153 AXK 16186 b minimum insurance requirements;
(b) 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 or SB1320 Engrossed - 24 - LRB100 06153 AXK 16186 b Construction Manager/General Contractor contract.
In the procurement of SB1320 Engrossed - 25 - LRB100 06153 AXK 16186 b design-build contracts and Construction Manager/General Contractor contracts, the Transportation Agency shall, to the extent applicable, 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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SB1320 Engrossed - 26 - LRB100 06153 AXK 16186 b Section 905.
SB1320 Engrossed - 27 - LRB100 06153 AXK 16186 b Section 915.
If the Department allows bidders or proposers for a particular contract to submit Alternative Technical Concepts, the Department shall describe the process for submission and evaluation of Alternative Technical Concepts in the procurement documents for that contract, including the potential use of confidential meetings and the exchange of confidential information with bidders and proposers to review SB1320 Engrossed - 28 - LRB100 06153 AXK 16186 b and discuss potential or proposed Alternative Technical Concepts.
SB1320 Engrossed - 29 - LRB100 06153 AXK 16186 b (30 ILCS 575/2.8 new) Sec.
The following provisions of law may include express grants of the SB1320 Engrossed - 30 - LRB100 06153 AXK 16186 b power to acquire property by condemnation or eminent domain:
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 SB1320 Engrossed - 31 - LRB100 06153 AXK 16186 b Authority Act, the Illinois Sports Facilities Authority Act, or the Build Illinois Bond Act;
"Public works" also includes all projects at leased facility property used for SB1320 Engrossed - 32 - LRB100 06153 AXK 16186 b airport purposes under Section 35 of the Local Government Facility Lease Act.
"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 SB1320 Engrossed - 33 - LRB100 06153 AXK 16186 b 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.
Department of Labor, Bureau of Apprenticeship and Training, health and welfare, insurance, vacations and pensions paid generally, in the locality in which SB1320 Engrossed - 34 - LRB100 06153 AXK 16186 b the work is being performed, to employees engaged in work of a similar character on public works.
SB1320 Engrossed - 35 - LRB100 06153 AXK 16186 b INDEX Statutes amended in order of appearance New Act 20 ILCS 2705/2705-233 new 20 ILCS 3501/825-108 new 30 ILCS 500/1-10.5 new 30 ILCS 550/1.9 new 30 ILCS 570/2.8 new 30 ILCS 575/2.8 new 605 ILCS 10/11.2 new 735 ILCS 30/15-5-48 new 820 ILCS 130/2 from Ch.
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Action History
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Session Sine Die
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Rule 19(a) / Re-referred to Rules Committee
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Final Action Deadline Extended-9(b) May 31, 2017
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Alternate Chief Sponsor Changed to Rep. Marcus C. Evans, Jr.
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Motion Prevailed
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Motion Filed to Suspend Rule 21 State Government Administration Committee; Rep. Lou Lang
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Assigned to State Government Administration Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Al Riley
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Arrived in House
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Third Reading - Passed; 053-000-000
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Added as Co-Sponsor Sen. Napoleon Harris, III
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Placed on Calendar Order of 3rd Reading May 9, 2017
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Second Reading
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Rule 2-10 Third Reading Deadline Established As May 31, 2017
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Added as Chief Co-Sponsor Sen. Karen McConnaughay
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Placed on Calendar Order of 2nd Reading March 9, 2017
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Do Pass Transportation; 015-000-000
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Postponed - Transportation
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Assigned to Transportation
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Martin A. Sandoval
Sponsors
- Martin A. Sandoval · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Martin A. Sandoval
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 0 | 0 | 5 |
| Democrat | 13 | 0 | 0 | 1 |
| Republican | 8 | 0 | 0 | 0 |
| Total | 53 | 0 | 0 | 6 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Not Voting |
| Connelly | — | Yea |
| McCann | — | Yea |
| Mulroe | — | Yea |
| Martinez | — | Yea |
| McConnaughay | — | Yea |
| Silverstein | — | Yea |
| Rooney | — | Yea |
| Steans | — | Yea |
| Harris | — | Yea |
| Bennett | — | Yea |
| Trotter | — | Yea |
| Brady | — | Yea |
| Hutchinson | — | Yea |
| Landek | — | Yea |
| Link | — | Yea |
| Cullerton | — | Yea |
| Manar | — | Yea |
| Cullerton, T. | — | Yea |
| McCarter | — | Not Voting |
| McGuire | — | Not Voting |
| Radogno | — | Yea |
| Bush | — | Not Voting |
| Clayborne | — | Yea |
| Haine | — | Not Voting |
| Muñoz | — | Yea |
| Nybo | — | Yea |
| Oberweis | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Yea |
| Schimpf | — | Yea |
| Althoff | — | Yea |
| Barickman | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Not Voting |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Travis Weaver | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 1320 do?
- 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.
- Who sponsors SB 1320?
- SB 1320 is sponsored by Martin A. Sandoval.
- What is the current status of SB 1320?
- This bill died with 100th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1320?
- Track SB 1320 free on One Click Politics — get push/email alerts when it moves.
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