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Public Act 104-0281
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| HB3177 Enrolled | LRB104 10935 LNS 21017 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Innovations for Transportation |
Infrastructure Act is amended by changing Section 15 as |
follows:
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(630 ILCS 10/15) |
(Section scheduled to be repealed on July 1, 2032) |
Sec. 15. Authorization of project delivery methods. |
(a) Notwithstanding any other law, and as authority |
supplemental to its existing powers, except as otherwise |
provided for in this Act, the Transportation Agency, in |
accordance with this Act, may use the design-build project |
delivery method for transportation facilities if the capital |
costs for transportation facilities delivered utilizing the |
design-build project delivery method or Construction |
Manager/General Contractor project delivery method or |
Alternative Technical Concepts in a design-bid-build project |
delivery method do not: (i) for transportation facilities |
delivered by the Department, exceed $500,000,000 $400 million |
of contracts awarded on an annual basis during the |
Department's multi-year highway improvement program for any |
5-year period; or (ii) for transportation facilities delivered |
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by the Authority, exceed 20% of the Authority's annual |
improvement program. The Transportation Agency shall make this |
calculation before commencing the procurement. Notwithstanding |
any other law, and as authority supplemental to its existing |
powers, the Department, in accordance with this Act, may use |
the Construction Manager/General Contractor project delivery |
method for up to 2 transportation facilities per year. Before |
commencing a procurement under this Act for either a |
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 use the selected |
delivery method for that transportation facility. The analysis |
and determination shall discuss the design-build project |
delivery method or Construction Manager/General Contractor |
project delivery method's impact on the anticipated schedule, |
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 for the first 5 years after June 15, 2022 |
(the effective date of this Act) on the progress of |
procurements and transportation facilities procured under this |
Act. |
(c) A contract entered into pursuant to the provisions of |
this Act is excepted from the Public Contract Fraud Act. |
(Source: P.A. 102-1094, eff. 6-15-22; 103-154, eff. 6-30-23.)
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