Sen. Martin A. Sandoval
Filed: 3/27/2017
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1340 




2    AMENDMENT NO. ______. Amend Senate Bill 1340 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Illinois Highway Code is amended  by adding 
5Section 4-224 as follows:
 
6    (605 ILCS 5/4-224  new)
7    Sec. 4-224. Pay for Performance program; Quality Control 
8for Performance program.
9    (a) Within 90 days after the effective date of this 
10amendatory Act of the 100th General Assembly, the Department 
11shall revise its Pay for Performance program and Quality 
12Control for Performance program for the production, placement, 
13and payment of hot-mix asphalt projects in this State. The 
14programs shall incorporate and be fully compliant with 
15applicable standards developed by the American Association of 
16State Highway and Transportation Officials and the American 
 
 
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1Society for Testing and Materials and shall include, but are 
2not limited to:
3        (1) a dispute resolution process that would address 
4    issues arising out of a  pre-production meeting under AASHTO 
5    R 9-05 (2013) or its current equivalent full standard, 
6    which shall include third-party arbitration as a final 
7    step;
8        (2) the use of a contractor's quality test results for 
9    hot-mix asphalt under 23 CFR 637 and AASHTO R 9-05 (2013)  
10    or its current equivalent full standard for consideration 
11    in the Department's acceptance decisions for the programs;
12        (3) the use of third party laboratories to conduct 
13    verification testing, independent assurance testing, or 
14    dispute resolution testing under 23 CFR 637 and AASHTO R 
15    9-05 (2013) or its current equivalent full standard on 
16    behalf of the Department;
17        (4) the use of performance-based testing that utilizes 
18    the test methods developed by the American Association of 
19    State Highway and Transportation Officials or the American 
20    Society for Testing and Materials. In creating the criteria 
21    for the performance-based testing, the Department shall 
22    give priority consideration to the Federal Highway 
23    Administration's Techbriefs, Transportation Pooled Fund 
24    studies sponsored by the Federal Highway Administration or 
25    the Department, and completed National Cooperative Highway 
26    Research Program projects;
 
 
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1        (5) a procedure for addressing outlying test results 
2    under ASTM E178-16a or its current equivalent full 
3    standard; and
4        (6) an acceptable quality limit and a pay factor 
5    equation that provides for a maximum pay adjustment of up 
6    to 105%  and a defined maximum pay deduction under AASHTO R 
7    9-05 (2013) or its current equivalent full standard.
8    (b) Within 30 days after the revision of the Pay for 
9Performance program and the Quality Control for Performance 
10program, the Secretary of Transportation shall direct the 
11Bureau of Materials and Physical Research to publish revised 
12Pay for Performance and Quality Control for Performance Special 
13Provisions for use in Department projects. Each Special 
14Provision shall include a certification that the programs 
15comply with non-provisional standards that have been formally 
16adopted and published by the American Association of State 
17Highway and Transportation Officials and the American Society 
18for Testing and Materials. 
 

19    Section 99. Effective date. This Act takes effect upon 
20becoming law.".