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| Public Act 098-0595
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| SB2365 Enrolled | LRB098 06614 MGM 36657 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Private Agreements for the Illiana |
Expressway Act is amended by changing Section 25 as follows:
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(605 ILCS 130/25)
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Sec. 25. Provisions of the public private agreement. |
(a) The public private agreement shall include all of the |
following: |
(1) The term of the public private agreement that is |
consistent with Section 15 of this Act; |
(2) The powers, duties, responsibilities, obligations, |
and functions of the Department and the contractor; |
(3) Compensation or payments to the Department, if |
applicable; |
(4) Compensation or payments to the contractor; |
(5) A provision specifying that the Department: |
(A) has ready access to information regarding the |
contractor's powers, duties, responsibilities, |
obligations, and functions under the public private |
agreement; |
(B) has the right to demand and receive information |
from the contractor concerning any aspect of the |
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contractor's powers, duties, responsibilities, |
obligations, and functions under the public private |
agreement; and |
(C) has the authority to direct or countermand |
decisions by the contractor at any time; |
(6) A provision imposing an affirmative duty on the |
contractor to provide the Department with any information |
the contractor reasonably believes the Department would |
want to know or would need to know to enable the Department |
to exercise its powers, carry out its duties, |
responsibilities, and obligations, and perform its |
functions under this Act or the public private agreement or |
as otherwise required by law; |
(7) A provision requiring the contractor to provide the |
Department with advance notice of any decision that bears |
significantly on the public interest so the Department has |
a reasonable opportunity to evaluate and countermand that |
decision pursuant to this Section; |
(8) A requirement that the Department monitor and |
oversee the contractor's practices and take action that the |
Department considers appropriate to ensure that the |
contractor is in compliance with the terms of the public |
private agreement; |
(9) The authority of the Department to enter into |
contracts with third parties pursuant to Section 50 of this |
Act; |
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(10) A provision governing the contractor's authority |
to negotiate and execute subcontracts with third parties; |
(10.5) A provision stating that, in the event that the |
contractor does not have a subcontract with a design-build |
entity in effect at the time of execution of the |
public-private agreement by the Department, the contractor |
must the contractor finds it necessary, proper, or |
desirable to enter into subcontracts with one or more |
design-build entities, then it must follow a selection |
process that is, to the greatest extent possible, identical |
to the selection process contained in the Design-Build |
Procurement Act; |
(11) The authority of the contractor to impose user |
fees and the amounts of those fees, including the authority |
of the contractor to use congestion pricing, pursuant to |
which higher tolls rates are imposed during times or in |
locations of increased congestion; |
(12) A provision governing the deposit and allocation |
of revenues including user fees; |
(13) A provision governing rights to real and personal |
property of the State, the Department, the contractor, and |
other third parties; |
(14) A provision stating that the contractor must, |
pursuant to Section 75 of this Act, finance an independent |
audit if the construction costs under the contract exceed |
$50,000,000; |
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(15) A provision regarding the implementation and |
delivery of a comprehensive system of internal audits; |
(16) A provision regarding the implementation and |
delivery of reports, which must include a requirement that |
the contractor file with the Department, at least on an |
annual basis, financial statements containing information |
required by generally accepted accounting principles |
(GAAP); |
(17) Procedural requirements for obtaining the prior |
approval of the Department when rights that are the subject |
of the agreement, including but not limited to development |
rights, construction rights, property rights, and rights |
to certain revenues, are sold, assigned, transferred, or |
pledged as collateral to secure financing or for any other |
reason; |
(18) Grounds for termination of the agreement by the |
Department or the contractor and a restatement of the |
Department's rights under Section 35 of this Act; |
(19) A requirement that the contractor enter into a |
project labor agreement pursuant to Section 100 of this |
Act; |
(19.5) A provision stating that construction |
contractors shall comply with the requirements of Section |
30-22 of the Illinois Procurement Code pursuant to Section |
100 of this Act; |
(20) Timelines, deadlines, and scheduling; |
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(21) Review of plans, including development, |
financing, construction, management, or operations plans, |
by the Department; |
(22) Inspections by the Department, including |
inspections of construction work and improvements; |
(23) Rights and remedies of the Department in the event |
that the contractor defaults or otherwise fails to comply |
with the terms of the agreement; |
(24) A code of ethics for the contractor's officers and |
employees; and |
(25) Procedures for amendment to the agreement. |
(b) The public private agreement may include any or all of |
the following: |
(1) A provision regarding the extension of the |
agreement that is consistent with Section 15 of this Act; |
(2) Cash reserves requirements; |
(3) Delivery of performance and payment bonds or other |
performance security in a form and amount that is |
satisfactory to the Department; |
(4) Maintenance of public liability insurance; |
(5) Maintenance of self-insurance; |
(6) Provisions governing grants and loans, pursuant to |
which the Department may agree to make grants or loans for |
the development, financing, construction, management, or |
operation of the Illiana Expressway project from time to |
time from amounts received from the federal government or |
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any agency or instrumentality of the federal government or |
from any State or local agency; |
(7) Reimbursements to the Department for work |
performed and goods, services, and equipment provided by |
the Department; and |
(8) All other terms, conditions, and provisions |
acceptable to the Department that the Department deems |
necessary and proper and in the public interest.
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(Source: P.A. 96-913, eff. 6-9-10; 97-808, eff. 7-13-12.)
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